If you are a flat owner subject to meeting certain qualifying criteria you are able to force your freeholder to sell the freehold to you. This process is known as collective enfranchisement. Read on to find out more about what this process involves and how our enfranchisement solicitors can provide you with the information you need to help you start a claim to buy your freehold.
There are many benefits of collective enfranchisement and unlike the right to extend your lease, there is no two year ownership qualification period and therefore, even if you have recently bought your flat you will be able to act immediately.
The key benefits of collective enfranchisement are:
A flat owner is able to participate if they hold their flat on a long lease (one originally granted for more than 21 years).
Subject to some exceptions, the qualifying criteria is in essence broken down into two parts, the building must qualify and the flat owners exercising the right must qualify:
There is no requirement for flat owners to invite all the flat owners to participate in the collective enfranchisement claim if there are enough participating tenants in order to proceed without them.
If your leases have just over 80 years unexpired you need to act very urgently before any of them drop below 80 years. For leases with a term of under 80 years then marriage value becomes payable to the freeholder. Marriage value is an additional premium payable to your freeholder once the lease term expires below 80 years which makes the claim for the freehold considerably more expensive.
For a detailed summary of the procedure involved in a collective enfranchisement claim from start to finish, please see our Collective Enfranchisement Procedure Infographic. Please also see our Factsheet (to the left of this page) for more detailed information about the procedure.
The Premium payable for the Freehold
At the outset you will need to obtain a valuation from a specialist valuer who will advise you of the premium you can expect to pay for the freehold. Your Valuer will also advise you of the initial offer price to put forward to the freeholder. Your Valuer will ensure that following negotiations you will pay a fair price for the freehold and advise how the premium should be fairly divided between the participating flat owners.
We will provide you with a fixed fee for dealing with all aspects of the collective enfranchisement claim at the outset (our fixed fee will include making any required application to the Tribunal but exclude our costs in preparing and attending a Tribunal hearing). Please note a claim proceeding to a hearing is extremely unusual.
In addition to our fees and disbursements, please note you will be responsible for paying the following:-
(a) investigation whether the flat owners and building qualify for a collective enfranchisement claim;
(b) obtaining a valuation of the premium which should be paid;
(c) serving the Counter-Notice; and
(d) drafting and completing the Transfer Deed and any leaseback (conveyancing costs).
The freeholder is not entitled to recover its negotiation costs (the costs of its valuer negotiating with your valuer) or any costs in connection with preparing or attending a tribunal hearing. If the claim did proceed to the Tribunal both parties would pay their own costs.
We are also able to assist if your freeholder is ‘missing’. Further, in the event that your leases are under 80 years and the freeholder is both missing and not performing its obligations under your leases then there is a possibility that we will be able to make an application for an Acquisition Order under the Landlord and Tenant Act 1987. By obtaining an Acquisition Order you would not be required to pay marriage value and therefore you would save a considerable sum of money.
If you are considering acquiring your freehold we are able to help you. We are experts in this field and also members of the Association of Leasehold Enfranchisement Practitioners (ALEP). We understand the technicalities and all angles of the legislation and will provide you with the best advice to achieve your objectives. We will always work closely with your instructed valuer to ensure that you achieve the very best result saving you costs where possible.