Get Started With Collective Enfranchisement

Enfranchisement and the right to enfranchise: you go to your contract and find it mentions the right to collective enfranchisement. You aren't very sure of the meaning, but you know it's something you should be looking at when thinking about freehold ownership.

Forget the dictionary definitions. In 1993 statute awarded tenants the right to collectively own the freehold of their building. Various legislative changes were made and the resultant Commonhold and Leasehold Reform Act 2002 simplified the qualifying criteria, improving the position of leaseholders. It's reassuring to know.

What are the benefits of enfranchisement if you are already the leaseholder? Well, the main point is that the flat will be in your ownership without having to worry about leases that shorten with time. Also, and although it doesn't apply in every case, the tenants' nominee company will take control of the management of the building. Finally, there's the perceived psychological benefit in being part of a tenant owned building which is a good selling point with buyers.

Having considered these advantages you decide collective enfranchisement is what you are looking for. Does the word "collective" bother you? Well, that relates to one of the requirements to enfranchise. These are:

- the building itself should be a self contained block of flats, this includes converted buildings and purpose built flats

- the building must contain less than 25% non residential use to qualify

- two thirds of the flats must be let to qualifying tenants

- a qualifying tenant is one who holds the flat under a long lease for a term of more than 21 years

- the qualifying tenants participating have to comprise 50% of the flats in the building.

As well as this, it is another thing you don't have to worry about: a qualifying tenant no longer has to have lived in his/her flat or owned it for a set period of time.

After, getting the know how on the early stages of collective enfranchisement, it's time for the homework. Once you have ticked all the eligibility and criteria boxes, it's time to start considering the next steps in enfranchisement: costs, organisation, time required. This is the investigative part of the job. Wait! Don't stress out; go one step at a time. Consult a lawyer who is qualified in the right to enfranchise; he/she will look after you and direct you through the processes until...hey, the flat is yours!

Bonallack & Bishop in Salisbury are a firm of specialist collective enfranchisement solicitors. If you need specialised advice on the right to enfranchise then contact one of their solicitors today. Tim Bishop is senior partner at Bonallack & Bishop, a firm specialising in extending leasehold property. He is responsible for all major strategic decisions, seeing himself as a businessman who owns a law firm. Tim has expanded the firm by 1000% in 12 years and has plans for its continued development.