Buying the Freehold

Most houses which are not divided into flats are freeholds. This means there is no landlord and that you own the property absolutely. Leasehold houses are much rarer than leasehold flats but they can be found in significant numbers in London and some other towns in the UK. Commonly whole areas will have been developed by a single estate owner who sold the houses off on leaseholds in order to retain a measure of control over the estate.

The Leasehold Reform Act 1967 gave leasehold tenants of houses the right to buy the freehold. The original legislation has been amended many times since to expand the ambit of the legislation. Unfortunately the rules (particularly in relation to valuation of the sum due to the landlord) differ in relation to different properties depending on whether they would have originally qualified or qualify only due to later amendments.

In some cases tenants also have an alternative right to extend the lease.

Do I/does my house qualify?

Is it a house? The house in question must be a building which can reasonably be described as a house, which is divided vertically from any adjoining building.

You must have a long lease i.e. on granted for more than 21 years or with a right to renewal. There are restrictions where the lease though greater than 21 years is less than 35 years. You must also have been the leaseholder for two years prior to making the application.

If you would like to discuss your case with us please call Ash Oberoi, Claire Allan or Leigh Shapiro on 020 7553 9000.