Collective Enfranchisement

Lease X - Chartered Surveyors and Valuers, the Collective Enfranchisement Experts

Experts in Collective Enfranchisement

At Lease X, we are experienced specialists in collective enfranchisement with a proven track record of achieving excellent results for our clients. As members of the Royal Institution of Chartered Surveyors (RICS) and RICS Registered Valuers (RRVs), we are committed to providing expert guidance throughout the enfranchisement process.

Our goal is to help our clients acquire their freehold at a reasonable cost. Each year, our team handles hundreds of lease extensions and collective enfranchisements, ensuring that clients receive the best possible outcome.

While the costs associated with collective enfranchisement can be substantial, they are often not significantly higher than the combined cost of individual lease extensions for each flat. By acting collectively, there are frequently savings to be made, with the total professional fees, including those of both your team and the freeholder, typically being lower per flat.

To help set a budget, we provide free, no-obligation quotations for our valuation and negotiation services. Our fees are fixed, so you will know from the outset exactly what our charges will be to complete the collective enfranchisement process.

We can also recommend trusted Collective Enfranchisement Solicitors to handle the legal aspects of your claim and, where possible, provide an estimated “ballpark” figure for the total enfranchisement costs payable to the freeholder.

For a quotation, please call us on the number below or complete the enquiry form.

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Collective Enfranchisement FAQs

Is collective enfranchisement similar to an individual lease extension?

There are some similarities but they are different and are controlled by different law.

What are the costs of collective enfranchisement?

We can provide a comprehensive valuation report identifying the cost. We can also provide a breakdown per flat so each leaseholder knows what their portion of the cost is.

What about leaseholders who do not participate?

Whoever buys the freehold will have the right to receive ground rent from the non participants and potentially a further premium if they want to extend their lease in the future.

How is the cost split between leaseholders?

The total compensation due to the Landlord (e.g. a freeholder) includes different amounts for different flats based on issues such as lease lengths and property size. We can identify a proportionate split but leaseholders can of course decide something else if they wish.

What about leaseholders who have already extended their leases?

The cost for them to join in with buying the freehold is normally very modest. By doing so, they receive benefits such as unlocking any development value, controlling service charges and having a more marketable interest if they choose to sell in the future.

Can any leaseholder in the building join in?

In order to purchase the freehold, at least half of the leaseholders must agree. The more who join in, the lower the average cost per leaseholder is. If someone misses out now, it may be very difficult for them to join in after the transaction completes. Ideally, each leaseholder would join in at the start but they can decide to join in part way through the process, thereby reducing the cost to other leaseholders.

If we decide not to proceed, can we extend our leases?

Yes, absolutely and we’d be delighted to help you to do so. In fact, our valuation report also provides estimates of what it would cost for individual lease extensions.

Do you qualify for a Collective Enfranchisement (to purchase your freehold)

The Leasehold Reform, Housing and Urban Development Act 1993 gives flat owners the right to a collective enfranchisement (purchase the freehold of their building) providing the following conditions apply:

  • at least 50% of the flats’ owners must participate
  • the costs for the non-participant flats will need to paid for by the participants (those flat owners that seek to Enfranchise are known as “participants”)
  • the building must contain 2 or more flats
  • Qualifying Leases need to have been granted for 21 years or more
  • The building must contain flats where at least 2/3rds of the leases are qualifying leases (blocks where over a 1/3rd are retained by the local authority for social housing will not qualify)
  • the building must not contain more than 25% of commercial space
  • if there are only 2 flats, both flat owners need to participate
  • The cost of the Enfranchisement is not necessarily borne equally by each flat owner as each flat and each lease may have a different value and lease terms.
  • An agreement between participants which describes how the cost of the Enfranchisement is split and other issues is known a “participation agreement” and is generally recommended