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04 January 2007 / Mark Sefton
Issue: 7254 / Categories: Features , Property
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Property Law Update

Mark Sefton explains the reasons behind the current popularity of leasehold enfranchisement

Leasehold enfranchisement is big business these days. One reason for this is that, since the Commonhold and Leasehold Reform Act 2002 came into force, tenants no longer have to occupy the property as their residence to qualify to bring a claim. Developers can now buy a lease of a house or a flat and, so long as the conveyancing has been tied up neatly, they can claim the freehold or a 90-year lease extension, even though they have no intention of ever living in the property. Institutional investors with portfolios of rack rents in the residential market can do the same. It has even been possible, in one case, for the head lessee of a large mansion block in east London to claim statutory lease extensions on all 28 of the flats within the building—Maurice v Hollow-Ware Products Ltd [2005] 2 EGLR 71, [2005] EWHC 815 (Ch), [2005] All ER (D) 254 (Mar).

Financial magic

Another reason for the current popularity of leasehold enfranchisement, though, is the increasing awareness of the financial magic

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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