Collective Enfranchisement
We provide experienced support with collective enfranchisement proceedings for leaseholders and landlords
Qualifying tenants have the right to buy the freehold of their building, as long as the right conditions are met. Whether you are a leaseholder seeking to start collective enfranchisement proceedings or a landlord responding to such proceedings, the right legal advice can be critical to secure the best outcome for you.
Longmores’ Property Litigation team have extensive experience dealing with collective enfranchisement proceedings, having navigated this process many times under many different circumstances over the years. As such, we can provide the seasoned expertise you need for any scenario.
We know exactly what you can expect and what you need to do, so we can help the process to run smoothly and ensure you are fully prepared for any possible hurdles or opportunities. Our experience and strong track record of satisfied clients means you can be confident you are getting the very best legal support for your requirements.
Market leading expertise in collective enfranchisement proceedings
We regularly advise leaseholders and landlords on collective enfranchisement.
Our collective enfranchisement solicitors can assist with:
- Checking eligibility for collective enfranchisement
- Preparing information for collective enfranchisement
- Serving the Initial Notice
- Serving the Counter-Notice
- Contested collective enfranchisement proceedings
Based in Hertford, we work with clients all over the country, including London and the South East.
Independently recognised property law expertise
We are ranked by leading client guide the Legal 500 for our Commercial Property and Commercial Litigation expertise.
Head of Property Litigation John Wagstaffe has been recommended by the Legal 500 for his property litigation expertise and is a member of the Property Litigation Association and the Association of Leasehold Enfranchisement Practitioners.
Speak to our collective enfranchisement solicitors
To discuss your requirements with our experienced, proactive collective enfranchisement experts, please get in touch.
Our collective enfranchisement services
Checking eligibility for collective enfranchisement
The first step in collective enfranchisement proceedings is to establish whether both the tenants and the building qualify.
To qualify for collective enfranchisement, the building must contain at least two flats, no more than 25% of its internal floor area can be for non-residential purposes and at least two-thirds of the leaseholders must be qualifying tenants. There are various other conditions and exemptions that must be considered, so the right to collective enfranchisement is often not straightforward.
Longmores’ leasehold property experts can assist both leaseholders and landlords with understanding whether tenants have the right to collective enfranchisement, helping to establish a firm legal basis for initiating or opposing such proceedings.
Preparing information for collective enfranchisement
Before tenants can begin collective enfranchisement proceedings, there is a range of background information they must gather which is required for the application.
Our collective enfranchisement solicitors can assist with gathering information including:
- The identity of the freeholder
- Details of any intervening leases or head leases
- The names and addresses of all leaseholders in the building and the details of their leases
- Whether any flats in the building are in the landlord’s direct control
Serving the Initial Notice
To trigger the statutory procedure for collective enfranchisement, an Initial Notice must be served on the freeholder. This Notice must be complete with no errors or inaccuracies as this can invalidate the process and add extra expense for the leaseholders.
This Initial Notice should also be registered with the Land Registry as this provides protection for the tenants against the possibility of the landlord selling the freehold to another purchaser before collective enfranchisement proceedings can be completed.
Longmores’ collective enfranchisement solicitors can assist with:
- Preparing the Initial Notice
- Serving the Initial Notice on the landlord
- Registering the Initial Notice with the Land Registry
- The landlord’s response to an Initial Notice
The landlords Counter-Notice
A landlord who has been served with an Initial Notice must serve their Counter-Notice by the date specified. The landlord has three options:
- Accept the tenants’ terms for collective enfranchisement set out in the Initial Notice
- Dispute the tenants’ right to collective enfranchisement and explain why
- Neither accept nor deny the application where the landlord intends to redevelop the whole or a substantial part of the building (the landlord will need to make a court application for an order that the right to collective enfranchisement cannot thus be exercised)
Longmores can assist with:
- Landlords preparing and serving their Counter-Notice
- Landlords’ court applications
- Advice for tenants on responding to a landlord’s Counter-Notice
Contested collective enfranchisement proceedings
Where a landlord has opposed collective enfranchisement or stated that they will be redeveloping the site and thus collective enfranchisement is not an option, tenants will need to review their options.
Longmores can provide advice and representation for tenants and landlords with respect to contested collective enfranchisement proceedings. We will ensure you fully understand the issues and your legal position, then expertly prepare your case, so you can be confident of securing the best available outcome for your interests.
Our collective enfranchisement fees
The cost of collective enfranchisement can be a concern, both for leaseholders and landlords. Keeping those costs to a minimum is a core commitment of our service, while making sure we never compromise on the quality of legal advice you receive.
Our Property Litigation team works hard to keep our overheads low and stay focused on efficiency. We are able to pass these savings on to our clients, allowing us to offer the highest levels of legal expertise and service at a lower cost than many of our competitors.
Where appropriate, we are able to handle some aspects of collective enfranchisement proceedings on a fixed fee or capped fee basis, making it easier for you to budget with confidence.
For more complex collective enfranchisement matters, where ongoing support is required, we will work to an agreed hourly rate dependent on the level of expertise needed. We will provide a clear cost estimate at the outset and any additional expenditure will be agreed in advance, so you always stay in control.
To find out more about our collective enfranchisement fees and to request a cost estimate, please get in touch.
Speak to our collective enfranchisement solicitors
To discuss your requirements with our experienced, proactive collective enfranchisement experts, please get in touch.
