Is the block of flats a structurally detached building?
Is the block of flats vertically divided from its adjoining neighbour(s) (by a party wall, with no connecting openings) and capable of development independent of its neighbours AND are the block's services independent of other buildings, or reasonably capable of being independent?
Does the building include track of an operational railway?
“Track” means any land or property comprising the permanent way of a railway, including a tunnel or bridge?
Is 75% or more of the building’s internal floor area in residential occupation?
Are there at least two flats in the building held on long leases?
Do you hold leases on more than two flats in the building?
Are there at least five flats in the building?
Is the building a purpose-built block of flats?
Has the same person owned the building since before the conversion into flats?
Has the owner of the building, or an adult relative of the owner, occupied part of the building as their principal home for at least the last twelve months?
Is your property:
- provided by a charitable housing trust as part of its charitable purpose?
- within a cathedral precinct?
- or owned by the National Trust?
Is your property owned by the Crown?
Was the original term of your lease in excess of 21 years?
The unexpired term when you bought the lease, and present unexpired term, are not relevant.
Does your lease provide a right of perpetual renewal?
Is your lease terminable on death or marriage (or a civil partnership), or an unknown date?
Have you held over at the expiry of a long lease (21 years or more), and not been served notice by the landlord to terminate the tenancy?
Do you have a 100% share in a shared ownership lease?
You are a Qualifying Tenant.
Are at least two-thirds of the flats in the building let to Qualifying Tenants?
You need to round up any fractions – for instance, in a building with ten flats, at least seven must be Qualifying Tenants.
Is the number of Qualifying Tenants who are participating in enfranchisement at least half of the total number of flats in the building?
For instance, in a building with ten flats, at least seven leaseholders must be Qualifying Tenants, and at least five of those must participate.
Are there more than two flats in the building?
Are both leaseholders participating?
Sorry!
The building does not qualify.
If any part of the property also forms part of a railway, it will not qualify. If in doubt, seek advice from your solicitor.
Sorry!
You are not eligible to participate in collective enfranchisement. However, you may be eligible for a lease extension.
Sorry!
The building does not qualify for enfranchisement, because there is a “resident landlord”, but you may have a right to renew the lease.
Sorry!
These properties are excluded from the right to collective enfranchisement.
The Crown is not bound by the legislation, but has stated that the Crown Estate is prepared to comply with its principles (save in certain excepted areas). It is therefore possible to secure a new lease on a Crown property. In fact I have represented clients successfully in such cases.
Sorry!
Your lease does not qualify.
Sorry!
There are not enough Qualifying Tenants to proceed.
Sorry!
The law requires that the number of participating Qualifying Tenants must be equal to or more than half the total number of flats in the building.
Enough Qualifying Tenants are participating.
You are qualified to proceed.
Sorry!
Not enough Qualifying Tenants are participating. In a building with only two flats, both leaseholders must participate.
To be a Qualifying Leaseholder, you do not need to live in the building but you must have held the lease continuously for at least two years prior to serving the Initial Notice.
An Initial Notice can only be given by an RTE company, so this must be set up - and all Qualifying Tenants must be invited to join - before serving notice on the freeholder to begin the statutory enfranchisement procedure.
You are ready to proceed.