Category: Leasehold Enfranchisement & Disputes

“62 per cent of leasehold homeowners felt that they were mis-sold a leasehold”.

A concerning statistic from NAEA Propertymark. This article on City A.M. highlights the some of the many pitfalls that can, unfortunately, be associated with leasehold properties. It is vitally important to seek expert professional advice when purchasing a leasehold property, or when extending a lease. If you already own a leasehold property you may be aware …

Basement, air space and sub soil leases can be acquired as part of a collective enfranchisement claim

Chapter I of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) entitles qualifying tenants of flats, through a nominee purchaser, to collectively enfranchise their building by purchasing the freehold. This entitlement includes acquisition of the interest of a tenant under any lease of common parts of the building, where the acquisition of …

High Court rules that personal representatives can serve a tenant’s notice more than 2 years after grant of probate

Villarosa v Ryan [2018] EWHC 1914 (Ch) Law Chapter II of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) provides tenants of residential flats with a right to claim a new lease at a peppercorn ground rent and for a term expiring 90 years after the term date of the existing lease. …

Law Commission publishes terms of reference for leasehold enfranchisement and commonhold reform

Following the Government’s response to its consultation Tackling unfair practices in the leasehold market, on 18 April 2018 The Law Commission published terms of reference for leasehold enfranchisement and commonhold reform. The general policy objectives for the reforms are: To promote transparency and fairness in the residential leasehold sector; To provide a better deal for …

Court of Appeal rejects valuation model for residential lease extensions

On 24 January 2018, the Court of Appeal delivered its decision in Mundy -v- The Trustees of the Sloane Stanley Estate [2018] EWCA Civ 35. The case concerned valuation principles for residential lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). One of the components of a lease extension premium …

Residential service charges – an overview

Most long leases of residential flats contain an obligation upon the lessor (or landlord) to insure, repair and maintain and provide other services in respect of a building, and an obligation upon the lessee (or tenant) to meet the costs incurred by the landlord by way of service charge. The lease will govern which services …

Freehold landlords take note of your consultation responsibilities

Freehold landlords of residential premises and their managing agents should take note of the recent decision of the Upper Tribunal (Lands Chamber) in Various Occupational Leaseholders of Foundling Court and O’Donnell Court, Brunswick Centre, London v (1) Camden LBC (2) Allied London (Brunswick) Ltd and others [2016] UKUT 366 (LC). In this important decision, the …

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