We’re quick to respond and give you clear advice on what to do and how to do it. Pragmatic and commercially minded, we offer solutions which are not only legally sound but which work in the real world – and in the context of your relationship with your leaseholder. That’s important. Because there is more than one way of resolving an issue, and it pays to get it right.
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
Enfranchisement
Enfranchisement is a niche area of law. And it is one which, as a landlord, you will need to navigate with care.
There are a few different elements to consider. A leaseholder may look to extend their lease. They may take steps to force you to sell the freehold to them, or exercise their right of first refusal, where you are looking to sell to a third party.
Whichever way you look at it, enfranchisement is laced with opportunities and challenges. Our residential leasehold specialists are here to work through it all with you. We advise high net worth UK landlords, developers and property management companies on taking the right steps when faced with a leaseholder who is requesting or forcing change. We’ll explain your options and help you decide what to do and how, making sure that your interests are properly protected.
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
Leasehold Law
Signing on the line of a lease rarely marks the end of legal complexities. Negotiating terms is one thing; keeping them relevant as time goes by is another.
Whether you are a landlord or a tenant, the strict terms of a lease can become problematic. Things change. And it can be frustrating to be tied to obligations which no longer suit you.
Our property lawyers are lease specialists. We know what the law allows and how you could use it to get what you want. You may be a tenant looking to sub-let your home; or a landlord whose tenant is looking for a licence to make alterations to the property. Any new arrangement must be laid on solid foundations, giving parties the rights and the protections they need. This is important to ensure clarity for the future, and to limit the risk of disputes.
We’ll give you clear advice on your legal rights and on the practical ways of altering the arrangement you have with your landlord or tenant – or of resisting change. There are strict processes to follow and documents to be prepared, and that’s where our technical knowledge and drafting skills will give you an edge.
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
Lease Interpretation and Policy Advice
There is an inevitability about leases. It’s that they will be written in formal legal language and contain terms which most people do not use every day. But however unclear you initially find them to be, it pays to know exactly what it is you are committing to.
We deal with leases day in, day out. We write them and we scrutinise them. And a large part of what we do is making sure that our landlord and agent clients understand every term.
We know that once a lease has been signed it is often filed away and only re-read very occasionally – usually when a problem arises, or when a party wants to do a certain thing, and the legalities need to be checked. We’ll review your lease and interpret its terms as they relate to particular circumstances. This means that you will be clear about what the lease does and doesn’t allow and you’ll be able to take the right action. You will also know where certain responsibilities lie, for instance who is responsible for repairing the property’s roof, and who is required to keep the building insured.
You will find that we break down even the most complex legal terms and clauses into plain English. We’ll spell out exactly what your lease means and why certain things have been included in it. And we’ll usually do this for a fixed fee.
Brethertons are members of ALEP The Association of Leasehold and Enfranchisement Practitioners.
Applications at the First-tier Tribunal Property Chamber FTT
The FTT is, unfortunately, quickly becoming part of every day life for most residential property managers.
Our Enfranchisement and Residential Leasehold team are experienced in dealing with all manner of service charge disputes: from disputed, multi million pound major works projects; to contested fire safety works; to global challenges by disgruntled leaseholders to every item of expenditure incurred over periods of many years; and attempted counter claims and set offs for damages, caused by leaking roofs.
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.
Dani Green, a Senior Associate, in our team is more than happy to discuss your options with you.
Breach of Lease
This is a very common problem for managing agents and landlords within the property management sector. Our committed team is highly experienced with leases and the sensitivity involved with breaches, their experience includes dealing with noise complaints, unauthorised pets, unauthorised alterations, sub-letting and repairs.
Our lawyers will adopt appropriate techniques (depending on the breach) to resolving the issues involved, ensuring professionalism at all times whilst working with you to achieve the best outcome for those involved.
Dani Green has years of experience when it comes to breach of lease matters including reviewing the lease in respect of the potential breaches and, where necessary, proceeding with the steps necessary and available to you as a landlord.
As the options for management companies differ from those available to a landlord, our Dispute Resolution may be able to assist with injunctions.
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 a specialist member of our team with experience in this niche area Verity, an Associate, who has assisted tenants in achieving their goals of purchasing the freehold and landlords in ensuring that the process is followed correctly by their tenants, Verity and with the rest of our team will translate a complicated process into a smooth, manageable transaction.
Dispute Resolution
It’s not uncommon for landlords and tenants to disagree over the terms of a lease. Getting swift legal advice offers the best chance of resolving disputes before they lead to a stalemate or a complete breakdown in relations.
Our property lawyers deal with all types of contentious leasehold issues from difficult initial negotiations, to rent reviews, to applications for lease alterations. You may be dealing with a tenant who is withholding their service charge. Or you may be that tenant and refusing to pay because your landlord has breached their obligations under the lease. Because we advise landlords and tenants, we see both sides of each situation. It means that, as well as using the law to your advantage, we’ll find the best practical way of bringing a conclusive end to your problem.
There is more than one way of resolving a dispute, however long it has lasted. While the court or first-tier tribunal is sometimes needed, it’s never our first port of call. We’ll approach your problem with the aim of working it out as amicably as possible through discussion and negotiation. We’ll recommend alternative dispute resolution methods including mediation and arbitration where we think an independent third party is needed to help sort a situation out. And we’ll always aim to minimise the time and money you’ll need to invest in getting the dispute resolved.
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, Dani 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.
Lease Compliance
If you are a management company and need assistance with lease compliance matters we would be happy to help. Wendy Parga and our expert team can assist with the issuing of Compliance Certificates, the preparation and completion of Deeds of Covenant, Licences to Assign and Receipting Notices.
We would be happy to help with all aspects of your lease compliance needs and can tailor our service to suit your business needs.
