Rights for Leaseholders
We give clear legal advice to leaseholders, freeholders and management companies on leaseholder rights
Leasehold property can be a great investment, both for landlords and tenants. But it does bring with it some key challenges with which both sides need to wrangle. Leaseholders have a number of statutory rights that they and their landlords need to understand so any issues can be addressed in accordance with the law.
Longmores’ Property Litigation team offers seasoned advice on both contentious and non-contentious issues affecting leasehold property. Our expertise goes beyond the everyday issues most property lawyers handle, with our team offering a depth and breadth of expertise across all areas of leasehold property law and wider property litigation matters.
We take pride in making life easier for our clients. Whether you need help with a property transaction, such as extending a lease, or are looking for advice on something more niche, we are ready to step in and provide the sensible, practical guidance you need.
Market leading expertise in leaseholder rights
Acting for both leaseholders and freeholders, our expertise in leaseholders’ rights includes:
- Service charge issues
- Breach of lease covenant
- Lease extensions, collective enfranchisement and right to manage
- Right of First Refusal
Based in Hertford, we work with clients all over the country, including London and the South East. Typical clients include leaseholders, freeholders, management companies and managing agents.
We also act across a wide range of property litigation matters for landlords, tenants, management companies and managing agents.
Independently recognised expertise in property litigation and leaseholder rights
We are ranked by leading client guide the Legal 500 for our Commercial Property and Commercial Litigation expertise.
Head of Property Litigation John Wagstaffe has been recommended by the Legal 500 for his litigation expertise and is a member of the Property Litigation Association and the Association of Leasehold Enfranchisement Practitioners.
Speak to our leaseholders’ rights solicitors
To discuss your property law requirements with our proactive and highly effective leaseholder rights experts, please get in touch.
Our leaseholders’ rights services
Service charge issues
Service charges are highly regulated and leaseholders have significant statutory protections against unreasonable costs. With the right advice, leaseholders can ensure they only pay what is legally due from them.
With our expertise in this technical area, we can advise you on your rights, have the reasonableness of your service charges determined by the First-tier Tribunal, and defend any claims against you for charges which are unreasonable.
Our service charge solicitors can assist with:
- Service charge advice
- Defending Court action
- First-tier Tribunal applications to determine reasonableness
Breach of covenant disputes
Where a leaseholder has breached the terms of their lease, it can adversely impact upon their neighbours in the building. Depending on the lease terms, those neighbours may be able to take action directly to address the breach or they may be able to require their landlord or management company to do it.
Our property litigation experts can advise you on whether a breach has occurred and your legal options to achieve a positive resolution. Where possible, we will seek an amicable solution, but can take decisive action where a stronger approach is needed.
Our breach of covenant solicitors can advise on issues including:
- Noise nuisance
- Unlawful subletting
- Pets
- Nuisance tenants
Lease extensions
Extending the lease of a flat or house can significantly increase its value, as well as making it more appealing to mortgage providers. While many lease extensions are straightforward, they still need specialist handling to ensure the correct process is followed. Where things are not so straightforward and there are potential problems, the right expertise is even more critical.
Longmores’ leasehold property experts regularly assist leaseholders and freeholders with both statutory and non-statutory lease extensions. We can make sure all the right steps are followed and help you protect the value of your property.
Our leasehold extensions expertise includes:
- Statutory lease extensions
- Non-statutory lease extensions
- Lease extension dispute resolution
Find out more about how we can help with lease extensions.
Collective enfranchisement
There are strict rules governing the right for a group of leaseholders to buy the freehold of their building. Leaseholders need to understand these rights to make sure their claim qualifies, while landlords need to understand them just as well, especially if they do not wish to sell the freehold.
Longmores’ property team advise both leaseholders and landlords on collective enfranchisement rules and can guide either side through the legal process. We can ensure your interests are protected and that you get the best possible deal.
Our property rights expertise include:
- Leaseholder’s eligibility for collective enfranchisement
- Participation agreements
- Advice for landlords on opposing a collective enfranchisement
- Managing a property after collective enfranchisement
Find out more about how we can help with collective enfranchisement.
Right of First Refusal
Qualifying tenants have a statutory Right of First Refusal to buy the property they are leasing if the landlord decides to sell. This can offer advantages to both parties, including achieving a favourable price for the leaseholder and having a ready-made buyer for the landlord. However, getting the process right is critical to protect both parties’ interests.
Longmores has extensive experience guiding leaseholders and freeholders through Right of First Refusal purchases. We can explain how the process works, then guide you through the purchase, making sure any issues are proactively identified and dealt with to keep things as smooth and stress-free as possible for you.
Our leasehold property experts can assist with:
- Advice on eligibility for Right of First Refusal
- Buying property under Right of First Refusal
- Selling property under Right of First Refusal
Find out more about how we can help with right of first refusal on leasehold property.
Right to Manage
There can be many reasons why leaseholders many wish to take over the management of their building. It could be due to issues with the way the current management company or managing agent have acted (or failed to act), leaseholders might be hoping to reduce their costs or it may simply be that they prefer to be in direct control of their building.
Whatever the situation, all involved need the right legal advice to make sure the transition is dealt with correctly.
Longmores leasehold property law experts can assist with matters including:
- Advice on whether the Right to Manage applies
- Exercising the Right to Manage
- Setting up a right to manage company and appointing directors
- General advice for management companies
Find out more about how we can help with right to manage.
Our leaseholder rights advice fees
We aim to provide the highest standards of legal advice, while keeping our costs as low as possible. By driving down our overheads and maintaining a keen focus on efficiency, we are able to offer property law expertise on a level with leading London firm at a highly competitive rate.
Where appropriate, we are able to handle some matters on a fixed fee or capped fee basis, making it easier for you to budget with confidence.
For more complex matters where ongoing support is required, we will work to an agreed hourly rate dependent on the level of expertise needed. We will provide a clear cost estimate at the outset and any additional expenditure will be agreed in advance, so you always stay in control.
To find out more about our leaseholder rights fees and to request a cost estimate, please get in touch.
Speak to our leaseholders’ rights solicitors
To discuss your property law requirements with our proactive and highly effective leaseholder rights experts, please get in touch.
