Enfranchisement – gardens, garages and outbuildings -“appurtenant property”


Collective enfranchisement can be a difficult process, particularly if you’re unprepared. There are a lot of things to remember and to consider when making your initial offer in the Enfranchisement Notice and some of the things which are often forgotten are garages, gardens, outbuildings and other areas of surrounding property. Of course, a block of flats is not just the flats themselves – and these additional areas form part of the freehold must be accounted for when preparing a collective enfranchisement effort.

Additional areas – do you want to include them in your Enfranchisement Notice?

When exercising your right to enfranchise, you may also have the opportunity to buy garages, gardens or surrounding property. So when preparing an offer to buy the freehold on your block of flats, this is something you should consider.

These additional areas can include pathways and walkways, parking areas and forecourts and are often referred to as the ‘appurtenant property’.

If your offer includes wanting to buy this appurtenant property, you must clearly state this in your initial Enfranchisement Notice.
Click here to read more about the Enfranchisement Notice

Your garage – is it part of your lease?

When exercising your enfranchisement rights, you legally have the right to force your freeholder to sell you your garage if the lease of your flat include the garage. The two are deemed to be linked and tied, and should you wish to buy it as part of your enfranchisement then your freeholder must comply.

However if the garage and the flat aren’t linked but the lease for the two is held by the same person, the leaseholder is legally entitled to buy the freehold on the garage as well as the flat. It is worth noting that the leaseholder doesn’t need to purchase their flat or be a participant in the collective enfranchisement effort — the garage is considered enfranchisable separately and the leaseholder could buy it outside the scope of the collective enfranchisement effort if they so wish.

The need for specialist professional help

Professional help is vital at this stage, as you will require a solicitor [or possibly a paid project manager if your block is a large one and none of the leaseholders have sufficient time] to conduct a search of all leasehold titles on the property, including leasehold ownership details for all garages and outbuildings from HM Land Registry.

This is not something which can easily be done by individual leaseholders, nor should leasehold ownership be assumed without first having the official ownership documents obtained from HM Land Registry. The leasehold titles can be downloaded from the Land Registry’s website or an OC1 Form can be sent to them which will enable you to obtain the titles by return of post.

Getting your Enfranchisement Notice right

When preparing your Enfranchisement Notice, you should therefore make sure that, if appropriate, details of two areas of land are included: the first covering the block of flats itself and the second covering the appurtenant property — the garages, outbuildings, paths and parking areas you wish to buy as part of the collective enfranchisement.

If these additional areas of property are not included in the original Enfranchisement Notice, it will be deemed that your sole offer is for the block of flats itself – and that you do NOT wish to purchase the appurtenant property. If this is, indeed, your actual aim then you should explicitly state this in your Enfranchisement Notice.

Having all of the facts laid down in the Notice is vital to ensuring there are no misunderstandings or legal hiccups as the enfranchisement process continues.

Having specialist legal advice from an experienced collective enfranchisement solicitor will help you to avoid any problems throughout the process. A solicitor who specialises in enfranchisement and lease extension work will often save you money in the long run as well as the peace of mind for you and your fellow leaseholders – that the collective enfranchisement effort is being dealt with by the safest possible pair of hands, keeping confidence high and potential disagreements at a minimum.

Contact Our Leasehold Enfranchisement Solicitors

Exercising your Right to Enfranchise involves a really difficult of law  – so it’s critical that you get the right expert advice. Wherever your block is situated in England Wales, our specialist team can help. For a FREE initial phone consultation from an specialist in Enfranchisement

  • Call us today on FREEPHONE 0800 1404544 or
  • email us using our contact form for FREE initial advice and a FREE quote.

    Retirement after 32 years for our leasehold extension expert

    Lease extension specialist retires

    2014 has seen the beginning of a new era for us – one without Mary Hunt, the longest serving member of our specialist leasehold enfranchisement and lease extension team.

    Mary originally joined Salisbury law firm, Pye-Smiths back in January 1981, and has remained with the firm ever since, transferring across to us here at Bonallack and Bishop when the two firms merged in 2005.

    Mary has now finally retired, after just under 32 years unbroken service.

