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Buying the freehold of your house or flat can give you more control, stability, and long-term value. However, it can be a complex process, needing a lot of planning. Our expert solicitors can guide you through every step.
Interested in extending your lease? Contact our Lease Extension Solicitors for our dedicated services.
What is a Lease Enfranchisement?
Lease enfranchisement allows leaseholders to buy the freehold of their property (usually a house or flat). It can often be a more secure and cost-effective alternative to extending the lease of a property. Here’s how it works:
For flats: Collective Enfranchisement allows leaseholders in a block of flats to purchase the freehold together.
For houses: Individual leaseholders can buy under the Leasehold Reform Act 1967 if they meet the criteria.
Many owners of leasehold properties prefer outright ownership of the freehold, which does not need to cost a huge amount more than an individual lease extension (subject to how many properties are within a building).
Benefits of Lease Enfranchisement
If you don’t own the freehold on your property, buying it through lease enfranchisement can have advantages:
- Extends the lease to up to 999 years, often a more cost-effective solution in the long run
- Gains greater control over service charges and building management, and increases value
- Protects residents against poor management or overcharging by freeholders or their agents
What Is A Collective Enfranchisement?
When you own a long lease, you’ll usually have the right to acquire the freehold collectively with other qualifying leaseholders.
Where you own a lease in premises of two or more flats (where at least two-thirds of the total properties are held by qualifying tenants), you would be able to partake in this process.
To collectively enfranchise, the process usually involves:
- Providing an initial notice to those who qualify to participate in the process;
- Coordinating a nominated purchaser (usually a freehold-enfranchisement/ownership company)
- Seeking a valuation of the premises;
- Serving an initial notice on the current freeholder; and
- Following a statutory process with set deadlines for allowing the smooth transfer of the freehold asset (subject to a premium).
Just like a lease extension, if the parties are of similar mindsets, a voluntary deal can be arranged to transfer the freehold.
Do I Qualify for Lease Enfranchisement?
If you have a long lease (of more than 21 years) of a self-contained part of a building in a residential block with a large number of similar owners – you generally should qualify. If you don’t, we can advise on alternatives.
Unlike lease extensions, you do not have to have owned the property for any specific length of time.
Related Lease Enfranchisement Services
What to Expect From Our Lease Enfranchisement Solicitors
Enfranchisement is a process that involves quite an active amount of planning, especially if you are part of a large block of flats. Our solicitors have been recognised for excellence in this field by clients and other professionals to become members of the Association of Leasehold Enfranchisement Practitioners.
We can check whether you and your building qualify, explain your options, negotiate with the freeholder, or represent you at tribunal if needed. All with the expertise of our Property and Dispute Resolution teams.
However, the easiest way to start is to have a conversation with your neighbour. If you can gather the required support to pass the 50% required participation by qualifying tenants, purchasing your freehold would be an achievable possibility. Our lease enfranchisement solicitors can then help you take the next steps.
Why Choose TV Edwards?
- Highly ranked in legal directories – Recognised by Legal 500 and Chambers UK
- Proven success – A track record of successful cases and expertise recognised by ALEP
- Cost-effective solutions – We prioritise practical resolutions to keep costs manageable
- Specialist expertise – Our lawyers understand the best approach for the property
- Client-first approach – Clear, honest legal advice from start to finish, tailored to you
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Lease Enfranchisement Frequently Asked Questions
What is the 2-year rule for enfranchisement?
From 31 January 2025, leaseholders will no longer need to wait for two years to commence enfranchisement or lease extension processes. As long as you hold a long lease (over 21 years), you may qualify straight away.
Do I need a solicitor for a lease extension?
You do not legally require a solicitor for a lease extension, but they can protect your rights, make the process run much more smoothly for you and increase your chances of success. Lease extensions involve a lot of strict statutory procedures and deadlines, and mistakes can be expensive. A lawyer can help with this.
Is leasehold going to be abolished?
Leasehold is not currently going to be abolished, but there have been movements towards reform and making the system more favourable to homeowners. These could include a potential transition to commonhold in the future, and some changes have already been made under the Leasehold Reform (Ground Rent) Act 2022.
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