What is Leasehold Enfranchisement (also known as Leasehold Reform)?
Leasehold Enfranchisement is simply the technical name given to the process by which tenants can, in certain circumstances, buy their freehold or acquire a new lease (often called a ‘lease extension’) from their landlords.
Buying your freehold (also known as Collective Enfranchisement)
The Leasehold Reform Housing and Urban Development Act 1993 (‘the 1993 Act’) gives tenants the right to acquire the freehold of their building. Subject to certain exclusions, tenants can exercise this right as long as at least 50% of the tenants in their building wish to proceed.
Individual right to a new lease (also known as lease extension or renewing a lease)
The 1993 Act also gives a further right to tenants to acquire a lease extension of 90 years on top of the remaining length of the lease at a peppercorn rent (that is, rent free). Subject to certain exclusions, tenants can exercise this right if they have owned their flat for at least 2 years. If you need a lease extension solicitor we would be delighted to act for you.
Right to Manage claims, Right of First Refusal matters & Appointment of Managers
In addition to collective enfranchisement and lease extension claims we also have extensive experience in relation to Right to Manage claims, Right of First refusal matters, the Appointment of Managers and other residential leasehold issues.
Our Leasehold Enfranchisement Department – Landlord solicitors & Tenant solicitors
Our firm has one of the strongest Leasehold Enfranchisement Departments in the South of England. Our Head of Department is Tim Morgan who is recognised as one of only a handful of solicitors in the South who can truly be said to be an expert in this area of Law.
In our Leasehold Enfranchisement Department we have seven solicitors who are listed in the directory of LEASE (the Leasehold Advisory Service) – Tim Morgan, Paul Barnes, Phil Rowland, Richard Buckland, Jeremy Donegan, Erica Stocks and Jenny Crocker, who additionally advise the Brighton & Hove District Leaseholders Association on a voluntary basis on all areas of leasehold enfranchisement.
Our Leasehold Enfranchisement Department has helped countless tenants and Residents Associations to acquire their freeholds and obtain lease extensions across the South of England. We have also acted for numerous landlords dealing with such applications made by tenants.
We deal with flats in Brighton, London & beyond
The majority of our work is in Brighton and Hove but we also carry out work in London, East Sussex (in particular Eastbourne), West Sussex (in particular Worthing), Surrey (in particular Croydon), Hampshire and Kent. The type of blocks we deal with range from small 2-flat buildings to blocks containing over 100 flats. In addition we have dealt with applications to the County Court, First-tier Tribunal and in relation to a number of appeals to the Upper Tribunal.
We have also had continued success at the ERMAS (the Enfranchisement and Right to Manage Awards) (www.theermas.co.uk) as follows:-
- The ERMAS 2017 – ODT solicitors were ‘Highly Commended’ in the ‘Solicitors Firm of the Year’ category. Head of Department Tim Morgan was ‘Highly Commended’ in the ‘Solicitor of the Year’ and the ‘Regional Professional of the Year’ award categories
- The ERMAS 2016 – ODT Solicitors were finalists in the ‘Solicitors Firm of the Year’ and ‘Regional Professional of the Year’ award categories. Our Head of Department Tim Morgan was ‘Highly Commended’ in the ‘Regional Professional of the Year’ category and a finalist in the ‘Solicitor of the Year’ category
- The ERMAS 2015 – Our Head of Department Tim Morgan was a finalist in the ‘Regional Professional of the Year’ and ‘Solicitor of the Year’ award categories
- The ERMAS 2014 – ODT Solicitors were ‘Highly Commended’ in the ‘Regional Professional of the Year’ award category
- The ERMAS 2013 – ODT Solicitors were finalists in the ‘Regional Professional of the Year’ award category. Our Head of Department Tim Morgan was ‘Highly Commended’ in the ‘Solicitor of the Year’ award category
- The ERMAS 2012 – ODT Solicitors were the winners of the ‘Regional Professional of the Year’ award
For more information there are a number of videos on YouTube.
Contacting one of our lease extension solicitors or enfranchisement solicitors
Whether or not you are a tenant or a landlord, our Leasehold Enfranchisement Department will always be happy to discuss any residential leasehold matters and offer you the benefit of our experience and the close ties we enjoy with local valuers.
If you would like to find out more information about our Leasehold Enfranchisement Department generally then please feel free to contact Tim Morgan at firstname.lastname@example.org Paul Barnes at email@example.com Phil Rowland at firstname.lastname@example.org or Richard Buckland at email@example.com or by telephoning our offices on 01273 710712.
We also have a particular specialism in general landlord and tenant work including service charge disputes, maintenance issues, disrepair and dilapidations claims, injunction and housing law. For more information please click here to view information about our Landlord and Tenant team.
Member of the Association of Leasehold Enfranchisement Practitioners www.alep.org.uk