Freehold Purchase Solicitors

If you own a leasehold property, the number of years remaining on your lease will fall as time goes by. Once the term remaining drops below around 80 years, it is likely to impact the value of your property. It can also make it harder to sell and harder to mortgage.

If you work with the other leaseholders in your block to purchase the freehold, you can all extend your leases without the need to pay a premium. You can also eliminate ground rent and take control of other freeholder responsibilities, such as arranging buildings insurance and dealing with maintenance.

Whether you own a flat and want to act collectively with your neighbours, or you own a leasehold house and want to exercise your individual right to purchase, our residential property solicitors can guide you through every stage with clarity and care. Rest assured that we understand both the legal technicalities and the practical pressures involved, and we’ll work with you to achieve a practical, proportionate outcome.

Our freehold purchase solicitors can assist with:

• Collective enfranchisement for flat owners
• Individual freehold purchase for leasehold house owners
• Statutory freehold purchase under legislation
• Informal freehold purchase by negotiation
• Eligibility advice and freehold purchase process guidance

What is a freehold purchase?

In England and Wales, property ownership falls into two main categories: freehold and leasehold. Freehold means you own both the building and the land it stands on, indefinitely. Leasehold means you own the right to occupy for a fixed number of years, while the freeholder retains ultimate ownership of the land and structure.

A freehold purchase is the legal process by which a leaseholder, or group of leaseholders, acquires that freehold title from the current freeholder. Once complete, you gain full ownership, and you can end the requirement to pay ground rent.

Why buy your freehold?

There are strong practical reasons to consider buying the freehold:

• Eliminate ground rent: Payments to the freeholder can be ended once you own the freehold
• Protect property value: A short lease (particularly below 80 years) can make a property difficult to sell or mortgage; freehold ownership allows you to extend the leases in a block without having to pay a premium to the freeholder
• Gain control of the building: Decisions about maintenance, insurance, and management move to you

Collective enfranchisement for flat owners

If you own a flat, you can’t buy the freehold alone. Instead, qualifying leaseholders can act together to purchase it collectively under the Leasehold Reform, Housing and Urban Development Act 1993. This is known as collective enfranchisement (also called lease enfranchisement), and it’s a statutory right the freeholder cannot override if you qualify.

At least 50% of qualifying flat owners in the building must participate. Once the freehold is acquired, leaseholders typically hold it through a company they set up together, giving each participant a share of the freehold. Our solicitors advise on eligibility, serve the formal Initial Notice, negotiate the price, and manage the transfer through to completion.

Buying the freehold of a leasehold house

If you own a leasehold house, you may have an individual statutory right to purchase the freehold under the Leasehold Reform Act 1967.

To qualify, you generally need a long lease (originally granted for more than 21 years) and to have owned the house for at least two years. We’ll confirm whether you meet the criteria, advise on the likely cost, and manage the formal process from start to finish.

Statutory vs informal freehold purchase

There are two routes to buying the freehold: statutory and informal.

The statutory route uses formal legal notices set out in legislation. If you qualify, the freeholder cannot refuse to sell. The price is calculated using an established valuation method, and if parties can’t agree, either side can apply to the First-tier Tribunal (Property Chamber) to have it determined.

The informal route involves negotiating directly with the freeholder without serving formal notices. This can be quicker and less confrontational, but the freeholder is under no legal obligation to agree. It can work well where the freeholder is cooperative or where the statutory qualifying conditions aren’t met. We’ll advise on which route suits your circumstances and represent your interests throughout.

The freehold purchase process step by step

The process broadly follows these stages:

1. Check eligibility: We confirm whether you qualify to purchase, individually or collectively
2. Participation agreement: We can draft a participation agreement for you and your fellow leaseholders to sign. This confirms that you will work together to exercise your right to collective enfranchisement and sets out how issues will be dealt with, including costs, decision-making and the creation of a management company
3. Setting up a management company: We will set up a management company with the participating leaseholders as members. The management company will be the nominated purchaser and will acquire and manage the freehold, making it a shared freehold
4. Commission a valuation: A specialist surveyor values the freehold premium (the price to be paid to the freeholder)
5. Serve formal notice: We serve the Initial Notice (for collective enfranchisement) or Tenant’s Notice (for leasehold houses)
6. Receive the Counter-Notice: The freeholder has a set period to respond, admitting or disputing the right to purchase
7. Negotiate the price: We negotiate on your behalf to agree a fair figure
8. Apply to the Tribunal if needed: Where agreement can’t be reached, we can apply to the First-tier Tribunal
9. Complete the purchase: The freehold is transferred and the title registered at HM Land Registry

Speak to our freehold purchase solicitors today

To discuss a freehold purchase, please call 0208 680 5018 or contact your nearest Atkins Hope office in Croydon, Medway, Blackheath or Guildford.

