You are the leaseholder or proposed purchaser of a flat or house where the freeholder is The Crown Estate and want to know if the lease can be extended, or block of flats or house enfranchised?
Claims on The Crown Estate. Can tenants or purchasers extend leases or enfranchise?
The Crown Estate is not required to comply with Leasehold Reform legislation. However, for “Non-Excepted Areas” they have given an undertaking to Parliament that in most cases they will act “by analogy” within the spirit of the legislation.
For “Excepted Areas” the undertaking given to Parliament does not apply, and The Crown Estate agrees to act “in the spirit of the legislation” but subject to various exclusions and variations.
Claims on The Crown Estate. Qualifying criteria.
Subject to satisfying the qualifying criteria, for Non-Excepted Areas, leaseholders can often extend the lease of a flat; or participate in a block enfranchisement, both under the Leasehold Reform, Housing and Urban Development Act 1993; or enfranchise a house under the Leasehold Reform Act 1967.
For details of the qualifying criteria for Non-Excepted Areas, see Can the lease be extended? for lease extensions of flats; Can we enfranchise our block? for enfranchisement of blocks; and Can the house be enfranchised? for enfranchisement of houses.
The qualifying criteria for Excepted Areas is the same as stated above for Non-Excepted Areas, but subject to the various exclusions and variations that apply to individual Excepted Areas. It is often possible to obtain a copy of the policy that explains how lease extension and enfranchisement Claims are dealt with in individual Excepted Areas.
Claims on the Crown Estate. What premium or price will I have to pay?
Assuming you satisfy the qualifying criteria for the applicable Non-Excepted Area, or Excepted Area, we are able to provide valuation advice on the premium you are likely to have to pay for extending the lease of a flat; or price for participating in a block enfranchisement, or enfranchising your house.
See What premium will I have to pay? for lease extensions of flats; What price will we have to pay for the block? for enfranchisement of blocks; and What price will I have to pay for the house? for enfranchisement of houses.
Claims on the Crown Estate. Process for Excepted Areas.
If in Excepted Areas, The Crown Estate are prepared to extend the lease, or enfranchise the block or house, within the spirit of the 1993 or 1967 Act, as appropriate, this may avoid the need for formal Notice to be served, as would be the case in Non-Excepted Areas, or if the Crown were not the freeholder. Consequently, the legal fees of the lessee, or purchaser, as appropriate, may be lower than otherwise. It is possible, that depending on the Crown’s Policy, an Arbitrator of Expert may determine any disputes over the premium, or price, as appropriate, or conveyance, rather than the First Tier Tribunal (Property Chamber), as would be the case in Non-Excepted Areas, or where The Crown Estate are not the freeholder, in both cases, where the provisions of the 1993 or 1967 Acts would apply.
Our services: We are able to advise on the premium you are likely to have to pay for the extension of a lease of a flat; or price for participating in a block enfranchisement, or enfranchising a house, in all cases where you are the leaseholder or purchaser. Where the freeholder is The Crown Estate we are able to advise on the process that should be followed for Non-Excepted Areas or Excepted Areas. 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 in relation to situations where the freeholder is The Crown Estate.
