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Introduction

Document Cited authorities 2 Cited in Related
Vincent
AuthorPiers Harrison/David Lonsdale
Pages15-16
Introduction

‘Leasehold enfranchisement’ is the name given by the Leasehold Reform Act 1967 (1967 Act) to the statutory right granted to a tenant of a house with a long lease to compel his landlord to sell him the freehold.

The 1967 Act also confers on some such tenants the alternative right to be granted a 50-year extension to the existing lease.

There were, at the time of the passing of the 1967 Act, no equivalent rights given to tenants of flats. However, the Leasehold Reform (Housing and Urban Development) Act 1993 conferred certain rights on tenants of flats with long leases.

These tenants were, essentially, given two options:

(a) they could combine together and collectively purchase the freehold of the building – this process is called collective enfranchisement;

(b) alternatively, any individual tenant could ‘go it alone’ and acquire a new lease, 90 years longer than the time remaining on his existing lease with the ground rent reduced to nil – this is called the individual right to a new lease.

This book is aimed at practitioners advising clients who may be contemplating exercising their rights under the legislation. We consider the following:

(a) purchasing the freehold (or extending the lease) of a house;
(b) collective enfranchisement of flats;
(c) the individual right to a new extended lease of a flat.

Firstly, we state when the rights may be exercised and by whom. Secondly, we describe the procedure. Thirdly, we show how the price for the exercise of the right is calculated. In the course of...

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