Qualifying Conditions — LRA 1967
Qualifying conditions: (a) long tenancy — originally granted for more than 21 years; (b) house (not a flat) — question of fact (Tandon [1982]); (c) 2-year occupation as main or only residence; (d) 2-year ownership of the lease. Low rent test and rateable value limits: fully abolished by LFRRA 2024 (commencement pending). The Act applies to England and Wales.
Price Calculation — Marriage Value, Hope Value, and LFRRA 2024
Modern method price (LRA 1967 s.9(1C)): diminution in landlord's reversion + 50% of marriage value (where lease has under 80 years unexpired) + compensation. Marriage value = unencumbered freehold value minus aggregate of freehold reversion and leasehold value. LFRRA 2024: abolishes the 50% landlord share of marriage value; introduces prescribed valuation rates (commencement pending). Hope value: Dano Ltd v Earl Cadogan [2023] — Supreme Court confirmed hope value payable where the site has development potential.
The Enfranchisement Process
Tenant serves LRA 1967 s.5 notice on the competent landlord (prescribed form; registered as a land charge). Landlord must serve counter-notice within 2 months: admit or deny the right; offer a price. Disputed right: tenant applies to County Court within 2 months. Disputed price: either party applies to the First-tier Tribunal (Property Chamber). Landlord can defeat the claim if genuinely intending to redevelop within 5 years (court approval required). Tenant pays the landlord's reasonable legal and surveying costs.
LFRRA 2024 Reforms
The Leasehold and Freehold Reform Act 2024 (Royal Assent 24 May 2024): (a) abolishes marriage value for all house enfranchisement and lease extension claims; (b) introduces prescribed valuation rates to reduce variability in statutory valuations; (c) removes the low rent test; (d) for collective enfranchisement of flats, relaxes the non-residential floorspace limit from 25% to 50%. Commencement of valuation provisions by secondary legislation — not yet fully in force as of June 2026.