Residential Property Litigation

Services for Landlords

 

  • Leasehold enfranchisement – dealing with tenants’ claims for lease extensions and to acquire the freehold (flats and houses) including challenging claims to maximise the premium/ground rents.
  • Tenants’ breaches – advice on enforcement including forfeiture.
  • Service charges – advising on recoverability and consultation as well as defending assessments in the Tribunal.
  • Manager/audit applications – advising on and defending tenants’ applications for an appointment of a statutory manager or for a statutory audit.
  • Right to manage – advising landlords in relation to a tenants’ right to manage application.
  • Rights of first refusal – preparing and serving Section 5 notices and advice on rights of first refusal generally.

Services for Developers

 

  • Rights of first refusal – advice on structuring investments to avoid rights of first refusal.
  • Residential service charges – advice on structuring leases to assist with recoverability of residential service charges.
  • Acquisition of the freehold – advice on claiming the freehold of certain investment properties under the Leasehold Reform Act 1967 or structuring investments so as to acquire a right of collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993.

Services for High net worth Individuals

 

  • Lease extensions – advice on and bringing lease extension claims including acquiring the lease with the benefit of a claim and assuring it is properly assigned.
  • Management issues – advice on dealing with poor landlord management including the right to manage, the appointment of a statutory manager and seeking a statutory audit.
  • Collective claims – acting for tenants collectively in relation to claims under the Landlord and Tenant Act 1987 or the Leasehold Reform Housing and Urban Development Act 1993.
  • Lofts – dealing with claims over lofts where these are not demised.
  • Acting for the successful landlord in proceedings in the First-tier Tribunal and then the Upper Tribunal. Re-hearing involving a declaration that the tenant was in breach of the lease as a preliminary to forfeiture. This involved two important points of law in relation to whether the tenant had parted with possession and whether an application for consent to assign had been made under the Landlord and Tenant Act 1988 where no notice had been given by the right to manage company to the landlord of the proposed assignment. The case is due to be heard by the Court of Appeal in April 2018.
  • Acting for the tenants of a block of flats in West London in relation to their claim to acquire the freehold of the building where the landlord, a Liberian registered company, has gone missing. This included successfully obtaining an acquisition order under the 1987 Act rather than the 1993 Act which, given the leases have less than 80 years to run, means that the tenants will avoid paying significant marriage value.
  • Acting for a Right to Manage Company in relation to mixed-use premises defending a damages claim of circa £780,000 by a commercial tenant who is claiming that the right to manage company is liable to repair the commercial unit as part of the transfer of obligations under the right to manage.