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Our client-focused service is designed to deal with your queries efficiently and professionally. We provide specialist advice and guidance on all leasehold enfranchisement matters.
Get in touch with our leasehold enfranchisement specialists. We will give you a free no obligation consultation, and once instructed will move quickly to ensure that you get the help you need.
What is a freehold purchase?
Buying a freehold, if you already own the leasehold, is where you purchase the land on which the property is based. If you own a house then subject to qualifying criteria you have the right to buy the freehold to the house. If you own a flat then you can only purchase the freehold if you act collectively with other flat owners.
However, even if you do purchase the freehold your lease will remain the same. We highly recommend appointing one of our specialist leasehold solicitors who can advise you on merging the leasehold and freehold interests.
Types of freehold purchase
There are two ways in which you can purchase the freehold to your house either through the statutory process or by the informal/voluntary route.
If you wish to purchase the freehold to the building within which your flat is located please see our collective enfranchisement page.
Statutory Freehold Purchase
To qualify to buy the freehold to your house the building must be considered a house which means it is divided vertically from any adjoining property. The lease under which you own the property must have originally been granted for more than 21 years and you must have owned the lease for at least two years prior to the application.
The process is started by the service of a notice on the landlord. The landlord can then serve a notice in reply and discussions can then start over the premium payable for the freehold. Once a notice is served a statutory contract is created which provides a timetable for completion of the purchase.
A statutory claim to purchase the freehold can be complicated and we recommend you speak to our Leasehold Enfranchisement team who can provide guidance on eligibility and the process.
Voluntary Freehold Purchase
This can also be referred to as an agreed freehold purchase and essentially refers to the situation where the freeholder has voluntarily offered the freehold to you and the terms of the purchase have been agreed. If this is the case then there is no requirement for the notices referred to above.
If your freeholder has contacted you offering the freehold we would suggest you contact our Leasehold Enfranchisement Team who can provide advice on the process. As the freehold has been agreed outside of the legislation you should ensure that the terms agreed will reflect what you want to be achieved by the purchase. Freeholders can still insert restrictive covenants in a freehold transfer so the terms should be agreed in advance if you do not want to be bound by covenants.
Advantages of purchasing a freehold
Buying the freehold of a property is beneficial for a number of reasons including that it may add value to your home. Potential buyers tend to prefer freeholds on property rather than leaseholds, so if you’re looking to sell up then you’re opening up the market to an even wider group. This is because a freehold house is much less of a risk than a leasehold.
Why choose Birchall Blackburn Law?
- We are an established firm with offices across the North West in Chester, Chorley,
Leyland, Manchester, Morecambe, Preston and Southport
- We offer an initial no obligation consultation with one of our experts so we can take into
account your individual circumstances
- We cut out the legal jargon and keep you up to date with the progression of your
- We have a specialist team of experienced and knowledgeable property Solicitors
- Our Leasehold Enfranchisement team have experience of dealing with all kinds of
leasehold enfranchisement matters acting for both freeholders and leaseholders. We
have experience of both statutory and informal freehold purchases