Find a Solicitor to help with Freehold Enfranchisement

What our leasehold enfranchisement solicitors can help with

Freehold enfranchisement is a process that allows leaseholders to purchase the freehold of their property, allowing greater control over its management. Our team of expert leasehold enfranchisement lawyers can help you with:

How leasehold enfranchisement lawyers can help with disputes

Leasehold enfranchisement can be a complex area of law and disputes can arise. Our property solicitors are on hand to guide you through the pitfalls and advise you on common disputes. Some of the most common conflicts include:

• Valuation disputes: An initial valuation of the property by a qualified valuer is essential, though this isn't always an exact science. Your solicitor can assist in handling disputes over the valuation through negotiation and mediation.
• Service charge disputes: Disputes may arise when it comes to settling service charge or ground rent payments. The freeholder may expect payments for services, repairs, maintenance or insurance as specified under the existing lease.
• Challenges to eligibility: Solicitors can advise when there are disputes over the eligibility of the leaseholders or the property for enfranchisement. They can advise on your suitability for enfranchisement, such as by confirming if at least two-thirds of the leaseholders in a building are qualified tenants.
• Timeline disputes: Occasionally, there are instances when the freeholder might put pressure on leaseholders to force a transaction. Your solicitor can guide you on appropriate timelines and if this freeholder's request is lawful.

Why choose Lawhive for a freehold enfranchisement solicitor?

We're not like your typical law firm. We have a network of licensed solicitors and can pair you with the right expert for your case. Below are just a few of the reasons why you might like Lawhive:

• Experts in property law: Our team of solicitors are a dab hand in property law. They understand the full collective enfranchisement process and can help you make a decision that's practical and cost-effective.
• Transparent pricing: We'll provide you with an instant fixed-fee quote for your case. There's no obligation to commit and no paying by the hour.
• Cheaper on average: Typically, a Lawhive solicitor can be up to 50% cheaper than a traditional law firm. You'll get the same level of experience and quality legal advice, for less.

Costs and legal fees involved

Every collective enfranchisement case will be unique and the average costs can vary widely. However, you can still expect typical leasehold enfranchisement solicitor fees, these include:

• Standard legal fees: This includes the preparation and review of contracts and for handling negotiations.
• Valuation and survey costs: You will have to pay costs to obtain a professional valuation of the freehold and any survey fees that may be required during the purchase process.
• Disputes: Disputes can create additional legal costs that will be difficult to predict, especially if you go to a tribunal.
• Ongoing costs: Leaseholders that acquire their building’s freehold may have to pay costs for maintenance of communal areas and have property management responsibilities.

The leasehold enfranchisement process explained

The leasehold enfranchisement process is complex, so it helps to break it down. Here's a quick overview of the step-by-step process:

1. Initial valuation: You'll need to obtain a professional valuation, this allows you to determine the price of the freehold to shape the offer you'll make to the freeholder. Expert valuers will take into account the lease length, ground rent, and property market value.
2. Serving the notice: Serve the legal notice to inform your freeholder that you wish to purchase the freehold. A formal notice known as a Section 43 notice should be sent to your freeholder.
3. Freeholder’s response: Freeholders must reply to the notice in a set way. They must reply with a counter notice within the timeline specified in the original notice. It should include the freeholder's counter offer or proposed price for selling the freehold.
4. Negotiation and agreement: The negotiation process sees leaseholders and freeholders negotiate the final terms of the purchase. Both sides typically use the services of a solicitor and valuer to negotiate the finer points of the price and lease conditions. If the matter cannot be resolved, it may be referred to a tribunal to make a final binding decision.
5. Completion: If successful, the purchase will be completed. This includes the transfer of title and registration with HM Land Registry.

Eligibility for freehold enfranchisement

The eligibility criteria for leaseholders seeking to purchase the freehold of their building include:

• A minimum lease term of 21 years when you first took out the lease
• You own the flat - shared ownership owners can only apply when they have ‘staircased’ to 100% ownership 
• Own a maximum of two flats in your building
• The building must contain at least two flats
• No more than 25% of the building can be used for non-residential purposes (offices, shops)
• At least 50% of leaseholders must club together and agree to buy their freehold to make collective enfranchisement possible

What happens if the freeholder refuses to sell the freehold?

A freeholder can only refuse to sell a freehold legally if the leaseholders are not eligible to purchase it. In some instances, a landlord may sell an interest in a freehold which should have been subject to the current freeholder’s right to refusal. When this occurs, if more than 50% of the leaseholders agree, they can serve an information notice on the new freeholder, this obliges them to give the leaseholders details of the sale.

Freehold enfranchisement legal advice

The benefits of freehold enfranchisement are tempting for flat owners. The ability to easily and quickly extend a lease without high costs or a long waiting time is very attractive to those who want to pass property on to the next generation. 

If you're looking to join your fellow leaseholders to take over the freehold of your building, we're here to help. Start your free legal assessment today and we'll provide you with an instant fixed fee quote. It's as easy as that.

References:

• Leasehold Reform Act 1967
• Leasehold Reform, Housing and Urban Development Act 1993

Our Property solicitors are ready to help

With straightforward pricing - so you know exactly what to expect at every step.

Get a quote