Collective enfranchisement is a process that allows leaseholders to collectively purchase the freehold of the building from their landlord. This gives leaseholders greater control over the management and maintenance of the building, as well as potentially increasing the value of their individual properties.

To be eligible for collective enfranchisement, a building must meet certain criteria, such as having at least two flats held by qualifying tenants, with no more than 25% of the building being used for non-residential purposes. Additionally, the leaseholders must collectively hold at least 50% of the leases in the building. There are also various procedural requirements that must be followed, including serving notices on the landlord and following a specific timeline.

Once the process is complete and the freehold has been acquired, the leaseholders become responsible for the management and maintenance of the building, including the provision of services such as cleaning, repairs, and insurance. They may choose to form a company or other legal entity to manage the building and provide services to the individual flat owners

Who is eligible to buy their freehold (collective enfranchisement)?

Collective enfranchisement is governed by the Leasehold Reform Housing & Urban Development Act 1993, and amended by the 1996 Housing Act and the Commonhold and Leasehold Reform Act 2002. To be eligible, the following criteria must be met:
Qualifying Tenants
The leaseholders must be qualifying tenants, meaning they have a long lease of at least 21 years when the lease was originally granted, or they have the right to renew their lease under the LRHUD Act 1993.
Building Criteria:
The building must have at least two flats held by qualifying tenants, with no more than 25% of the internal floor area of the building being used for non-residential purposes.
Participating Leaseholders:
The leaseholders must collectively hold at least 50% of the leases in the building. For example, if there are 11 flats in the building, at least 6 of the leaseholders must participate. Where there are only two flats in the building both leaseholders must participate.
What is the collective enfranchisement process?

What is the collective enfranchisement process?

The process can be complex, but generally involves the following steps:

  • Checking Eligibility (of the building, the tenants etc)
  • Forming a group of participating leaseholders
  • Choosing the Nominee Purchaser
  • Instructing professional advisers (chartered surveyors & solicitors)
  • Assessing the Purchase Price
  • Serving the Initial Notice
  • Preparing for the subsequent procedures

How can Mylako Chartered Surveyors assist you with the purchase of your freehold?

Our team of experience surveyors can guide leaseholders/freeholders through each step of the process and provide advice on the following matters: Provide ‘best and worst’ case valuation advice so that you are well informed of the possible outcomes and costs involved. Provide advice on the amount to be included in the Initial Notice. Respond to the landlord’s Counter-Notice. Negotiate the settlement premium amount. Provide advice on the condition of the building and if any external and/or internal repairs are required. Provide advice on the set up of service charge budgets and future maintenance costs. Provide advice on the future management of the building. What sets Mylako chartered surveyors apart is our deep understanding of the legal and regulatory framework surrounding collective enfranchisement, as well as our proven track record in successfully negotiating on behalf of our clients.
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