    Tim Bishop, Bonallack and Bishop’s senior partner, commented “Mary has been such an essential member of our team for so many years, that it will be really strange being without her. Over the years she’s built up an incredible knowledge of lease extension of our clients and it’s not going to be easy to replace Mary. She’s been an incredibly loyal servant of the firm with an exceptional level of cover and to us and our major freehold property client. On a personal note, I will really miss Mary, and I know our practice director will miss her rock cakes! However, knowing Mary, I’m sure she will keep really busy, in retirement, with plenty more time to spend fishing”.

    However, Tim continued,” since we are looking to double our lease extension work in the next couple of years, you never know, we may be all to tempt Mary back part-time at some stage – though I have to admit my attempt to sign her up to a further 32 year fixed contract was sadly unsuccessful!”

    Lease extension– contact our specialists now

    If you are considering collective enfranchisement of your block, or extending your lease, we have or the expertise you need. So, for FREE specialist initial phone advice:

    • Call 0800 1404544 for FREE initial advice, or

    • Send us an email via the contact form below

      Sheffield Leasehold Enfranchisement

      Leasehold enfranchisement, also known as ‘freehold purchase’ or ‘collective enfranchisement’ allows leaseholders to buy the freehold of their leasehold flat or apartment. If you live in Sheffield and you are interested in the enfranchisement process, our expert lease extension and lease enfranchisement solicitors can help you, leaving you with more control over your property.


      Here are 3 reasons why you will need a specialist solicitor when you’re looking to enfranchise your block:

      • Lease enfranchisement is a tricky area of law which normal property solicitors are unlikely to have experience or an adequate understanding of. The tight deadlines and complex legislation involved make the process particularly complicated. In fact, the vast majority of property solicitors rarely if ever, conduct lease extensions, let alone enfranchisement cases

      • It is almost certain that your freeholder will have instructed a specialist solicitor – so it is really important that you receive legal advice of equally high quality

      • A specialist solicitor will fully understand the whole process – and in particular be able to communicate effectively with your surveyor and project manager to make the process as swift and successful as possible.


      If you choose the team here at Bonallack & Bishop to help you enfranchise your block, you can be sure that you are instructing genuine specialists in their field. As one of the largest teams in the country, our four-strong group of lawyers are dedicated to lease extension, right to manage and enfranchisement work only – that is simply all they do.

      Over the 25 years, thousands of leaseholders and freeholders have benefitted from our team’s experience. And we are also members of the Association of Leasehold Enfranchisement Practitioners, the only organisation of specialist enfranchisement solicitors and surveyors nationwide


      When it comes to enfranchise in your block, it is not really necessary for solicitor and client to hold meetings face-to-face. Whilst you are more than welcome to visit us in one of our four offices, it is generally easier to communicate using Skype or the open, email or telephone.

      Send us an email via the enquiry form below, or dial 0800 1404544 and you will receive a FREE quote for the enfranchisement process and FREE initial advice.

        Leeds Leasehold Enfranchisement

        Do live in Leeds? Do you own a leasehold flat or apartment? If so, there is a good chance that you will be eligible to buy the freehold of your block through a process referred to as ‘leasehold’ or ‘collective enfranchisement’. You will need specialist lease enfranchisement lawyers to help you with the process – and here at Bonallack & Bishop, our dedicated team of enfranchisement and lease extension experts have all the expertise you need.


        When dealing with enfranchisement or lease extension, its really important that both the lawyer and surveyor you choose is a specialist. Why? Because lease enfranchisement is a complicated area of the law involving difficult legal terminology and tight deadlines. Most property solicitors have little if any experience of enfranchisement, which is why you need to find genuine specialists and why there are so few of them. What’s more, your freeholder will almost certainly have instructed a specialist themselves, so don’t start off at a disadvantage.

        Your solicitor will also need to be able to work effectively with your surveyor and project manager to ensure that the enfranchisement process runs smoothly. Our team work with surveyors will it comes to enfranchisement and lease extension every day – so we are perfectly placed to help with your enfranchisement.


        Finding specialist leasehold enfranchisement solicitors is easier said than done.

        However we have a dedicated team of four enfranchisement and lease extension lawyers who spend all their time helping leaseholders extend their lease or buying the freehold of their block.

