Our residential property specialists advise on all aspects of leasehold law. That means we’ll help you decide if the property you’re considering would work for you, practically and financially. We’ll scrutinise the lease, talk you through the terms and support you in any negotiations you should be having with your landlord before you commit.
We’re also here to advise on any problems during the course of the lease. Your landlord might be looking to increase your ground rent or service charge, or may be falling short in their management of the shared building. You may be keen to make alterations to your flat, but are faced with opposition from the landlord or from neighbours. You may be looking to set up a residents association or, as an established association, need some collective advice. Or perhaps you are interested in buying the freehold but are not sure how to go about this, or about how to fund it or agree terms.
Talk to us. Our team deals with issues like these every day for clients all over the UK.
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
Enfranchisement
If you own a flat, you may be looking to extend your lease; or even buy the freehold of your building, with the other flat owners in the block.
If you own a leasehold house, you may be looking to acquire the freehold of your property.
This is enfranchisement; the legal process of gaining control of your property or of extending your lease. It is a specialist area of property law.
Our team is recognised for its expertise, with our lawyers previously winning Regional Professional of the Year and Solicitors Firm of the Year, at the News on the Block’s Enfranchisement and Right to Manage Awards.
We will advise you on options to extend your lease – and increase your property’s value - using the statutory or voluntary process. If you are looking for greater control over the building, we will help you decide whether to set up a right to manage company with others in your block, which could enable you to take over the management of the property.
There may be other ways of working with your neighbours, too. If at least half of the leaseholders are interested in buying the freehold then we will advise on whether you will be able to join together and compel your landlord to sell it to you, under rules on collective enfranchisement.
And if your landlord is looking to sell his interest in the building, it may be that he has to offer it to the majority of the flat owners in the building first, on the same terms. This is known as the right of first refusal, and we can assist you in acquiring the freehold by following the required process.
You’ll find that our lawyers strip away the complexities of property law to give you clear, insightful advice and guidance. It’s about helping you make the best decisions now, for the future.
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
Applications at the First-tier Tribunal Property Chamber
The FTT is, unfortunately, quickly becoming part of every day life for most leaseholders.
Our Enfranchisement and Residential Leasehold team are experienced in dealing with all manner of service charge disputes.
Partner Roger Hardwick is recognised as one of the leading experts in the field, and has been involved in a number of high profile decisions in the Upper Tribunal (Lands Chamber).
In addition to applications to determine service charges, our expert Verity McMahon has a considerable amount of experience with applications for dispensation from the statutory consultation requirements; applications to vary leases of flats (for example, where service charges do not add up to 100%); and applications to appoint a manager, under Part II of the Landlord and Tenant Act 1987.
Appoint a Manager
Are you unhappy with your current manager? There is a remedy available under the Landlord and Tenant Act 1987 which allows leaseholders to apply to the First-tier Tribunal (Property Chamber) for the appointment of a manager. We can help you achieve your objectives.
Alternatively, if you have been served with an application in respect of the above, we can also assist you with this. Our team is more than happy to discuss your options with you.
Collective Enfranchisement
The Enfranchisement and Residential Leasehold department have won eight awards at News on the Block’s Enfranchisement and Right to Manage Awards, including Regional Professional of the Year, Solicitor of the Year, and Solicitors Firm of the Year.
We combine an intricate knowledge of the law with practical and commercial advice, to both landlords and leaseholders.
Whether you are looking to respond to a claim to acquire the freehold of a block, which you own or manage; or you are interested in leading a claim to acquire the freehold of a block, a specialist within the team will advise you and manage your case from start to finish.
For landlords, we will instruct and maintain a close relationship with your valuer; advise you about your rights, including your right to retain external communal areas on certain terms and your right to leasebacks (where appropriate); draft and serve your counter notice; represent you at the FTT, if terms cannot be agreed; and ensure that your interests are protected, in the contract and ultimately the conveyance.
For leaseholders, we can meet and present to interested parties on site; advise about eligibility, the property to include in the claim, and strategic considerations; incorporate your nominee purchaser company; prepare a participation agreement; draft and serve your initial notice; deal with post-notice procedures and the landlord’s counter notice; negotiate the terms of the sale; represent you at the FTT if necessary; and ensure that your interests are fully protected throughout.
