Landlord & Tenant

(Residential Property)

Leading every transaction to ensure its successful and timely completion

We advise on all types of residential landlord and tenant matters, often including:

Is it worth buying the freehold?

It is usually the case that all of the leases in a block of flats have the same term and therefore all need extending together. Whilst an individual leaseholder will have the right to extend their lease, for various reasons it can be more efficient and cost-effective to collectively buy the freehold, and then grant yourselves lease extensions as a separate step once the freehold purchase completes.

Possession proceedings pursuant to the Housing Act 1988

Service of Section 8 and Section 21 Notices
Preparation, issue and service of possession claims pursuant to the Notices above;
Enforcement of possession orders.

Possession proceedings for non-assured tenancies of residential property

Service of notice pursuant to the tenancy agreement (or common law tenancy)
Preparation, issue and service of possession claims pursuant to the Notices above;
Enforcement of possession orders.

Does this mean I won't have to pay ground rent?

The group of leaseholders who participated in the process can elect to stop charging themselves ground rent if they wish. They will be able to charge ground rent from all the leaseholders who did not not participate. They can grant themselves lease extensions and, depending on the structure of the leases, take over management responsibilities for the site.

Is is difficult to get leaseholders to agree?

It can be. A number of different issues should be addressed:

Attending “group session” meetings where the process is explained, documents are signed and questions are answered.
Using a Participation Agreement to ensure participators remain committed to the process throughout.
Forming a limited company to acquire the freehold, which is usually appropriate in all cases except for the smallest freehold acquisitions.
Establishing “group liaisons” who channel information both ways between lawyers and participators.

Enforcement of leasehold obligations

Synopsis and interpretation of existing tenancy
Service of notice requiring remedy of subsisting breach
Preparation, issue and service of claim for remedy of the breach
Enforcement of ensuing orders.

Deposit protection claims

Examination of your tenancy to ascertain whether the landlord has complied with statutory regulations
Pre-claim procedure
Preparation, issue and service of claim for compensation
Enforcement of judgment.