Leasehold enfranchisement - Revision history

Editor at 08:24, 3 February 2025

2025-02-03T08:24:00Z

← Older revision		Revision as of 08:24, 3 February 2025
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	* Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.		* Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Betterment.		* Betterment.

Designing Buildings at 07:30, 18 November 2020

2020-11-18T07:30:36Z

← Older revision		Revision as of 07:30, 18 November 2020
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	* Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.		* Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Betterment.		* Betterment.
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	* Supersession.		* Supersession.

−	=== External references ===	+	= External references =

	* Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].		* Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].
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	* Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].		* Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].

−	[[Category:Property_law]]	+	[[Category:DCN_Case_Law]] [[Category:DCN_Commentary]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Property_law]]

Editor at 14:58, 26 September 2017

2017-09-26T14:58:26Z

← Older revision		Revision as of 14:58, 26 September 2017
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	* Break clauses in leases.		* Break clauses in leases.
	* Commonhold.		* Commonhold.
		+	* Copyhold.
	* Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited. 2012.		* Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited. 2012.
	* Dilapidations.		* Dilapidations.

Editor at 22:01, 30 August 2017

2017-08-30T22:01:36Z

← Older revision		Revision as of 22:01, 30 August 2017
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−
	The term ‘leasehold’ in property law describes a lease from the freeholder of a property that enables the leaseholder to use the property for a specified period subject to conditions set out in the lease in return for the payment of rent. At the end of the lease the premises revert to the freeholder. Leaseholders are sometimes also referred to as ‘tenants’.		The term ‘leasehold’ in property law describes a lease from the freeholder of a property that enables the leaseholder to use the property for a specified period subject to conditions set out in the lease in return for the payment of rent. At the end of the lease the premises revert to the freeholder. Leaseholders are sometimes also referred to as ‘tenants’.

	A leasehold is in contrast to:		A leasehold is in contrast to:
−	*A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'.<br/>
−	*A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.

−	Leaseholders are entitled to know the name and address of their freeholder.~~<br/>~~	+	* A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'.
		+	* A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.
		+
		+	Leaseholders are entitled to know the name and address of their freeholder.

	A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).		A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).
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	The process is a complex one, with a number of conditions and exceptions. It is described in detail by the Leasehold Advisory Service:		The process is a complex one, with a number of conditions and exceptions. It is described in detail by the Leasehold Advisory Service:
−	*[http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].	+
−	*[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].	+	* [http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].
		+	* [http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].

	Given the complexity, it may be wise for the parties to seek professional advice. This complexity can be seen in the cases of Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited.		Given the complexity, it may be wise for the parties to seek professional advice. This complexity can be seen in the cases of Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited.

	Notes:		Notes:
−	*Leaseholders of flats and houses may also have the right to extend their lease, but this can be expensive.
−	*Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.
−	*Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.

−	= ~~'''~~Find out more~~'''~~ =	+	* Leaseholders of flats and houses may also have the right to extend their lease, but this can be expensive.
		+	* Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.
		+	* Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.
		+
		+	= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Betterment.	+
−	*Break clauses in leases.	+	* Betterment.
−	*Commonhold.	+	* Break clauses in leases.
−	*Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited. 2012.	+	* Commonhold.
−	*Dilapidations.	+	* Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited. 2012.
−	*Freehold.	+	* Dilapidations.
−	*Lease Negotiations - Tenants Checklist.	+	* Freehold.
−	*Licence to alter.	+	* Lease Negotiations - Tenants Checklist.
−	*Quantified demand.	+	* Licence to alter.
−	*Rent-free period.	+	* Quantified demand.
−	*Rent in administration.	+	* Redevelopment lease renewals.
−	*Rent review.	+	* Rent-free period.
−	*Reversion.	+	* Rent in administration.
−	*Sample retail lease.	+	* Rent review.
−	*Schedule of dilapidations.	+	* Reversion.
−	*Scott schedule.	+	* Sample retail lease.
−	*Supersession.	+	* Schedule of dilapidations.
		+	* Scott schedule.
		+	* Supersession.

	=== External references ===		=== External references ===
−	*Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].	+
−	*Leasehold Advisory Service, [http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].	+	* Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].
−	*Leasehold Advisory Service,[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].	+	* Leasehold Advisory Service, [http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].
−	*Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].	+	* Leasehold Advisory Service,[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].
		+	* Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].

	[[Category:Property_law]]		[[Category:Property_law]]

Designing Buildings at 08:50, 2 September 2014

2014-09-02T08:50:03Z

← Older revision		Revision as of 08:50, 2 September 2014
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	*Freehold.		*Freehold.
	*Lease Negotiations - Tenants Checklist.		*Lease Negotiations - Tenants Checklist.
		+	*Licence to alter.
	*Quantified demand.		*Quantified demand.
	*Rent-free period.		*Rent-free period.

Designing Buildings at 05:06, 9 July 2014

2014-07-09T05:06:57Z

← Older revision		Revision as of 05:06, 9 July 2014
Line 3:		Line 3:

	A leasehold is in contrast to:		A leasehold is in contrast to:
−	*A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'. <br/>	+	*A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'.<br/>
	*A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.		*A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.

−	Leaseholders are entitled to know the name and address of their freeholder. <br/>	+	Leaseholders are entitled to know the name and address of their freeholder.<br/>

	A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).		A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).
Line 50:		Line 50:

	[[Category:Property_law]]		[[Category:Property_law]]
−	~~[[Category:Contracts_/_payment_/_payment]]~~

Designing Buildings at 09:38, 15 May 2014

2014-05-15T09:38:36Z

Designing Buildings: Created page with " The term ‘leasehold’ in property law describes a lease from the freeholder of a property that enables the leaseholder to use the property for a specified period subject to c..."

