Leasehold Enfranchisement - Do We Need a Lawyer?


You are not happy with the management of your leasehold flat are you? To make matters worse when you tried to confront your landlord, you found yourself in dispute about the service charges.

On consultation with your fellow tenants you hear the same complaint and the same wish for a call to action. Why don't you get together and manage the block yourselves? This will give you control over the service so that you can deal with any management issues yourselves.

Yes, it's perfectly possible! You might have the legal right to enfranchise. How do you go about finding out?

Well, the main criteria for leasehold enfranchisement are not that huge and it's quite likely you will tick the boxes and qualify. These eligibility criteria are listed under the Leasehold Reform Act 1993.

The first thing you need to know is that your building must have at least two flats. If this is the case, talk to the other tenant (if you haven't already). Find out their thoughts as both of you must agree to join the application for enfranchisement.

If there are a group of you sharing the block or house, then you will need to get the agreement of at least 50% of the tenants.

The next thing to do is to make sure that the original lease had a duration of at least 21 years. Don't get confused with leasehold extension whereby to exercise your right to extend you must have owned the flat for at least two years. The right to enfranchise does not require this obligation.

Of course the question on your mind will undoubtedly be the dreaded 'Er...how much will it cost?'

Well, you are going to need a solicitor and one who is experienced in this part of Law. Whilst lawyer's fees are never cheap, it is as well to remind yourself that the financial gain for you after leasehold enfranchisement will almost certainly significantly outstrip the amount in legal costs.

This might seem like a lot to do, but just think of the end result. After you have a unified team of tenants with a couple of recognised 'leaders', you will be able to support each other rather than go it alone. Create regular team meetings, make sure everyone is clear of current events and the various stages of procedure - and keep one another motivated!

Better by far to think logically about short term expenditure for long term harvest.