        We are also members of the Association of Leasehold Enfranchisement Practitioners (ALEP) – a body formed only of specialist enfranchisement lawyers and surveyors.


        Despite being based in the South West, our clients come from blocks throughout England and Wales – it is not necessary to see us in person. So if you live in Leeds, there’s no problem –  we can keep in touch with you via telephone, email and Skype video as we do for any of our clients when helping them buy the freehold of their block wherever they may be nationwide.

        For FREE initial advice and a FREE quote

        • Call us today on FREEPHONE 0800 1404544 for FREE initial advice

        • Or email us using the contact form below – or we can arrange to ring you back when it suits you

          Extending the lease on my house or buying the freehold – FAQ

          My leasehold house – lease extension or  freehold purchase? Which is best?

          You can extend the lease on a house – however you are likely to be better off buying the freehold. This is generally referred to as leasehold, collective or freehold enfranchisement’.

          Looking for Specialist Lease Extension or Freehold Purchase Advice? Call us on FREEPHONE 0800 1404544 for FREE Initial Phone Advice.

          When it comes to extending the lease on a house, a different process applies to lease extension for flats and apartments. House leaseholders can generally extend their lease for up to 50 years after having owned the flat for 2 years, whereas flat owners can extend by 90 years. Extending a lease also means that you have to follow a strict procedure with your freeholder and will need to pay expensive legal fees (unless you are able to informally agree to lease extension with the freeholder).

          The flat lease extension rules and procedures will apply if your lease only covers part of a converted house.

          When can I buy the freehold?

          Once you have owned the house for 2 years you will be able to purchase the freehold. You cannot do so before this 2 year period has elapsed.

          Where can I find out who owns the freehold?

          If you are struggling to find your freeholder, you should get in touch with the Land Registry which will be able to find the registered freeholder in their records.

          Why buy the freehold of my house?

          Buying your freehold is often a better option than extending your lease because of the control it gives you. If you own the freehold you will not need to pay ground rent or service charges and will be able to carry our repairs as and when you wish. Furthermore, it is likely to add value to your home and will make it more attractive to prospective buyers. You may find however that you are not entitled to buy the freehold or perhaps cannot afford to do so.

          How do I buy the freehold?

          Provided that you qualify, you are legally entitled to buy the freehold. You must follow the process and adhere to the deadlines set out in the Leasehold Reform Act 1967. Taking this route allows the First-Tier Property Tribunal (previously known as the Leasehold Valuation Tribunal or LVT) set the terms for the purchase and the price. It may also be possible to informally negotiate with the freeholder to complete the sale. Taking this informal route means that the Tribunal will not give their input and you technically will not have a right to buy the freehold, leaving it to the freeholders discretion. A county court may be able to step in to enforce it though.

          Is buying the freehold expensive?

          Whereas flat owners need to pay the freeholder a fee in order to extend the lease, house owners do not need to do so. However, you will have to cover the legal fees of both you and your freeholder. This can be expensive but is generally less expensive than buying the freehold.
          Click here to read more about Buying the Freehold of Your House

          Can I extend the lease on my house?

          It is likely that you will be able to extend the lease on your house provided that you have owned the house for 2 years. You need not have lived in the house for this time however you may not be able to extend the lease if:

          • You have previously extended the lease

          • You already hold a lease for a business

          • The freeholder it a trust for charitable accommodation

          • The original lease was awarded for under 21 years or you have sublet the property on a lease under this time

          • The original lease has ended

          Although you may not be able to extend your lease, you will generally be able to buy the freehold.

          What happens if my lease ends?

          You cease to own your home once your lease so whilst you may be able to negotiate a lease extension with the freeholder, there will be no certainty. If the lease extension is refused by the freeholder, you will become an assured tenant and your tenant will be the landlord to whom you pay rent. As an assured tenant you will have numerous rights but they will not be as extensive as a leaseholder’s rights. It is therefore crucial that you urgently seek legal advice if your lease is running out.

          Will a short lease make it more difficult to sell my house?