We are lucky to be able to boast specialist members of our team with experience in this niche area, notably Roger and Verity, who have a wealth of experience in dealing with Collective Enfranchisement claims and who assist tenants in achieving their goals of purchasing the freehold and landlords in ensuring that the process is followed correctly by their tenants. Our team will translate a complicated process into a smooth, manageable transaction.
Leasehold Development and/or Abnormalities
Our experienced team are able to assist at the very outset of a development in advising the nature of its set up, the advantages and otherwise creation of a management company and thereafter in preparing the new leases for a block that is not yet built. They are able to work with you to help you achieve the very best for both the landlord and the leaseholders, to consider all elements in order to try and avoid potential disputes later.
Our team benefits from experience in acting for developers large and small in the creation of residential sites including both freehold and leasehold properties from acquisition of the site to the grant of the lease/transfers of the residential units, they also specialise in Site Acquisitions and Ground Rent Investment Sales and Purchases.
For those leaseholders or landlords faced with the results of poor drafting and where things may not have gone entirely to plan and the issues only develop over time, our team can also help to find a solution to resolve matters. Our team applies a common sense approach to all cases, establishes the client’s desired outcome, and progresses the case to achieve that outcome.
Lease Extensions
Whether you are a landlord or a leaseholder, our expert team is on hand to assist you with lease extensions (whether voluntary or statutory). Our specialist team will explain the options available to you and take you through the process that is most suited to your circumstances, from beginning to end, completing the matter with your best interests at the forefront of their mind.
All of the team, Roger and Verity, have an intimate knowledge of the law, the procedure, the statutory timetables, and the traps and pitfalls that catch out so many landlords, leaseholders, and even solicitors. We will keep you updated, explain the process in terms which are easy to understand, and provide sound, practical, commercial advice at each stage of the process.
Our team are also experts in drafting variations to leases and, whether you are a landlord or a leaseholder, if the lease is defective in some way, we will advise you to use the lease extension as an opportunity to correct those defects.
Leasehold Houses
Do you own a leasehold house and need some guidance? Or are you the freeholder and unsure of your obligations? Our experts are here to assist. Verity has been specialising in lease extensions and freehold purchases in respect of leasehold houses for many years and would be more than happy to help.
Lease Reviews
We deal with a variety of enquiries on lease reviews from answering a straightforward question from a leaseholder such as "Who is responsible for the windows of my flat or can I install a TV aerial on my roof to assisting with more challenging situations such as anti social behaviour and what can be done about it."
We act for both landlords and leaseholders both in terms of initial queries before undertaking any works and in disputed matters which may arise.
We can provide detailed advice on individual clauses, and draft variations to leases where appropriate (and where all the parties are in agreement).
Contact our team today to see how they can help you.
Licences
Our expert team can assist by drafting licences for your every need, for subletting, pets or alterations (whether they are retrospective or not).
Contact our team today to see how they can help you.
Right of First Refusal
Our experts specialise in this niche area of law and would be happy to assist. Whether you are the freeholder who needs to comply with the right of first refusal obligations or whether you are the leaseholder who has received the relevant notice and would like advice on how to respond – we would be delighted to help.
Our expert in this area, Verity will be delighted to advise you on the implications of a sale of a freehold and the statutory procedure which must be adhered to if you are a landlord selling and similarly will be delighted to assist and advise leaseholders in receipt of a Section 5 Notice. Do note time frames are strict and thus it is important that you get in touch as soon as possible if you are in receipt of a Section 5 Notice.
Right to Manage
If you are (or are representing) a group of leaseholders who are unhappy with the management of their block, it may be that the right to manage is the best solution.
Dani Green can advise you about the right to manage and any other alternatives that may be available (e.g. collective enfranchisement or an application to the FTT appoint a manager).
If you decide to proceed with a claim to acquire the right to manage, having acted for both landlords and leaseholders, Dani and our team know every trick in the book. We will help you to avoid the traps and pitfalls that befall so many leaseholders and RTM companies; and represent you at the FTT in the event that the landlord disputes the claim.
If you are a freeholder and have been served with a right to manage claim, Our experts in this area, Roger, Dani and Verity will be delighted to advise and assist with defending the application.
Get in touch with our residential property solicitors in Banbury, Bicester and Rugby
For more information please contact our leasehold enfranchisement solicitors at our offices in Banbury, Bicester or Rugby.
