Enfranchisement

We act for Freeholders, Intermediate Leaseholders, and Leaseholders in the enfranchisement of:

• Blocks of flats under the Leasehold Reform, Housing and Urban Development Act 1993, or on a voluntary basis; and
• Houses under the Leasehold Reform Act 1967, or on a voluntary basis.

The full range of areas of work we cover is summarised lower down this page, together with links to provide fuller details.

We take account of the Leasehold Reform, Housing and Urban Development Act 1993, and Leasehold Reform Act 1967, as appropriate, and other relevant matters including:

• Leases; 
• Deeds of variation;
• Licences for alterations; and
• Other documents. 

If there is an intermediate lease, we advise on the implications, including whether the interest is a Minor Intermediate Leasehold Interest (‘MILI’). 

In order to calculate the enfranchisement price, we as Chartered Surveyors, Regulated by RICS, with Registered Valuers that are experts in enfranchisement: 

• inspect the property;
• calculate the floor area;
• research the market; and
• value the property with the lease terms existing, extended and with 999 years unexpired and a share of the freehold, all on the basis stated in the 1993, or 1967 Act, as appropriate.

Enfranchisement.  Price negotiations.

After reporting, we attempt to negotiate the price with the other side's valuer, to save you the expense and risks of a First Tier Tribunal (Property Chamber) hearing, with possible appeal to the Upper Tribunal (Lands Chamber).

Enfranchisement.  Expert evidence.

If negotiations do not progress so we can recommend settlement, we provide a Cost Benefit Analyses to assess the sense of proceeding with a hearing in the First Tier Tribunal (Property Chamber), or if the case is subsequently appealed, in the Upper Tribunal (Lands Chamber).

If a decision is taken to proceed to tribunal, we prepare and give expert evidence at the hearing, after which the tribunal will issue their determination.

Enfranchisement.  Examples of our recent work.

Examples of our recent work are:

Strategic valuation advice and later negotiation of sale of freehold:  Reported to Administrators that, in order to obtain a share of marriage value, they should wait until the leases in a block had less than eighty years unexpired, before entering into negotiations to sell the freehold to the lessees on a voluntary basis.  Subsequently negotiated with the lessees, the price and other terms for the sale of the freehold.

Negligent Solicitor: Advised on, and negotiated the damages arising from the freeholder’s solicitor failing to serve a valid enfranchisement Counter-Notice.

Mediation:  Produced a report for solicitors acting for the client solicitors and their insurers to assist reaching agreement of damages arising from the need to serve a fresh Notice of Claim due to the client solicitor’s negligence in failing to make an application in time for a block enfranchisement case to be determined by a First Tier Tribunal.

Enfranchisement of Block:  Reported to the lessees and negotiated the enfranchisement of a block of 97 flats, including the valuation of eleven intermediate interests, development potential, income from radio masts, and rights to install further masts.

Enfranchisement of Block:  Reported to the lessees and negotiated the enfranchisement of a block of 6 flats.

Enfranchisement of House:  Reported on the price likely to be payable for the enfranchisement of a house and negotiated the price.

Enfranchisement of House:  Reported on the price likely to be receivable from the enfranchisement of several houses and whether the client might have been provided with negligent valuation advice in relation to the purchase of a substantial portfolio of ground rent investments.

Our services: We are able to advise you on the price for the enfranchisement of a house under the Leasehold Reform Act 1967, or block of flats under the Leasehold Reform, Housing and Urban Development Act 1993, or on a voluntary basis.  We are also able to advise on the figures to be inserted in Notices of Claim, or Counter-notices, for block enfranchisements, depending on who we are acting for (not applicable for houses) .  We are Chartered Surveyors, Regulated by RICS, with Registered Valuers that are experts in lease extensions and enfranchisement.  We are also able to provide further information on enfranchisement.