Leasehold Reform Act 1967

31 March, 2005

LEASEHOLD ENFRANCHISEMENT OF HOUSE (LONG LEASE)

Timing/Schedule of Events – Obtaining freehold of a House

LEASEHOLD ENFRANCHISEMENT OF HOUSE (LONG LEASE)

Timing/Schedule of Events – Obtaining freehold of a House

 

Event

Send by:

Respond by:

Date

 1

T serves Notice of Claim

Starts claim

   
 2

L serves Notice in Reply

Within 2 months of date of service of T’s notice

   
 3

L serves notice requiring T to pay deposit

Any time after service of 1.

T has 14 days to respond

 
 4

L serves notice requiring T to deduce title

Any time after service of 1.

T has 14 days to respond

 
 5

T may serve notice requiring L to deduce title

If L has not filed Notice in Reply or has admitted T’s claim

OPTIONAL – such notice must include T’s statement of which RofW & RC he wants included

L has 4 weeks to respond

 
 6

T sends L any objections/requisitions re title

Within 14 days of receipt of L’s deduction of title

L has 14 days to respond

 
 7

T can raise further requisitions

(if none are raised, L’s response deemed satisfactory)

Within 7 days of L ’s response

   
 8

L may serve notice on T requiring T to state what rights of way and restrictive covenants the T wants in the conveyance

When serving Notice in Reply or anytime thereafter

(notice must include L’s statement of which RofW & RC he wants included otherwise invalid)

T has 4 weeks to respond. No response = no rights

 
 9

T may serve notice on L requiring L to state what rights of way and restrictive covenants the L wants in the conveyance

If L has admitted T’s claim or Notice of Reply is not received

(notice must include T’s statement of which RofW & RC he wants included otherwise invalid)

L has 4 weeks to respond. No response = no rights

 
 10

Purchase Price is determined

Each parties surveyors will enter into negotiations

Once determined T has one month from which to withdraw from claim

 
 11

Conveyance (to be prepared by T but in reality often L prepared initial draft)

Draft to be delivered to L 14 days prior to completion. Engrossment a reasonable time before completion.

T to give notice to L of any intentions to convey or grant interests to third party.

   
 12

Apportionment

T to pay rent up to date of completion. Outgoings to be apportioned from date of completion (in favour of L).

   
 12

Completion

1 month after determination of purchase price or a date otherwise agreed between the parties

   
 14

Service by either party of a notice requiring completion

Any time after 1 month from the date of determination of the purchase price.

Completion to take place on next working day 4 weeks from the date the notice.

 

Delayed completion: if L elected to receive interest on PP in lieu of rent (by notice in writing to T) rate will be 2% above base rate of a London Clearing bank. Interest is not payable if delay is L fault. T can pay the PP into a bank account (if delay not his fault) and L will have to accept the interest paid on the account (if any).

Failure to meet obligations: if either L or T fails to perform their obligations – notice can be served on defaulting party giving at least 2 months to make good.

If T fails to comply with notice both parties are discharged from their obligations (other than obligation for T to pay L costs) and deposit is forfeited to L.

If L fails to comply with notice both parties are discharged from their obligations, T is entitled to the deposit back and does not have to pay L’s costs.

Reviewed in 2015