Freehold Purchase Solicitors in Stockport & Manchester

Before taking action, we will assess your eligibility to purchase the freehold. To proceed under the statutory scheme, the following must be met:

• The property must qualify as a ‘house’ under the Leasehold Reform Act 1967. This has a specific legal definition and may include properties that are not traditional houses, such as certain converted buildings, provided they are structurally self-contained.
• The lease must have been originally granted for more than 21 years
• You must have owned the lease for at least 2 Years at the date of the claim

We will review your lease in detail and confirm whether you meet these legal requirements before moving forward.

In some cases, it may be possible to approach the freeholder informally to negotiate a voluntary purchase of the freehold. While this can sometimes be quicker and more flexible, it does not offer the same legal protections as the statutory route. We will advise you on the advantages and risks of each approach and whether an informal agreement is appropriate in your circumstances.

If a voluntary agreement is not possible or advisable, we will prepare and serve a formal Notice of Claim under Section 8 of the Leasehold Reform Act 1967. This notice must include prescribed information, such as a description of the property, key lease details, and the premium you propose to pay for the freehold.

Once served, the Section 8 Notice initiates a legally binding process and triggers strict statutory deadlines for the freeholder to respond. It also protects your legal position, even if the freeholder is uncooperative.

It’s important to remember that this statutory right applies only to qualifying leaseholders of houses, as defined under the legislation. We will advise you fully on this definition and confirm that your property is eligible before serving the notice.

Once the Section 8 Notice has been served, the freeholder has two months to issue a counter-notice. This notice must either admit or dispute your right to acquire the freehold.

The freeholder may also formally request:

• A statutory deposit (either £25 or three times the annual ground rent, whichever is greater)
• Copies of the property’s title documents
• A statutory declaration confirming your eligibility under the Act

If the freeholder fails to respond within the two-month period, or if they dispute your claim, we may need to apply to the County Court for a determination of your entitlement or, in certain cases, seek a vesting order to compel the sale.

We will manage all correspondence with the freeholder and ensure you meet every legal deadline during this stage.

The premium payable for the freehold is calculated based on a number of valuation factors, including:

• The length of the remaining lease term
• The amount of ground rent payable
• The current market value of the property

We will help you instruct a suitably qualified surveyor with experience in leasehold enfranchisement valuations. Once the valuation is complete, we will enter into negotiations with the freeholder to agree a fair and reasonable price.

If the parties are unable to reach agreement, either side may apply to the First-tier Tribunal (Property Chamber) in England or the Leasehold Valuation Tribunal in Wales, which will determine the premium and settle any outstanding points of dispute.

In addition to agreeing the premium, the legal terms of the transfer (conveyance) must also be negotiated. These terms may include:

• Any restrictive covenants or easements that will apply to the freehold
• Provisions relating to rights of way, access, or shared facilities
• Any other clauses affecting your future use of the property

Each party may serve notice proposing specific terms, and the other side must respond within four weeks. If agreement cannot be reached, the matter may be referred to the Tribunal for resolution.

Our specialists Freehold Conveyancing Solicitors will handle all negotiations on your behalf and ensure that the final documentation protects your interests and is aligned with your future plans for the property.

Once both the premium and the legal terms of the transfer have been agreed, the matter proceeds to completion. We will:

• Draft or review the transfer deed
• Ensure all parties sign the necessary documents
• Arrange for the payment of the premium and any legal or professional costs

In some cases, the parties may choose to exchange contracts before completion, particularly where timeframes or third-party consents are involved.

On the agreed completion date, ownership of the freehold will be legally transferred to you.

Following completion, we will handle the registration of your freehold ownership with HM Land Registry. This updates the property’s title register to reflect the transfer from leasehold to freehold ownership.

Once registered, you will appear on the title as the freeholder and the leasehold title can either be closed or retained as part of the historical record, depending on how the transaction is structured.

You will now own the property outright and will no longer be subject to leasehold obligations such as ground rent, landlord consents, or service charges (unless your property forms part of a larger estate with shared obligations).

In addition to the purchase premium itself, you will be responsible for several associated costs, including:

• Your own legal fees and surveyor’s fees
• The freeholder’s reasonable legal and valuation costs (as required under the Act)
• Any statutory deposit (if requested)
• HM Land Registry registration fees
• Any Stamp Duty Land Tax (SDLT), if applicable

We will provide a full breakdown of all estimated costs at the outset and keep you updated as the matter progresses, so you can budget with confidence and avoid any surprises.

You may be eligible if:

• The property is a house
• Your lease was originally granted for more than 21 years
• You have owned the lease for at least two years

Our solicitors can review your lease and confirm your eligibility under the Leasehold Reform Act 1967.

This is the formal notice served under Section 5 of the Leasehold Reform Act 1967 to begin the statutory process of buying the freehold. It sets out your intention to purchase and includes key details such as the property description and proposed premium.

The timescale can vary. A voluntary agreement may take a few months, while a statutory claim involving negotiations or a tribunal could take 6–12 months or longer. We’ll keep you updated every step of the way.

Flat owners usually cannot buy the freehold on their own. Instead, leaseholders in the building must act together in a process called collective enfranchisement. You can learn more by speaking with our Leasehold Enfranchisement Solicitors.

Yes, you can still purchase the freehold. However, if your lease has less than 80 years remaining, you may be required to pay an additional amount known as “marriage value,” which reflects the increase in property value after acquiring the freehold. This can make the purchase more expensive.

If the freeholder refuses a voluntary sale, you can initiate the statutory process under the Leasehold Reform Act 1967 by serving a Tenant’s Notice of Claim. This legal route compels the freeholder to sell, provided you meet the qualifying criteria.

Certain properties may be excluded from the right to buy the freehold, such as:

• Properties with significant commercial use
• Houses with shared ownership leases
• Properties owned by charitable housing trusts

It’s essential to review your lease and property details to determine eligibility

Yes, under the statutory process, you are typically responsible for the freeholder’s reasonable legal and valuation costs associated with the sale. These costs are in addition to your own legal and surveyor fees.

When purchasing the freehold, you acquire ownership of the property and the land it stands on. This may also include any associated structures or land, such as gardens or garages, that are part of the lease.