Q&As

In a collective enfranchisement transaction, can the tenants who are not qualifying tenants take part in the enfranchisement providing there are enough qualifying tenants as well? Eg where there are 15 flats, four owned by the same person and two by another with nine owned individually. If eight qualifying tenants collectively enfranchise, can the owner of the four flats join in in addition to the eight qualifying tenants? Or is the owner of the four flats not able to participate at all?

read titleRead full title
Produced in partnership with Shabnam Ali-Khan of Russell-Cooke
Published on: 03 June 2020
imgtext

The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) introduced the right to collective enfranchisement. This is a right upon qualification to acquire the freehold and any intermediate interests in the building.

The premises

LRHUDA 1993, s 3 stipulates that the premises must be:

  1. •

    a self-contained building or part of a building

  2. •

    contain at least two qualifying tenants

  3. •

    at least two-thirds of the flats to be held by qualifying tenants

  4. •

    no more than 25% on the internal floor area excluding common parts to be in non-residential use (this could include a

Shabnam Ali-Khan
Shabnam Ali-Khan

Before private practice Shabnam spent 14 years working at LEASE. She was always an adviser on the telephone line and seeing clients face to face. As a manager she coordinated and participated in many events primarily for leaseholders around England and Wales. A hugely rewarding role, making a difference in educating people and spreading awareness about the leasehold system. LEASE was at the forefront of advising on the 2002 Commonhold and Leasehold Reform Act which was and still is the most important leasehold legislation for a number of years. Shabnam assisted in the development of a best practice guide in association with TPAS: the Tenants Participation Advisory Service. This involved working in focus groups with members of the public as well as meetings with other professionals in the leasehold sector to create the guide. Shabnam's time at LEASE included working alongside the Welsh Government to raise awareness of various leasehold issues. This was done in part in providing advice for inclusion in a report which was presented to the Welsh Government on leasehold issues. As a Senior Associate at Russell-Cooke Shabnam takes instructions from clients on various leasehold matters ranging from lease extensions, to freehold purchase to the right to manage. She has become increasingly involved in public speaking engagements at the firm's own seminars as well as assisting external bodies in training. Currently she is taking part in a round table discussing issues surrounding women in leadership in law. This will cover various hot topics such as unconscious bias and the gender pay gap.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents