Enfranchisement

Enfranchisement

Enfranchisement, though intricate and multi-faceted, need not be a labyrinth for leaseholders. With expert guidance it can open doors and opportunities. At Forsters, our seasoned team of award-winning lawyers specialise in all aspects of enfranchisement, from lease extensions to complex collective enfranchisements.

Our approach is comprehensive. We guide clients through every step of the process, ensuring clarity and confidence – whether you’re a landlord or tenant, we have a team who can support you. Our involvement in pivotal cases, including Sportelli and Aggio, highlights our expertise. We have the ability to act on large cases, whilst also addressing discrete matters that demand specialised advice.

Our client roster includes prestigious Central London estates such as The Phillimore Estate, The Crown Estate, The Corporation of Trinity House, The Stanhope Estate, and The Mexborough Estate. We are equally committed to leaseholders of flats and houses, whether they be individuals, groups, companies, or investors.

Beyond legalities, we advise on how enfranchisement impacts investment and development opportunities, which is especially crucial for mixed-use properties. We strive to ensure our insights empower you to make informed decisions.

Forsters are dedicated to remaining at the forefront of change in this sector, which has seen the passing of the Leasehold and Freehold Reform Act 2024.

Key experience

Aggio

We acted for Mr Aggio, the representative of the head tenant of a building on the Howard de Walden Estate, in relation to two claims for statutory lease extensions of flats included within the head lease but not separately underlet. The landlord disputed the claims on the basis that the head tenant was not a qualifying tenant. On appeal to the House of Lords, it was successfully held that the tenant of a lease of property that includes a flat, can be the tenant of that flat for the purposes of a statutory lease extension claim, regardless of the nature or extent of the other property included in the demise. These are now commonly referred to as “Aggio” lease extensions.

Wyatts Almhouses

We acted for the landlord in a 1967 Act claim relating to 32 houses which relied on the Aggio decision. The matter involved consideration of development value and careful thought and negotiation on the terms of the transfer to achieve the best deal for the landlord.

Lawrence Wharf Freehold Limited

We acted for the tenants in a complex collective enfranchisement claim involving six blocks in an estate comprising 160 flats. This matter progressed to a hotly contested six day Tribunal hearing where capitalisation rates and development hope value were determined. The decision is a useful reminder of the importance in valuation of obtaining comparables and not relying on previous decisions.

Aldford House Freehold Limited

We acted for the tenants of a building in Park Lane, Aldford House, in relation to a complex collective enfranchisement claim. The right to make the claim was disputed by the freeholder and the head landlord on various grounds. The Court of Appeal determined the definition of a “Flat” under the 1993 Act in the tenants favour and the Supreme Court refused permission to appeal that decision. The matter is now proceeding to the Tribunal for determination of terms and premium and the dispute will involve complicated valuation issues, including potential development hope value and issues in relation to the extent of the head lease that is acquirable under the Act.

Sportelli

We acted for the tenants of a flat in Cadogan Square, Mr and Mrs Sportelli, which resulted in a landmark decision of the House of Lords – setting deferment rates for houses and flats in enfranchisement cases throughout the country.

Rent review arbitrations

We advised on valuation issues arising out of the 1967 Act and 1993 Act in long running multistage rent review arbitration in relation to an £8 billion property portfolio, which resulted in two separate 14 day hearings, each involving extensive cross-examination of expert witnesses.

Meet our team

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