Places of Worship (Enfranchisement) Act 1920
A little visited part of the statute books, the Places of Worship (Enfranchisement) Act 1920 conveys a powerful right available to religious groups utilising a property as a place of worship (‘The 1920 Act’). The 1920 Act represents one of the first forms of freehold enfranchisement, which was brought about following the Select Committee report on Town Holdings from 1989 (‘the Report’).

The Report found that a number of ‘non-conformist’ religious groups suffered from having no long-term security of tenure with regards to the places of worship and schools associated with them. As a result, it was felt important that communities were able to achieve long term security in the form of acquiring the permanent right to buy and use property as a place of worship, rather than being dependent on the grant of a long lease by the landlord.

It was found by the Report that the freeholder should have no objection, provided that the freeholder is adequately compensated for the loss of the property, in this case on the payment of a premium.

Rarely used in practice
The 1920 Act has so far been considered only twice in reported cases, on each occasion by the High Court. The fact that these cases were considered 88 years apart illustrates how scarcely used this piece of legislation is.

This may indicate that most are unlikely to come across this niche area within the already specialised area of enfranchisement law. However, the legislation may be applicable in more ways than many would assume.

Unexpected applications
In a 2015 case, a former supermarket located along a high street in Sheffield was successfully enfranchised by the religious group which held a long lease of the premises.

It could be suggested that 1920 Act was not designed to encapsulate such properties however such arguments are irrelevant; if the building qualifies then it appears that that even a former supermarket is caught by the 1920 Act. The implication is that landlords will need to be aware of this enfranchisement right and the potential loss of the freehold if granting a lease that is caught by the legislation.

Which propertiesplaces of worship qualify for enfranchisement?
Religious groups which could benefit from the liberal application of the 1920 Act should also be aware of this potentially valuable right, even if the building in question is for example a former shop or warehouse is not per se a traditional place of worship.

The 2015 case is a salutary reminder that it is the characteristics of the lease rather than the building, which is important.

Do the physical characteristics of the place of worship matter?
The criteria differ from that found within the Leasehold Reform Act 1967 and Leasehold Reform, Housing and Urban Development Act 1993. Unlike these Acts, the physical characteristics of the building is not the determining factor.

Do you have the right to buy your building?
The property must be held on a lease granted for more than twenty-one years; and
The property must be used for the purposes of a religious place of worship.
There are some exceptions which would need to be examined carefully in each case. Once grounds to bring the claim are established a mechanism akin to compulsory purchase will apply and in the absence of agreement between the parties, the Upper Tribunal (Property Chamber) can determine the sum payable to enlarge the interest to freehold.

It is therefore critical to take advice both prior to the grant of a lease which may be caught by the 1920 Act or if there is any doubt as to whether the legislation may apply.

Ricky Coleman is an Associate Solicitor within the Leasehold Enfranchisement Team at Mayo Wynne Baxter LLP rcoleman@mayowynnebaxter.co.uk

Many tenancies come to a natural end, but sometimes a landlord will have to take action to get the property back. If you want to end the tenancy to regain possession of your property, you will need to serve notice on the tenant. If the tenant does not leave after you have served a valid notice, you will have to apply through the courts for an order for possession. There are two different procedures available to the landlord to terminate an assured shorthold tenancy (AST).

The first step is to give notice to your tenant.
Section 21 – no fault eviction

If the AST has expired and it is a no-fault eviction, then you can use the procedure set out in Section 21 of the Housing Act to terminate an AST. A section 21 notice:

Must be in the prescribed form.
Cannot be served within four months of the day on which the tenancy began.
Is only valid for six months from the date on which the Section 21 notice is given.
Must not be used where the landlord is prevented from retaliatory eviction.
Can only be served where the landlord has complied with all legal requirements.
Also, the minimum notice period to be given in a Section 21 is two months. If the tenant does not leave the property within the notice period, court proceedings can be issued. If you need to terminate the AST during the fixed term, then you can use the procedure set out in Section 8 of the Housing Act.

Section 8

The grounds for obtaining possession are set out in the Housing Act and include:

Rent has been unpaid for a period of
o eight weeks where rent is paid weekly or fortnightly.
o two months if rent is paid monthly.
o three months if rent is paid quarterly.
The tenant has persistently delayed paying rent.
The tenant has breached the terms of the AST.
The minimum notice period will vary depending on the grounds that you are seeking possession. Please contact us to discuss the minimum notice periods.

When is a court order needed to evict a tenant?
If a tenant does not leave a property within the notice period following service of a Notice (be that a section 8 or section 21 notice) then the next step would be to issue court proceedings which must be issued to obtain possession. A landlord must not evict or make attempts to evict a tenant without obtaining a court order. To seek to evict a tenant without a court order is an offence.

There are two different court procedures in place; an Accelerated Procedure and a Standard Procedure. The Accelerated Procedure can be used where:

The tenancy is an AST.
It is a written tenancy.
The landlord is only seeking possession of the property and the claim does not include a claim for payment of rent arrears.
Subject to a defence being filed by the tenant, if the judge is satisfied that the AST has been ended by service of a Section 21 notice and the Claim Form has been served on the tenant then a Possession Order will generally be made without a hearing. The tenant is then usually ordered to give vacant possession of the property within 14 days. Where the claim does not fall within the Accelerated Procedure then the Standard Procedure must be used.

The court normally sets a hearing date when serving the claim on the tenant. The hearing will be at least 28 days after the court issue the claim. At the hearing, the court will either order possession or make directions to progress the claim.

Where the tenant does not leave the property by the date set by the court then the Order for Possession will need to be enforced.

If you need help gaining possession of a property or in recovering rent arrears, then get in touch. We are here to help – 0800 84 94 101