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residential leases

 


experience

The following is a statement of FSP’s residential leases experience. The matters are described in general terms to protect confidentiality. The list is not intended to be exhaustive, but illustrative. Our specialist lawyers have an extensive range of experience in advising in this field. Please contact us for further information.
 

Collective enfranchisement

Acting for the residents of two large blocks of flats in their purchase of the freehold of the blocks and surrounding land. This involved a number of meetings with residents and the establishment of a task force to represent the residents in negotiations with the freeholder. Simultaneously with informal negotiations, we were involved in preparing and serving statutory notices under the relevant enfranchisement legislation in order to protect the interests of the residents. We put the residents in touch with a firm of surveyors/valuers with considerable experience of advising on valuation in enfranchisement cases in the area and worked closely with them in our dealings with the freeholder’s advisers. We advised the residents on appropriate methods of collective freehold ownership and set up the necessary corporate vehicle for ownership and subsequent dealings with individual leases. The residents’ ambitions were realised in large part by the establishment of a participation agreement at the beginning of the transaction and this culminated in the granting of newly extended leases to all participating residents.
 

Lease extension

Acting for the owner of a leasehold flat in Belgravia with 28 years remaining on her lease. Advising the client on the procedure for acquiring a lease extension and subsequently implementing the statutory process by the issuing of the notice to the freeholder. Liaising closely with the valuer in negotiations with the freeholder and subsequently dealing with the form of the new lease with the landlord’s solicitors.
 

Compulsory acquisitions

Acting for the owners of two flats in a converted Victorian house where the landlord had disappeared. Advising the clients of their rights under the Landlord and Tenant Act 1987 and in particular the right compulsorily to acquire the landlord’s freehold estate in the building where the landlord is not performing his obligations under the leases. We made an application to the county court and attended the hearing to give evidence of the failure by the landlord to perform his obligations. An order was made vesting the freehold jointly in the names of the lessees subject to a modest payment into court. We then acted for the clients in the granting of new extended leases to themselves.
 

Service charge disputes

Advising owner of leasehold flat in dispute with local authority landlord over service charges. After correspondence with the council and its legal advisers we were able to convince them that most of the charges being demanded were not legally recoverable by them. The reasons ranged from the lapse of time from expenditure to service charge demand (applying the provisions of the Landlord and Tenant Act 1985) and the wording of the leases which did not permit expenditure on improvements. The matter was settled without litigation and the clients paid a fraction of the amounts originally demanded.
 

Tenancy
agreement

Acting for a client owning a portfolio of residential flats in his dealings with his tenants. This involved drafting a tenancy agreement for general use in the client’s lettings and subsequently advising on the legislative provisions relating to termination of assured shorthold tenancies on the expiry of the term. In one or two cases there were tenant defaults and we liaised with our property dispute group to recover unpaid rents.