Commonhold and Leasehold Reform Act 2002

Commonhold and Leasehold Reform Act 2002

2002 CHAPTER 15

Commentary on the Sections: Part 1

Qualifying rules

Section 72: premises to which Chapter applies

125. Section 72 provides that the right can be exercised for any detached property or self-contained part property containing two or more flats held by qualifying tenants (as defined by section 75).  This can include other property enjoyed by the tenants under the lease, such as garages or gardens, but does not have to.  The eligibility of the property is subject to a further requirement that the qualifying tenants hold not less than two-thirds of the flats in the property.  These criteria mirror those used for the right of collective enfranchisement under the 1993 Act. Certain properties are specified as not being eligible for the right to manage.  These are listed in Schedule 6 – see notes on Schedule 6 below.