Leasehold Enfranchisement

Legal expertise for
leasehold enfranchisement

Owning a leasehold property can present unique challenges and opportunities. Whether you are looking to extend your lease, purchase your freehold, take control of the management of your building, or exercise your rights when a freeholder decides to sell, the specialist property team at Bennett Oakley Solicitors can provide clear, practical legal advice to help you protect your investment.

We act for individual leaseholders, groups of leaseholders, landlords, and property owners across England and Wales, guiding clients through every stage of the leasehold enfranchisement process.

Lease Extensions

As the length of a lease reduces, the value of the property can be affected and mortgage options may become more limited. Extending your lease can help protect the value of your home and make it more attractive to future buyers.

Many leaseholders have a statutory right to extend their lease by 90 years and reduce their ground rent to a peppercorn rent, provided certain qualifying criteria are met.

Our solicitors can assist with:
• Advising on your eligibility to extend your lease
• Serving and responding to statutory notices
• Negotiating lease extension terms
• Reviewing and drafting a Deed of Variation for your lease extension
• Resolving disputes where agreement cannot be reached

We work closely with valuers and surveyors to ensure you achieve the best possible outcome while navigating the process efficiently.

Buying Your Freehold

Collective enfranchisement allows qualifying leaseholders in a building to join together and purchase the freehold from their landlord.
Owning the freehold gives leaseholders greater control over the management of their building, future lease extensions, and service charge arrangements. It can also enhance the long-term value of individual flats.

Our team can advise on:
• Whether you qualify for collective enfranchisement
• The legal process for acquiring the freehold
• Serving statutory notices
• Negotiating with landlords and their representatives
• Completing the purchase and registration of the freehold

We provide practical support throughout the transaction, helping leaseholders work together to achieve a successful outcome.

Right to Manage Claims

Leaseholders do not always need to buy the freehold to take control of how their building is managed.
The Right to Manage (RTM) gives qualifying leaseholders the legal right to assume responsibility for the management of their building without having to prove fault on the part of the landlord.

This can allow leaseholders to take greater control over:
• Service charges
• Maintenance and repairs
• Insurance arrangements
• Managing agents
• Day-to-day building management

Our solicitors can guide you through the RTM process, from establishing eligibility and setting up the RTM company to serving notices and dealing with any challenges raised by the landlord.

Rights of First Refusal

In certain circumstances, a landlord wishing to sell the freehold of a building must first offer it to qualifying leaseholders before selling it to a third party.
These Rights of First Refusal provide leaseholders with an important opportunity to purchase the freehold and gain greater control over their property.

Our team can advise on:
• Whether the legislation applies to your building
• The validity of notices served by the landlord
• Timescales and procedures for accepting an offer
• Negotiating purchase terms
• Enforcing leaseholders’ rights where the freehold has been sold without complying with legal requirements

Early legal advice is essential, as strict deadlines often apply.

Why Choose Bennett Oakley?

At Bennett Oakley Solicitors, we combine specialist property law expertise with a practical, client-focused approach. We understand that leasehold enfranchisement matters can be complex and often involve multiple parties, tight deadlines, and significant financial considerations.
Our experienced team will provide clear advice tailored to your circumstances, helping you understand your rights and achieve the best possible outcome.

Speak to Our Property Specialists

If you are considering extending your lease, buying your freehold, exercising your Right to Manage, or need advice on Rights of First Refusal, contact Bennett Oakley Solicitors today for expert guidance.

 

Speak with a Bennett Oakley expert today

Looking for legal support? Get in touch with our solicitors, and we’ll connect you with the right expertise to meet your specific needs through our trusted legal team and professional partners.

FAQ Topics

What is leasehold enfranchisement?

Leasehold enfranchisement is the legal process that allows qualifying leaseholders to acquire additional rights over their property. This may include extending a lease, purchasing the freehold of a building collectively with other leaseholders, exercising the Right to Manage, or benefiting from Rights of First Refusal when a freeholder wishes to sell.

What is collective enfranchisement?

Collective enfranchisement allows qualifying leaseholders in a building to join together and purchase the freehold from the landlord. Owning the freehold can provide greater control over building management, lease extensions, and service charge arrangements.

How many leaseholders are needed to buy the freehold?

The number of leaseholders required depends on the size and structure of the building, as well as the eligibility criteria set out in legislation. We can advise whether your building qualifies and help coordinate the process.

What is the Right to Manage (RTM)?

The Right to Manage is a legal right that allows qualifying leaseholders to take over the management of their building without having to purchase the freehold or prove fault by the landlord. This can give leaseholders greater control over maintenance, service charges, insurance, and building management.

Do I need to buy the freehold to manage my building?

No. The Right to Manage provides an alternative route for leaseholders who want greater control over how their building is managed without purchasing the freehold.

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