You must be a qualifying tenant. You will be a qualifying tenant if you are the leaseholder of a flat in the building.
If you are a qualifying tenant you have the right to buy the freehold collectively with the
other qualifying tenants in the building if you meet the following criteria:-
- There are more than 2 flats in the building
- At least two-thirds of the flats in the building are held on long leases
- Not more than 25% of the internal floor area of the building is for non-residential use
- The number of tenants participating equals at least half the flats in the building
A block of flats contains 24 flats. At least 12 flats must be held on long leases.
At least 6 qualifying tenants must participate in the enfranchisement process.
There are a number of exceptions which may prevent you from exercising your right to buy your freehold. These exceptions are:-
You will not be a qualifying tenant if:-
- You own more than two flats in the same building
- You have a business lease
- You have a shared ownership lease where the total share owned is less than 100%
Your building will not be a qualifying building if:-
- it is a converted property of 4 or fewer flats and the freeholder has owned the building since before the conversion and the freeholder or adult member of his family lives in on of the flats or has done as their main home for the last 12 months
- it is a converted property of four or fewer flats and the freehold is held on trust, and the same person has had an interest under the trust since before the conversion of the property into flats and they or an adult member of their family has occupied one of the flats as their home for the last 12 months
- the freehold of the building includes operational railway track
- it is within the precinct boundary of a cathedral
- it is built on National Trust land
- it is owned by the Crown