          Selling a leasehold house is likely to be difficult if you have less than 70 years to run on your lease. Generally speaking, the longer the lease, the more attractive the house is; it is therefore advisable to extend your lease. If you buy a house with a short lease it becomes harder to secure a mortgage and you will have to see out the 2 year people before you can extend the lease. For those considering lease extension, don’t forget to apply for the extension before your current lease runs out. If you leave it too late, you may lose your right to extend the lease completely.

          What will happen to ground rent after the lease is extended?

          In all likelihood, your ground rent will go up once you’ve extended the lease but it can only go up once the term left on your current lease has run out. Changes to the ground rent will take into account the value of the property at the time of the extension. This can go up again after 25 years. If you are locked in a dispute over the ground rent with the freeholder, a Property Tribunal may be needed to set the rent figure.

          Interested in extending the lease on your house or  buying the freehold? Call our specialists today

          Are you a house owner? If you are looking for advice on lease extension or lease enfranchisement, our leasehold reform specialists can provide you with the specialist legal advice you need.

          • Call our team now on 0800 1404544, or
          • Send us an email via the contact form below.

            Liverpool Leasehold Enfranchisement

            Given that the population of Liverpool has grown by around 5.5% over the last 10 years, to almost half a million people, and given that nationwide there are an estimated 1,500,000 leasehold flats, it is hardly surprising to find that so many leaseholders in Liverpool hoping to gain greater control and ownership of their property through buying the freehold of their block using the leasehold enfranchisement process.

            Genuinely specialist enfranchisement solicitors are very hard to find but here at Bonallack & Bishop we have a team of three experts who do nothing but enfranchisement, lease extension and right to manage company formation cases throughout England and Wales – and who can help you buy the freehold of your block.


            Here’s why you will need to instruct a specialist solicitor to help with your lease enfranchisement:

            • The relevant legislation is complicated and difficult to understand. There are also a number of critical deadlines which must not be missed – sadly, in our experience, so a generalist solicitor or a property solicitor without much, if any, freehold purchase experience is simply not up to the job

            • It’s highly likely that your freeholder knows the importance of having a specialist enfranchisement solicitor and will therefore instruct one of their own. You therefore need to do the same to be on a level playing field.

            • To go through a successful enfranchisement cost effectively and with minimal complication, your solicitor will need to cooperate with the surveyor and project manager. Our team liaise daily with specialist surveyors and valuers – and collective enfranchisement project managers


            Over the last 25 years, we have helped thousands of leaseholders throughout England and Wales to benefit from lease extension and freehold purchase we also have a similar level of experience in acting for freeholders – so we fully understand the whole process from the position from both sides.

            What’s more, we are long-standing members of the only specialist body for leasehold surveyors and solicitors – the Association of Leasehold Enfranchisement Practitioners – ALEP.


            Our service is so specialist that we regularly represent clients throughout England and Wales – with the vast majority of our collective enfranchisement cases being run by phone, email or even over Skype video. In fact, is very rare that we meet our clients – and it’s never been a problem

            So, whether you live in Liverpool or anywhere else nationwide, for FREE expert initial advice and a FREE freehold enfranchisement quote

            • Call us now on FREEPHONE 0800 1404544 or

            • Email us using the contact form below – or we can arrange to ring you back when it suits you

              Manchester Leasehold Enfranchisement

              There are thought to be around 1 ½ million leasehold flats in England and Wales and many of these are in Manchester. If you live in Manchester and you own a leasehold flat you may be interested in the leasehold enfranchisement process (also referred to as ‘freehold purchase’ or ‘collective enfranchisement’). This right to enfranchise enables you to get together with some of your fellow flat owners to jointly buy the freehold of your block and to gain greater control over your property.


              Having an expert enfranchisement solicitor on board is crucial because this area of law is full of complications. Tricky deadlines and near-incomprehensible legislation make lease enfranchisement and lease extension difficult areas of law and few property solicitors have any enfranchisement. However, specialists like those here at Bonallack & Bishop have plenty of enfranchisement experience – in fact, enfranchisement and lease extension work is the only area of law that our three strong cover – so you can rest assured that they have all the experience needed to help you buy your freehold.

