Leasehold Enfranchisement

Leasehold Portfolio Management

We act for property investors whose portfolios of freehold and leasehold interests generate a steady flow of enfranchisement, management and disposal work.

We act for property investors seeking a diverse range of legal services. Their portfolios of freehold and leasehold investments typically generate instructions such as:

  • negotiated lease extensions;
  • statutory lease extensions, where we respond to Section 42 notices;
  • statutory freehold acquisitions, where we respond to Section 13 notices;
  • serving notices under the Landlord and Tenant Act 1987 on freehold disposals (the right of first refusal);
  • responding to LPE1 and other standard enquiries on behalf of freeholders and management companies;
  • responding to notices served on freeholders and management companies by leaseholders;
  • responding to right to manage claims made by leaseholders.

Investor clients

Our services in this area are diverse. We assist investor clients with the issues likely to arise when running a portfolio, including:

  • lease restructuring;
  • transfers to corporate investment vehicles;
  • advising on auction disposals;
  • initiating or defending proceedings in the Tribunal or court.

Questions we are frequently asked

I own a freehold ground rent investment and I have been served with a Section 42 notice. Can I just ignore it?

No. You must take immediate action, since there are strict time limits for responding to such a notice. If you fail to serve a counter-notice in time you may lose the right to dispute the premium, and the leaseholder may be able to acquire the new lease on the terms they proposed.

I am looking to sell my freehold ground rent investments at auction. Can I just ring the auctioneers and ask them to list them?

No. First, the auctioneers will want a comprehensive legal pack, with a bespoke set of contract conditions and supporting documentation. Second, before you sell you will usually need to serve notices on the leaseholders under the Landlord and Tenant Act 1987 offering them the right of first refusal. Failure to do so is a criminal offence and can allow the leaseholders to compel the buyer to sell to them.

I am a managing agent. The management company I look after has recently acquired the freehold of the block and the leaseholders are all asking about extending their leases. How can you help?

We can set up a group scheme of lease extensions. We prepare documentation in a consistent form for use in each case, consider issues such as dual insurance and existing mortgages, and work with the company’s valuer so that each leaseholder receives a clear offer.

How do I proceed?

Contact us and we can talk you through the initial steps and give details of costs.

Talk to a solicitor

Tell us briefly what you need and one of our lawyers will come back to you, usually the same working day. There is no charge for an initial conversation.