Home > Expertise > Property > Leasehold Enfranchisement

The owners of leasehold houses and flats have been given extensive rights to acquire extended leases or the freehold under a patchwork of different statutory regimes, each with its own set of requirements, procedure and valuation formula. The legal and valuation case law has grown exponentially since the start of the new millennium, alongside ever increasing property values in London. As a result the cost of making mistakes can be high, and specialist advice is essential. The leasehold enfranchisement group at Landmark offers genuinely specialist advice to solicitors, valuers and clients. We can help at every stage, including advice, drafting, help with expert reports, and appearing in courts and tribunals. We frequently advise on related professional negligence claims.

Much of our work concerns property in Prime Central London where values are highest. We regularly act for both landlords, including London Estates, and for lessees.  Members of the group are frequently involved in litigation concerning such properties at the highest levels, including:

  • Howard de Walden Estates v Lexgorge;
  • Cadogan v Sportelli and Howard de Walden v Aggio in the House of Lords/Supreme Court;
  • Jewelcraft Limited v Pressland;
  • Cravecrest Limited v Duke of Westminster;
  • Regent Wealth Ltd v Wiggins;
  • Helman v John Lyon and Lay v Ackerman in the Court of Appeal.

We are equally happy to help with lower value property in other areas, where the issues are often as difficult and interesting. Most cases begin in the First Tier Tribunal or County Court, and we offer a range of barristers of all levels of seniority to advise and appear at this level. We are happy to approve or draft notices and counter-notices.

Lessees often seek to claim the freehold because of issues over management. We can also help with alternative solutions such as claiming the right to manage, or seeking the appointment of a manager.

We regularly advise on issues arising under the Landlord and Tenant Act 1987, including whether s5 Notices have to be served, on avoidance schemes, and on enforcement against purchasers. We also advise on the interplay between rights of first refusal and collective enfranchisement, including the relevance of s5 notices on the premium payable.

We work regularly with, and accept direct instructions from valuers. Some of our barristers accept instructions direct from clients in suitable cases.

Many of us are members of the Association of Leasehold Enfranchisement Practitioners (ALEP) and we regularly speak at seminars and conferences on this area of law. Many of our talks are available in the Resources section of the website.

The members of the leasehold enfranchisement group are:
John Male QC
Katharine Holland QC
Zia Bhaloo QC
Tom Jefferies
David Nicholls
Aaron Walder
Jacqueline Lean
Katie Helmore
Matthew Dale-Harris
Matthew Fraser
Miriam Seitler
Matthew Henderson

Useful links
FTT Decisions
Upper Tribunal Lands Chamber decisions
Relativity calculator
Upper Tribunal
First Tier Tribunal

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