              It’s also worth bearing in mind the importance of ensuring that you and your freeholder are on a level playing field. Given that whoever owns the freehold of your block is almost guaranteed to instruct a specialist enfranchisement solicitor, it is important that you get advice from a similarly experienced solicitor. A specialist in franchising solicitor will understand exactly how to work effectively with your project manager and surveyor to help make sure your enfranchisement goes through at the right price with minimal delay.


              • High values are involved in the enfranchisement process so it is crucial to instruct an expert solicitor. Our specialists have over 20 years of experience assisting thousands of freeholders and leaseholders with enfranchisement and extending a lease.

              • At Bonallack & Bishop, we are genuine specialists – our team of 3 lawyers are dedicated to lease extension and enfranchisement work only.

              • We are members of the Association of Leasehold Enfranchisement Practitioners – the only nationwide organisation of enfranchisement specialists

              • Don’t worry that our team is based in Wiltshire -we deal with almost all lease extension and enfranchisement work remotely – taking instructions from clients all over England and Wales by phone and email – and we can also arrange Skype video meetings if you prefer


              • Call us today on 0800 1404544 or email us using our contact form for FREE initial advice and a FREE quote.
              • Or email us using the contact form below – or we can arrange to ring you back when it suits you

                Bournemouth Leasehold Enfranchisement Solicitors

                According to up-to-date records from the National Statistics Office, there are approximately around 1.5million long leasehold flats in England and Wales. Bournemouth and the surrounding area has more than its fair share of these flats and apartments – and many of which are going to be eligible for leasehold enfranchisement [also known as collective or freehold enfranchisement, and freehold purchase].


                In short, the answer is yes. Why?

                o leasehold enfranchisement involves a particularly tricky area of law – in particular, for example, it’s easy to miss critical deadlines, and the law surrounding the exercise of your right to enfranchisement is notoriously difficult to interpret

                o most property solicitors come across enfranchisement and lease extension very rarely – and our experience, the vast majority of non-specialist solicitors really struggle to cope with the intricacies of the enfranchisement process

                o your freeholder is almost certain to will appoint their own specialist enfranchisement solicitor

                o an experienced enfranchisement solicitor can play a crucial role in your enfranchisement team – drafting the legal compensation, cooperating with your surveyor , and you, or your project manager, to control the information flow and to make sure that the whole enfranchisement process goes through successfully


                o There are very few solicitors who specialise in leasehold enfranchisement. The vast majority of property solicitors will not have ever dealt with leasehold enfranchisement – and you wouldn’t want to entrust your freehold purchase to a solicitor using your enfranchisement as a learning experience!

                o Here at Bonallack & Bishop, our enfranchisement and lease extension team is based in Salisbury, although we also have offices in Andover, Amesbury and Fordingbridge. Our team includes 4 dedicated leasehold enfranchisement and lease extension specialists – that’s all they do – and we have experience of helping thousands of leaseholders to with successful lease extension and enfranchisements over many years.

                o Our team are also members of the Association of Leasehold Enfranchisement Practitioners [ALEP] – which is the only national group of specialist enfranchisement solicitors and surveyors.


                We are happy to meet you face-to-face, but equally, our team runs most of our enfranchisement work without a face-to-face meeting – taking instructions by e-mail, phone and Skype video.

                Email us using the contact form below and we can give you a FREE no obligation quote for your enfranchisement and answer your initial queries – or we can arrange to ring you back at a time convenient to you, if you prefer.

                  Applying for Lease Extensions with an absentee freeholder

                  Lease extensions where you can’t track down your freeholder are more complicated. Why?

                  Many mortgage lenders simply refuse to lend money is on any leasehold properties with an absentee freeholder – which can obviously seriously affect the chances of a leaseholder in obtaining a mortgage or even marketing the property. This problem is made worse if the remaining lease term itself is relatively short.

                  It is likely to prove expensive, complex and lengthy to serve a statutory notice enforcing a lease extension if there is no freeholder or their whereabouts is unknown. In the Leasehold Reform (Housing & Urban Development) Act 1993, provision was made for dealing with the problem of freeholder absenteeism by applying for what is known as a Vesting Order through the County Court, which also has the power to grant a dispensation from the requirement to serve notice entirely.

                  What is a vesting order?