If you’d prefer to get in touch online, use our online enquiry form and a member of our team will respond promptly.

How much does buying the freehold cost?

The largest element is typically the premium: the price paid to the freeholder for the freehold title. This is a complex valuation that must be carried out by a specialist freehold valuer. It takes into account a range of information, including the years remaining on the lease, the ground rent, investment yields and the property’s value. You’ll also generally pay your own legal and valuation fees, plus the freeholder’s reasonable professional costs.

Our freehold purchase pricing page sets out our fees clearly. We also advise on leasehold purchase costs where relevant, and we’ll provide a clear estimate before any work begins.

How long does a freehold purchase take?

The statutory route typically takes between six and 12 months from serving the initial formal notice to completion. Timescales depend on how quickly the freeholder responds, whether the price is agreed without a Tribunal application, and how complex the title is. An informal purchase can sometimes be concluded more quickly where the freeholder is cooperative and both parties reach agreement early.

Why choose Atkins Hope for your freehold purchase?

Our residential property team has experience advising leaseholders through both collective enfranchisement and individual freehold purchases. We explain your rights clearly, assess your position honestly, and aim to achieve the right outcome without unnecessary cost or delay.

If a dispute arises with the freeholder at any stage, our solicitors can step in to protect your position. With offices in Croydon, Medway, Blackheath, and Guildford, we’re well placed to support leaseholders across the South East.

Frequently asked questions

Who is eligible to buy the freehold of a block of flats?

At least 50% of qualifying flat owners in the building must participate in collective enfranchisement. Each flat must be held on a long lease (originally over 21 years), and the building must meet certain conditions. We’ll confirm eligibility before any formal steps are taken.

Do I need other leaseholders to join me to buy the freehold?

For a block of flats, yes. Collective enfranchisement requires at least 50% of qualifying leaseholders to take part. If you own a leasehold house, however, you can exercise the right individually without involving anyone else.

How much will it cost to buy my freehold?

The cost to leaseholders buying freehold interest in a property depends on the remaining lease length, the level of ground rent, and the property’s value. You’ll also pay legal and valuation fees and the freeholder’s reasonable professional costs. Our freehold purchase pricing page gives a clear overview.

What is the difference between a lease extension and a freehold purchase?

A lease extension adds years to your existing lease without changing who owns the freehold. A freehold purchase transfers full ownership to you or your group, typically offering greater long-term benefits. A lease extension can be a useful step where a collective purchase isn’t yet feasible.

For information on our services, see our lease extension solicitors page.

What happens if the freeholder refuses to sell?

Under the statutory route, the freeholder cannot refuse if you meet the qualifying conditions. If they fail to respond or dispute the price, you can apply to the First-tier Tribunal to have the matter determined. If the freeholder obstructs the process unreasonably, we can advise on further options, including property dispute proceedings.

Can I buy the freehold if the freeholder is missing or cannot be traced?

Yes. Where the freeholder can’t be identified or traced, you may be able to apply to the court for a vesting order, which transfers the freehold without the freeholder’s involvement. This is a specialised process and we’ll guide you through the appropriate steps.

Will buying the freehold increase the value of my property?

In most cases, yes. Owning the freehold or a share of the freehold removes concerns about a diminishing lease, eliminates ground rent, and gives you control over the building. These factors are viewed positively by buyers and mortgage lenders, and freehold or share-of-freehold properties often achieve a higher market value than equivalent leasehold ones.

Get expert freehold purchase advice

To discuss how to buy freeholds and leasehold enfranchisement, please call 0208 680 5018 or contact your nearest Atkins Hope office in Croydon, Medway, Blackheath or Guildford.

If you’d prefer to get in touch online, use our online enquiry form and a member of our team will respond promptly.