Collective Enfranchisement, Lease Extensions and the Right of First Refusal

The rules and regulations relating to lease extension, collective enfranchisement and the right of first refusal contain express time limits and requirements. If anyone is served with a formal notice they should seek legal advice to ensure that their position is protected.

Lease Extensions

Often individuals will find that trying to sell their flat is difficult due to their lease having a short unexpired term. In such cases individuals may seek to extend their lease for a term of 90 years, plus the present unexpired term, all at a peppercorn rent.

Collective Enfranchisement

Collective enfranchisement is the right under Leasehold Reform Housing and Urban Development Act 1993 for owners of long leases to purchase the freehold of the building.

The Right of First Refusal

If a landlord wishes to sell his interest in a building contain flats which are protected under the right of first refusal, legally he must first offer it to the tenants before offering it on the open market. This offer must take the form of a formal notice. If he fails to make the offer or subsequently sells on more generous terms the tenants can serve a notice on the new owner seeking particulars of the transaction. It may be possible to force the new owner to sell to them at the price paid.

At Trott & Gentry we have experience of assisting individuals and companies in lease extensions and collective enfranchisement and the right of first refusal. Not all leases or buildings will qualify and we can arrange a free initial consultation to discuss whether your particular property qualifies. Our experience includes acting for both landlords and tenants, drafting or responding to notices, taking cases to the Leasehold Valuation Tribunal and representation at the Tribunal.

If you feel that we can be of assistance please do not hesitate to contact Steven Landau, Stanley Saffer or Rudi Ramdarshan at these offices.

If you require more information on the above please visit the Leasehold Advisory Service at www.lease-advice.org