                  Any leaseholder seeking to extend their lease or group of leaseholders seeking to purchase the freehold of their block or claim the right to manage it, must produce evidence demonstrating reasonable efforts have been made to trace the absent freeholder before a Vesting Order can be granted. Admissible evidence to bruises includes providing freehold Office Copies (i.e. Proof of the freeholder’s ownership) showing the last known address of the freeholder, proving they no longer own that property and have moved to an unknown address, or providing statements confirming that a visit to the freeholder’s last known address has not provided the leaseholders with a forwarding address.

                  The County Court will either set a date for the Vesting Order hearing or, alternatively, rule on the basis of the presented facts if the judge is satisfied that reasonable efforts to trace the freeholder have been made. When your case has been proved, the Court will issue a Judgment setting out that the freehold may be acquired by the leaseholder(s) with funds to be ‘vested’ in the Court and defer the case to the First Tier Property Tribunal [which replaced the old Leasehold Valuation Tribunal or LVT in July 2013] for a ‘reasonable’ premium, in case the freeholder resurfaces in the future.

                  Vesting orders – is a hearing always necessary?

                  The First Tier Property Tribunal also hears many absentee freeholder cases without a full hearing by issuing directions for the leaseholders to comply with and timescales for documents to be produced by, such as the County Court Judgment, copy leases, the valuation for the leaseholders and the proposed TP1 land transfer form.

                  Whilst the leaseholder may, following grant of a Vesting Order, benefit from acquiring the freehold at a relatively low premium and then grant themselves a lease extension for a nominal premium, the procedure, legal costs and sheer aggravation involved could still be significant. Instruct our team of lease extension, right to manage and enfranchisement experts today who will be able to guide you through this complex process and help eliminate the worry from what can be a stressful situation.

                  Problems with an Absentee Freeholder? Looking for a specialist Lease Extension Law Firm?

                  Wherever you live nationwide, if you’re thinking of applying for a lease extension or a collective enfranchisement, call us today – our team are specialists in this really complex field and are happy to provide you with free initial legal advice on the phone.

                  So for advice from a specialist lease extensions law firm;

                  • Phone our team on FREEPHONE [0800] 1404544 for FREE NO SRINGS ATTACHED initial phone advice OR
                  • Email us using the contact form below

                    Leasehold Enfranchisement vs. Lease Extension – The Right Option For You?

                    The Leasehold Reform, Housing and Urban Development Act 1993 gave leasehold owners of flats two important new rights. The first allows a majority of tenants to join together to buy the freehold, exercising the right to collective enfranchisement. The second allows an individual tenant the right to a new lease, for a term 90 years longer than the existing one at a peppercorn rent. In order to decide which route to follow a tenant will first have to assess whether they qualify for a collective claim and, if a collective claim is a possibility, will then need to decide whether the advantages of purchasing your freehold outweigh the benefits of a 90 year leasehold extension.

                    Tenants who are faced with the question of whether to enfranchise or seek a lease extension need to consider what their main objectives are. If they are suffering from bad management, unsubstantiated service charges and their leases are significantly longer than the statutory limit of 80 years then a collective Leasehold Enfranchisement claim will be of most benefit provided that they have an organised residents association.

                    On the other hand, if the leases are short or are about to reach the 80 year limit and they reside in a well managed block with numerous non-resident tenants a lease extension may be the better solution. In addition, with a collective claim, time can be an issue. If there are a significant number of tenants, it can take weeks or even months for them all to agree and sign up to the necessary documentation and to pay towards a fighting fund. In contrast, a single lease extension claim can sometimes be signed within a few days of a valuation being obtained –  if your freeholder is cooperative.

                    It is also important to remember that the options are not mutually exclusive. It is possible for a tenant to extend a lease one year and then enter into a collective claim a few years later. The tenant’s extended lease will only serve to reduce the premium payable for the freehold. Finally, tenants should also be aware that if the cost of the freehold is a problem it is possible to opt for forming a Right to Manage Company as a low cost solution to gaining control over the way that a building is run

                    Looking for Leasehold Enfranchisement Lawyers? Contact us today

                    Wherever you live in the UK, for a FREE initial telephone consultation on your Freehold Enfranchisement or extending a lease,either

                    • Call us now on 0800 1404544, or
                    • Send us an email using the enquiry form below.