What can I do if I’m served an enfranchisement notice?

In most cases you will not be able to prevent your tenants from purchasing the freehold unless they are not eligible to do so. Once you are served with a notice of enfranchisement, you will have two-months to issue your counter notice. Learn more here.

How do I buy my freehold?

If a leaseholder or group of leaseholders wish to purchase their freehold, they could approach the landlord informally. However, if they are unsuccessful they are able to serve their landlord with an enfranchisement notice. Leaseholders can only collectively enfranchise if they qualify to do so. Learn more about enfranchisement here.

Do my tenants qualify for collective enfranchisement?

Tenants qualify for Collective Enfranchisment if at least two-thirds of the flats are owned by qualifying tenants and their leases were granted with an original term of more than 21 years. If tenants own more than two flats in the building, they will not be eligible. Find out more.

What is collective enfranchisement?

Collective Enfranchisement is the right outlined in the Leasehold Reform Housing & Urban Development Act 1993 for leaseholders of a building containing flats to collectively purchase the freehold. Learn more here.

What is the difference between enfranchisement and collective enfranchisement?

Enfranchisement refers to the purchase of the freehold of leasehold houses, whereas collective enfranchisement refers to the purchase of the freehold of a building containing multiple flats/apartments.

How much does it cost to prepare and serve Section 3 Notices?

If you use our free Section 3 Notice template you will only have to pay for posting the notices to your tenants. However, if you employ the services of professional such as a solicitor, your costs will inevitably be higher.

Where can I get a free Section 3 Notice template?

You can download a free Section 3 Notice template here.

Do I need a solicitor to prepare and serve Section 3 Notices to my leaseholders?

No you do not need a solicitor as you can easily prepare and serve Section 3 Notices yourself, using our professional Section 3 Notice template, which you can which you can download from our website here.

What happens if I don’t serve Section 3 Notices?

It is considered a summary offence if you fail to serve tenants with a Section 3 Notice in the prescribed format. This can lead to a criminal conviction and a fine. You may also have to undo the sales transaction. Learn more about Section 3 Notices here.

How long do I have to inform tenants that I’m their new landlord?

You must serve tenants a Section 3 Notice to inform them that you are their new landlord within two months of purchasing the freehold or before the next rent due date.

What is a Section 3 Notice?

A Section 3 Notice informs leaseholders of a change of landlord/freehold owner and provides the new landlords details. The new landlord is obliged to notify the tenants of their details within two months or no later than the next rent due date.

Do I have to pay for major works to my freehold property?

The leases usually dictate that it is the leaseholder’s responsbility to pay for major works to the building. Learn more about organising repairs and major works here.