Contested Enfranchisement

Collective enfranchisement is the right for a group of flat tenants with long leases to act together to buy the freehold of their building on terms prescribed by the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993).

A collective enfranchisement claim is commenced by the service of an initial notice by the participating tenants on the reversioner, who is usually the freeholder.

Once the claim is made, the freeholder must serve a counter-notice. A freeholder wishing to contest a claim for collective enfranchisement must do either of the following in the counter-notice:

  • Not admit the tenants’ claim on the grounds that the tenants do not meet the qualifying criteria; or
  • Oppose the tenants’ claim on redevelopment grounds.

We can act on behalf of freeholders wishing to dispute the tenants’ right to bring a collective enfranchisement claim.

boss sitting in office

I am a Partner at Naylor Solicitors, a law firm specialising in property disputes and resolution. I would be delighted to assist with any queries you may have. Please get in touch to arrange a no obligation consultation.

James Naylor

When can a freeholder not admit a collective enfranchisement claim?

If a freeholder does not admit the tenants’ right to collective enfranchisement, it must give reasons in the counter-notice. This will involve explaining why the tenants do not meet the qualifying criteria under LRHUDA 1993.

Upon service of the counter-notice, the tenants will have 2 months to apply to court for a declaration that it was entitled to bring the enfranchisement claim.

If the court dismisses the tenants’ application, the initial notice will cease. However, this does not prevent the tenants’ ability to serve a further notice if they satisfy the relevant qualifying criteria.

We can act on behalf of a freeholder wishing to defend a collective enfranchisement, including preparing and serving the counter-notice on the tenants.

When can a freeholder or landlord oppose the tenants’ claim on the grounds of redevelopment?

A freeholder can either admit or not admit the tenant’s right to bring the claim but oppose it on the grounds that either the freeholder or another relevant landlord proposes to redevelop the premises.

Within two months of service of the counter-notice, the freeholder and/or any intermediate landlord may apply for a court order that there is no right to enfranchise on redevelopment grounds.

The court may not make an order unless both of the following conditions are met:

  • At least two-thirds of the long leases are due to terminate within five years of the date of service of the initial notice;
  • The court is satisfied that, once those leases have come to an end, the applicant intends to demolish, reconstruct or carry out substantial works to the premises, and it could not do so without obtaining possession of the flats under the leases.

However, as the tenant of a flat under a long lease has the right to a new lease under section 42 of the LRHUDA 1993, it is often difficult to satisfy the first condition.

We can represent landlords wishing to oppose enfranchisement on redevelopment grounds, including providing expert legal advice on your particular case.

We’re with you, every step of the way.

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Violeta Korkucyte
Violeta Korkucyte
I am very happy with the service provided by Dominika Libova who helped me out with both my housing and allotment issues. Dominika was very professional, knowledgeable and understanding. I am grateful for all support and understanding received. I highly recommend Dominika and I will certainly continue using Naylor Solicitors services, should again there will be any need. Thank you so much! Kind regards, Violeta Korkucyte
Xuan Xing
Xuan Xing
I used Naylor as my solicitor in my possesion claim case. It was very complicated due to a rent-to-rent and defaulting agent case with changing solicitors in the past. Jenny and Dominika provided top-notch services along the way and helped me finally regained the property. They gave legal advices truly in client's interest and explained things in details. I would highly recommend you using them esp. when you face a complicated case.
Hi, My landlord posted an arrears repayment request letter (for my commercial property) to my old residential address where I haven't lived for over 20 years. To make things worse, some of my estranged family out of spite 'sat on the letter and never told me'. When my sick father found out he told me but by that time it was too late and my landlord had then tried 'to dig up a old expired lease clause' to evict me instead. I contacted the landlord and instructed Naylors to help me, as I have used them previously without any problems. I had an excellent service and outcome before and this time felt I was in very safe hands. However my landlord served me a 'forfeiture of lease and claimed repossession. Distraught Naylors saved the day and I am delighted, relieved and very grateful to say the landlord has given my keys back to me today, (within 48hrs of Naylors contacting them on my behalf) and I am back in my shop. Thank you so so much James, Jonathan, Jasper, Gurcharan and the whole team at Naylors, you guys are fantastic! keep up the amazing work. best wishes shabana x
Relinda Howard
Relinda Howard
I take this opportunity of thanking Dominika for her expertise and professionalism. She certainly made my experience of this situation more pleasant . She appears to be a person of strength and determination. When it is time to be firm she can be. Thanks for her perseverance in completing what she started. Relinda.
Mark Genney
Mark Genney
I have to say Naylor went the extra mile, my case must have lasted 5 years or so. I'm very happy with the amount of professionalism and talent that Naylor brought to this.
BB Roy
BB Roy
This specialist, yet unassuming Property Law firm came to my rescue by evicting a tenant in my property who was illegally subletting. At the outset, the principal of the firm - James Naylor set out a very clear forthright approach to get the tenants out by a given date. Then it was all up to a very high impact Solicitor Nida Khan to execute that plan. Nida was diligent and persistent in her manner with the tenants and left them with little scope to manoeuvre other than to surrender the tenancy by the specified date or to face imminent eviction by court orders. Through out the two week's process - Nida kept me informed, was easy to communicate with and was always reassuring. I am very grateful to Naylor's LLP for their professional service and happy to recommend Nida and her firm as outstanding property law practitioners.
Nurliah Fisher
Nurliah Fisher
I would like to thanks to all the staff at Naylor Solicitors. They are all very helpful and the most important is for me that’s they are very honest. Wishing them all the best and success with their team work and especially to Dominika, Many thanks for your hard work. Best wishes Nurliah Fisher
Mustafa Kalaycı
Mustafa Kalaycı
The most honest, hardworking, and fully professional law firm I have encountered or worked with. Despite speaking different languages, they effectively understand you through their interpreters, find the best advisors to assist you, and acquire the necessary information. They create a friendly, family-like atmosphere with a straightforward approach, particularly in litigation expertise. My gratitude goes to all the staff involved, especially James Naylor and Jenny Cheung, for their dedication. Thanks for everything. Mustafa KALAYCI
I used Naylor Solicitors to help us purchase our freehold. It wasn't as straightforward as we'd hoped as the previous freeholder and his solicitors were difficult to deal with (not responding to calls or emails etc,) which delayed things. At one point the freeholder threatened to pull out of the sale despite previously agreeing. Our solicitor Adam was swift in his response, reminding the other side that we had a verbal agreement and that they were risking us taking legal action in that regard. He was then able to make sure the sale went through as agreed. I highly recommend Naylor Solicitors.
Ray Allen
Ray Allen
We have used their services twice and both times we found them to be efficient and responsive. Kept us well informed of all developments throughout the process.