Leasehold Enfranchisement. Do Business Tenants Of Houses Qualify?
What effect does a business tenancy have on the definition of a house in regard to claims for enfranchisement under the ’67 Act? Senior partner Damien Greenish led discussion on this subject at a workshop hosted by leasehold enfranchisement experts Pemberton Greenish.
Broadly, a qualifying tenant is a person who holds an original lease in excess of 21 years,which is the same basic qualification for 1993 Act claims. It is crucial that wording and content of Section 13 claims for enfranchisement under the ’93 Act are absolutely correct, otherwise the claim may be declared invalid by freeholders in their notices of counter claim. An engaging discussion followed at the workshop on the effects of the Landlord and Tenant Act 1987 and the requirement of the landlord/freeholder to advise and seek the approval of all long leaseholders in a building where alterations are proposed (e.g. loft extensions, ground floor extensions etc).