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Update – Case Law and Legislative Developments – Enfranchisement – April 2022

This article covers some case law and legislative developments over the last 12 months relating to enfranchisement

Japanese Knotweed

The Royal Institution of Chartered Surveyors (RICS) have published updated guidance around Japanese Knotweed which came into effect on 23 March 2022.

Should Flat Owners Wait Before Exercising the Right to Manage?

The Government has now brought into force a number of provisions under the Leasehold and Freehold Reform Act 2024, implementing parts of the Law Commission’s recommendations relating to the Right to Manage (RTM). These were commenced by the Leasehold and Freehold Reform Act 2024 (Commencement No. 3) Regulations 2025, which came into force on 3 March 2025.

While these reforms improve the existing RTM process in important ways, many of the more far-reaching recommendations remain outstanding and may be included in a future Leasehold and Commonhold Reform Bill. This raises the practical question for flat owners: should they proceed with an RTM claim now, or wait to see if further changes are made?