2014-05-15T09:35:29Z

Created page with " The term ‘leasehold’ in property law describes a lease from the freeholder of a property that enables the leaseholder to use the property for a specified period subject to c..."

New page

The term ‘leasehold’ in property law describes a lease from the freeholder of a property that enables the leaseholder to use the property for a specified period subject to conditions set out in the lease in return for the payment of rent. At the end of the lease the premises revert to the freeholder. Leaseholders are sometimes also referred to as ‘tenants’.

A leasehold is in contrast to:
*A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'. Leaseholders are entitled to know the name and address of their freeholder.
*A ‘commonhold’ a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.

A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).

A leaseholder may be able to purchase a freehold by right if they have owned the lease to a house for at least two years, or if they own a flat, they may be able to buy it collectively with other leaseholders (collective enfranchisement).

The process is a complex one, and is described in detail by the Leasehold Advisory Service:
*[http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].
*[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].

Given the complexity, it may be wise to seek professional advice. This complexity can be seen in the cases of Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited

Notes:
*Leaseholders of flats and houses may also have the right to extend their lease, but this can be expensive.
*Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.
*Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlords and any lenders, which may be difficult to achieve.

= '''Find out more''' =

=== Related articles on Designing Buildings Wiki ===
*Betterment.
*Break clauses in leases.
*Commonhold.
*Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited. 2012.
*Dilapidations.
*Freehold.
*Lease Negotiations - Tenants Checklist.
*Quantified demand.
*Rent-free period.
*Rent in administration.
*Rent review.
*Reversion.
*Sample retail lease.
*Schedule of dilapidations.
*Scott schedule.
*Supersession.

=== External references ===
*Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].
*Leasehold Advisory Service, [http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].
*Leasehold Advisory Service,[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].
*Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].

[[Category:Property_law]]
[[Category:Contracts_/_payment_/_payment]]

← Older revision		Revision as of 09:38, 15 May 2014
Line 3:		Line 3:

	A leasehold is in contrast to:		A leasehold is in contrast to:
−	*A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'. ~~Leaseholders are entitled to know the name and address of their freeholder.~~	+	*A ‘freehold’ in which the freeholder owns the ‘title absolute’ of the property, that is, the land and any immovable structures attached to it, outright in perpetuity. Freeholders may also be referred to as 'landlords' or 'lessors'. <br/>
−	*A ‘commonhold’ a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.	+	*A ‘commonhold’, which is a form of property ownership for multi-occupancy properties that enables the collective ownership of the freehold of property as an alternative to long leaseholds.
		+
		+	Leaseholders are entitled to know the name and address of their freeholder. <br/>

	A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).		A leaseholder may be able to purchase the freehold of a property. This process is known as ‘leasehold enfranchisement’. This can be either by agreement with the freeholder, or for houses or flats, can be by right. This right is permitted under certain circumstances by the Leasehold Reform Housing and Urban Development Act 1993 (as amended by the Commonhold and Leasehold Reform Act 2002).
Line 10:		Line 12:
	A leaseholder may be able to purchase a freehold by right if they have owned the lease to a house for at least two years, or if they own a flat, they may be able to buy it collectively with other leaseholders (collective enfranchisement).		A leaseholder may be able to purchase a freehold by right if they have owned the lease to a house for at least two years, or if they own a flat, they may be able to buy it collectively with other leaseholders (collective enfranchisement).

−	The process is a complex one, and is described in detail by the Leasehold Advisory Service:	+	The process is a complex one, with a number of conditions and exceptions. It is described in detail by the Leasehold Advisory Service:
	*[http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].		*[http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].
	*[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].		*[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].

−	Given the complexity, it may be wise to seek professional advice. This complexity can be seen in the cases of Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited	+	Given the complexity, it may be wise for the parties to seek professional advice. This complexity can be seen in the cases of Day and Another v Hosebay Limited and Howard de Walden Estates Limited v Lexgorge Limited.

	Notes:		Notes:
	*Leaseholders of flats and houses may also have the right to extend their lease, but this can be expensive.		*Leaseholders of flats and houses may also have the right to extend their lease, but this can be expensive.
	*Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.		*Leaseholders of flats will also normally have the right of first refusal (RFR) if the freeholder decides to sell the freehold.
−	*Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, ~~landlords~~ and any lenders, which may be difficult to achieve.	+	*Leases can also be converted into a commonhold, but this requires the agreement of the leaseholders, landlord and any lenders, which may be difficult to achieve.

	= '''Find out more''' =		= '''Find out more''' =
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	*Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].		*Gov.uk, [https://www.gov.uk/leasehold-property Leashold property].
	*Leasehold Advisory Service, [http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].		*Leasehold Advisory Service, [http://www.lease-advice.org/publications/documents/document.asp?item=11 Collective Enfranchisement - Getting Started].
−	*Leasehold Advisory Service,[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].	+	*Leasehold Advisory Service,[http://www.lease-advice.org/publications/documents/document.asp?item=15 Houses, Qualification and valuation for enfranchisement].
	*Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].		*Shelter, [http://england.shelter.org.uk/get_advice/leaseholders_rights/buying_the_freehold_of_a_house Buying the freehold of a house].

	[[Category:Property_law]]		[[Category:Property_law]]
	[[Category:Contracts_/_payment_/_payment]]		[[Category:Contracts_/_payment_/_payment]]