Lease Enfranchisement and the Leasehold Valuation Tribunal

During the process of getting your lease extended it is highly unlikely that you won't come up against a problem, even if it is a small one. This can happen irrelevant of how cautious you are. This article looks at some of the more common issues so that you can prepare yourself for them.

One of the biggest hurdles you may have to jump is where you encounter a landlord whom disputes your right to buy the freehold. This often occurs when the landlord either believes you do not have a proper claim, there has been some sort of coercion going on, or if they do not wish to sell the freehold at all. The freeholder can also refuse to sell you the freehold if they need the property for their family or if they are intending to demolish or remodel the property, in which case you may be eligible for compensation. If they will not sell due to any other reason, then you can get a court order to make them sell to you and any other tenants.

These cases can often end up in a Leasehold Valuation Tribunal which is a quasi-judicial body whom specifically deals with leasehold enfranchisement issues. This means that they have been given power by government legislation to make decisions that would otherwise be made by the courts. The sort of problems regarding lease enfranchisements which they have the authority to rule upon are:

- The amount that the freehold should sell the interest for.

- Who is liable for the costs associated with the purchase.

- Rule in disagreements over the selling or buying of a freehold.

In most cases the LVT are used where a decision has not been reached by the local or County Court, therefore there will often be a large amount of evidence available already and the LVT assessors will look at your original claim and what counter-notice your landlord provided you with. The person whom is the claimant before the County Court will become the applicant before the LVT.

Many of the case which appear before the LVT will have to have a hearing, in which, oral and written evidence will be presented. A decision will generally be made within 6 weeks of the hearing and the decision of the LVT is binding on all parties related to a particular lease enfranchisement case.


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Bonallack & Bishop are specialist lease enfranchisement solicitors. For advice on the right to enfranchise contact them today. Senior Partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. He sees himself as a businessman who owns a law firm.