Qualifying Buildings
Building must be self-contained, contain at least two qualifying flats, and not exceed 25% non-residential floor area. LFRA 2024 will raise this threshold once commenced. Resident landlord exception applies only where freeholder lives in one flat AND building has 4 or fewer flats.
Qualifying Leaseholders and Participation
Qualifying tenant: long leaseholder (lease originally >21 years). At least 2/3 of all flats must be held by qualifying tenants; at least 50% of those must participate. A leaseholder holding >2 flats in the same building cannot participate. LFRA 2024 abolishes the 2-year ownership requirement (not yet commenced).
Procedure
Participating leaseholders form an RTE company and serve an initial notice on the freeholder specifying the building and offered purchase price. Freeholder must serve counter-notice within 2 months — admitting the right or disputing it. If disputed, leaseholders apply to County Court. If no price agreement within 6 months, either party applies to FTT for determination.
Price — Valuation and LFRA 2024
Price formula: capitalised ground rent income + deferment value (reversionary interest at Sportelli deferment rate 5.25% for flats) + marriage value (where lease unexpired term <80 years; split 50/50). LFRA 2024 abolishes marriage value and prescribes capitalisation and deferment rates — most valuation provisions not yet in force.
Implications for Freehold Landlords
A freeholder cannot refuse a valid claim. Counter-notice options: dispute qualification; negotiate price; challenge at FTT. Freeholder receives market value per the formula; loses ground rent, management rights, and reversion. Leaseholders pay freeholder's reasonable legal and valuation costs of processing a valid claim (LRHUDA 1993 s.33).