Leasehold enfranchisement: a UK history

The term enfranchisement does not only refer to the woman receiving the 'vote' in this country. Nowadays it has a different meaning in the world of property law. Enfranchisement historically actually refers to the process of slaves being set free and their ability to make their own decisions.

From there, enfranchisement became closely associated with feudal tenants; tenants who were at the mercy of the lord of the manor, who could more or less rule their lives. But the term enfranchisement then became associated with the right of people who are long term leaseholders to be able to buy their freehold (freehold purchase) or in other cases the rights of long term leaseholders to be able to extend their lease. Sometimes this area is also known as leasehold reform.

It may be heartening however, to realise that the issue of leasehold enfranchisement has interested politicians since the end of the 19th Century. At this point in history many of those in power started to become concerned that the conditions experienced by the working classes were quite intolerable. So they had Royal Commissions established to look into working class conditions and one that reported in 1885 indicated that one dramatic way that conditions could be eased was through offering householders the right to acquire the freehold for their leases. Thus the idea of freehold purchase was born.

Yet it is perhaps damning that it was not until the post war era that the legislation was provided to actually make freehold purchase a reality. Until that point the concept of collective or leasehold enfranchisement was praised as being something positive, but Governments did nothing to actually bring it about and make it a reality.

The very first piece of legislation that was tabled was the Leasehold Reform Act 1967, which was amended within the Landlord and Tenant Act of 1987. However, the 1993 Act, which was known as the Leasehold Reform Housing and Urban Development Act actually became the piece of legislation that actively transformed the rights of leaseholders so that for the very first time (for many) they could buy the freehold to their leases or extend their leases. That is why the 1993 Act is seen as such an important piece of legislation in terms of how it does actually promote more 'universal' enfranchisement and ensures that more people are able to take advantage of the opportunity to undertake freehold purchase.


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Thinking of leasehold enfranchisement? Bonallack and Bishop are specialist collective enfranchisement Solicitors. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years.