Do I qualify for collective enfranchisement?

The recent case of Smith and another v Jafton Properties Ltd [2011] considered the issue of whether the tenants were qualifying tenants within the meaning of the Leasehold Reform Housing and Urban Development Act 1993.  The Court of Appeal considered the complex facts and decided that the tenants were qualifying tenants and, therefore, were able to claim a right of collective enfranchisement.

Collective enfranchisement occurs when the tenants in a block join together to purchase the freehold from the Landlord. Leaseholders can use collective enfranchisement to grant themselves long leases without a further premium and also take over the management of the block.

Collective enfranchisement is subject to qualification criteria dependent on the nature of the building, the number of tenants within the block and the number participating with the enfranchisement. The enfranchisement is usually completed by a company set up solely for that reason (Right to Enfranchise “RTE” Company) and which can then be used as a vehicle for managing the block.
If you have any concerns as to whether you qualify then please contact our Hayley Samuels who will be able to advise you further on 01708 784020.