Roger has played a key role in the development of leasehold case law and legislation. He was a part of the Law Commission’s Advisory Group of experts, who commented on the Law Commission’s draft proposals, prior to the publication of its consultation papers on proposed reforms to the law on leasehold enfranchisement (including the rights, processes, and methods of determining purchase prices and premiums) and the right to manage.
In January 2021, the government announced that it would be accepting a number of the Law Commision’s proposals. Roger also advised a variety of groups and stakeholders on their response to MHCLG’s consultation paper: Building a Safer Future, which led to the Building Safety Bill.
Notable cases Roger has been involved in include:
- York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch) (on whether the grant of various leases of parts of a building, by a husband and wife, to one of their number, was exempt from the right of first refusal, by virtue of being a gift to a family member – the first decision on the meaning of gift under s.4(2)(e) of the Landlord and Tenant Act 1987)
- Moorjani and others v (1) Durban Estates and (2) Ivor Court Freehold Limited [2019] EWHC 2307 (TCC) (the strike out of an application for damages, due to disrepair, following an earlier decision of the FTT on the related question of an equitable set off).
- Various Leaseholders of the Brunswick Centre v Camden L.B. & Others [2016] UKUT 366 (LC) (on the application of s.20 consultation requirements, where a service charge demand for major works is raised by an intermediate landlord, in connection with works undertaken by a superior landlord)
- Miller v Tedworth North Management Limited [2016] UKUT 522 (LC) (on whether the replacement of windows in a block of flats amounted to an “improvement”)
- Admiralty Park Management Ltd v Ojo [2016] UKUT 421 (LC) (estoppel by convention prevented lessee from challenging method of apportioning service charges)
- Post Box Ground Rents v Post Box RTM Company Ltd [2015] UKUT 230 (LC) (on whether a landlord can recover costs incurred in connection with tribunal proceedings, where the application is withdrawn by the RTM company);
- Tedla v Cameret Court Residents Association Ltd [2015] UKUT 221 (LC) (on whether an intermediate landlord, which is also an RMC need comply with s.47, Landlord and Tenant Act 1987);
- Columbia House Properties (No.3) Ltd v Imperial Hall Freehold Ltd [2015] UKUT 45 (LC) (on whether managing agents fees incurred by a landlord can be recovered in connection with a collective enfranchisement claim);
- Columbia House Properties (No.3) Ltd v Imperial Hall RTM Co Ltd [2014] UKUT 30(LC) (on the scope of s.88, C&LRA 2002);
- No.1 Deansgate (Residential) Ltd v No.1 Deansgate RTM Co Ltd [2013] UKUT 580 (LC) (on the meaning of "structurally detached" in s.72, C&LRA 2002
Acting for both landlords and leaseholders, Roger understands the motivations of both parties and his in-depth knowledge of the relevant legislation and case law enables him to build a robust strategy to advance and protect his clients’ best interests.
Leasehold enfranchisement, lease extensions and the right to manage are highly complex areas and require a specialist who understands the legislation and case law inside out. Roger is meticulous in ensuring that all points, traps, pitfalls and loopholes are covered. However, he understands that providing a legal service is not just about technical expertise. He understands the importance of building long-term,personal relationships with his clients.
When advising managing agents and landlords on service charge management, collections, and disputes, Roger and his team act as an extension of the client’s business, attending board meetings and providing bespoke training on how legislative and case law changes will affect their business.
Services include:
- The enfranchisement of leasehold houses, lease extensions and collective enfranchisement claims
- Bringing and defending right to manage claims
- Bringing and defending applications to the First-tier Tribunal (Property Chamber), to determine the reasonableness and recoverability of service charges (including mutli million pound projects); applications to vary leases (including an application to vary the service charge percentages in 295 leases); and applications to appoint a manager
- Advising about the recoverability of cladding remediation costs as a service charge, and dealing with associated proceedigs
- Advising clients about complex lease interpretation queries
Publishing and Speaking
As a recognised leader in leasehold law, Roger is regularly asked to speak at events, including the IRPM national and regional conferences. He has written for News on the Block and has been quoted in The Financial Times.
Experience and Accreditations
- Qualified as a Solicitor in 2008
- Studied a degree in History from Cambridge (BA (Hons), converted to MA) (2003); GDL and LPC from College of Law (2004 and 2005)
- Worked in Leasehold Enfranchisement and Residential Leasehold Law since qualifying in 2008
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
