Leasehold enfranchisement is a continually evolving area of law, and it can cause considerable anxiety for both landlords and tenants anxious to protect and exploit their respective interests.
Our market leading team of more than 20 solicitors is equally adept at acting for landlords and tenants alike, and also provides expert advice to landed estates and investors.
Clients choose us because of our in-depth experience in this highly specialised field. We understand the challenges faced and our experienced practitioners are skilled in providing comprehensive and commercial advice.
Whether it be an individual lease extension or a collective claim for the freehold under the Leasehold Reform Housing and Urban Development Act 1993, a claim for the freehold of a house under the Leasehold Reform Act 1967 or a Right to Manage matter, we can guide you through the process.
The legal provisions relating to enfranchisement are complex and we have extensive experience in all aspects of this field. We also have an established network of contacts with specialist surveyors and valuers.
Our work includes representing clients at hearings before the Leasehold ValuationResidential Property Tribunal, the Upper Tribunal and the Courts, from the County Court up to the Supreme Court.
We are active members of the Association of Leasehold Enfranchisement Practitioners and the Property Litigation Association, and regularly attend and speak at industry events and conferences.
What is a house?
Representing the Howard de Walden Estate as one of the successful landlords in the landmark case of Hosebay/Lexgorge in the Supreme Court. This decision ended years of uncertainty and dispute as to whether commercial premises would qualify for enfranchisement as "a house" within the meaning of the legislation. The decision was of paramount importance to the major urban estates which risked losing very many freeholds and thereby seeing the integrity of their estates threatened.
Lease extensions in a stately home
Acted for a group of tenants on the extension of the leases of their flats in a stately home. This included dealing with complicated issues including their rights to use the significant grounds including an arboretum. The grounds also play host to an annual international music festival.
Ground-breaking collective enfranchisement claim
Advising on one of the largest central London enfranchisement claims for the freehold of a prestigious mansion block valued at £21m. The appeal to the Upper Tribunal gave rise to a number of novel points of law.
Right to Manage
Acted for one of the UK’s leading house-builders on a right to manage claim by the tenants in a significant mixed use development in North London. The development contained over a hundred flats together with commercial premises, including a Marks & Spencer store and a gym.
Representing tenants in prime Central London
Acting for tenants in London’s most prestigious postcodes on both lease extension and freehold claims on a regular basis. This includes working together with the leading surveyors and valuers in the field on claims that frequently run into many millions of pounds and often produce novel points of law and valuation.
Q&A on adverse possession
A successful application for title by adverse possession will result in the squatter acquiring possessory title to land.
Q&A: Talking the telecoms talk
Georgina Muskett and Jonathan Wills answer queries on Electronic Communications Code agreement.
What do the new Debt Respite Scheme Regulations mean for Landlords and Tenants?
This will provide legal protection from creditors in the form of either a breathing space or a mental health crisis moratorium.
Risk allocation in commercial leases: the High Court considers rent suspension, insurance and frustration arguments
Read our summary of the full judgement on the latest Covid arrears case.
Q&A: Am I insured for COVID-19?
Laura Bushaway writes for Estates Gazette on a recent claim under the “disease clause” of business interruption policy.
Leasehold Reform – The devil is in the detail
Taking a closer look at the Government’s announcement in January to reform the procedure for enfranchisement and lease extensions.
‘Subject to contract’ – The effect of these words in settlement negotiations
The importance of the ‘subject to contract’ label during settlement negotiations and communications.
Leases and licences: Sizing up the available options
Lauren Fraser and Jacqueline Lean answer queries on the right of forfeiture.
Lease renewals in the time of coronavirus
What flexibility tenants and landlord are going to have when negotiating on the terms of the lease renewal ?
Abandoned premises: Abandon hope, all ye who seek re-entry?
What can landlords do when tenants are leaving premises abandoned without prior notice due to the evolving coronavirus crisis?
Q&A: Breach of covenant for quiet enjoyment?
Would disconnecting the electricity supply to business premises constitute a breach of the covenant for quiet enjoyment?
Property Patter: how to get consent applications right
Applications for consent to assign, sublet or alter premises are fraught with difficulties
Lauren Fraser quoted by The Lawyer Litigation Tracker on commonhold reform
What has the Covid-19 Code of Practice achieved?
Landlords are particularly concerned that the commercial property sector will continue to be impacted by COVID-19 for quite a while.
A change for the better?
Lauren Fraser and Laura Bushaway consider the ramifications of the Law Commission’s proposed reforms.
Takeaways on achieving vacant possession
Reviewing the Court's decision on recent Capitol Park Leeds Plc v Global Radio Services case.
Do all roads lead to commonhold?
The Law Commission says that adopting its proposed changes will make commonhold not only a viable alternative, but a preferable one.
Q&A: Gas safety certificates and Section 21 Notices
Landlords can serve section 21 notice to terminate shorthold tenancies as long as gas safety certificate is given to tenants beforehand.
Q&A: A covenant quandary, post Duval
How to avoid a breach of mutual enforceability covenant when planning any alterations on a flat?
Q&A: Assured shorthold tenancy?
If a party with an assured tenancy signs a new agreement it is an assured shorthold tenancy pursuant to section 19A of the Housing Act 1988.