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We at Gardner Austin have many years experience in acting for both Landlords and Tenants in relation to these matters providing our clients with prompt and effective advice and support in relation to all aspects.

Enfranchisement/Claiming the Freehold
Subject to certain conditions (including the type of property, number of tenants, qualifying leases and periods of ownership), residential flat owners ("tenants")collectively have the right to compel their landlord to sell the freehold of the block of flats in which they live to them. Strict time limits apply and this area of law can be a minefield for both landlords and tenants without proper advice and support.

Whilst landlords need to be protected in relation to the particular transaction, tenants need to think about the future and have a proper structure in place both for acquiring the freehold and for running afterwards. There are also taxation implications.

If the terms of sale and acquisition cannot be agreed by the parties, the matter has to go to hearing at the Leasehold Valuation Tribunal. Although tenants have to pay the landlords costs of valuation, investigation of the tenants claim and conveyancing, each party has to bear their own costs in relation to matters before the Leasehold Valuation Tribunal, irrespective of who "wins" at the end of the day.

Gardner Austin has wide experience in acting for both landlords and tenants, both agreeing and settling matters by negotiation as well as taking matters to the Tribunal with a successful outcome.

Rights of First Refusal
The tenants of a residential building also, subject to certain qualifications, collectively have the right of first refusal if the landlord seeks to dispose of the freehold or a superior leasehold interest in the property. The landlord has to give the tenants notice of any intended sale, the rules as to the timings and contents of such notices are strict and vary according to the circumstances.

We at Gardner Austin advise landlords how to avoid the pitfalls and tenants how to take up their rights setting up a proper structure and framework for the future.

Individual Flats and Houses
Subject to qualifications as to the type of lease and length of ownership, tenants of flats and houses have the right to improve their position. Tenants of flats can extend their leases by 90 years; tenants of houses can claim the freehold of their house or an extended lease.

The two areas of legislation are different and therefore the procedures differ. We at Gardner Austin advise both landlords and tenants in respect of these matters. Again if areas are disputed the matter goes to the Leasehold Valuation Tribunal for a decision.