Our Service
My practice extends to all Central London, in particular Belgravia, Chelsea, Kensington, Knightsbridge, Notting Hill, Pimlico, Fulham etc. I have considerable experience on Grosvenor, Cadogan, Wellcome, Phillimore, Sloane Stanley Estates plus other smaller estates.
I have the necessary experience to advise clients concerning large houses or flats in Central London. Freehold values may vary from, say, £350,000 to £20 million plus.
All advice and professional work is provided by me personally; none is delegated.
Leasehold Enfranchisement
The legislation includes:-1) Leasehold Reform Act 1967
2) Leasehold Reform, Housing and Urban Development Act 19933) Commonhold Act 2002
Initially the Leasehold Reform Act 1967 concerned small houses but now includes almost every leasehold house. The leasehold owner may purchase the freehold interest.
The Leasehold Reform, Housing and Urban Development Act 1993 provides the opportunity for flat/maisonette owners to purchase a 90 year leasehold extension, to be added to the existing lease.
The Commonhold Act 2002 allows flat/maisonette owners to collectively purchase their building/block of flats, but there are certain restrictions.
The legislation requires a Notice of Claim to be served on the freeholder. This document should be served by a solicitor but the appropriate valuation advice should have been obtained by the lessee before service. The 1993 Act requires an offer to be included within the Notice.
The Acts require a timetable to be adhered to. The whole process to completion of the purchase of the lease extension/freehold is likely to take not less than about six months, possibly more than twelve months. If the valuers for the freeholder and lessee are not able to agree the price, either the freeholder or lessee can refer the matter to the Leasehold Valuation Tribunal. This is a costly process which should be avoided if possible, but sometimes large sums are at stage. Either side may appeal the Leasehold Valuation Tribunal's decision to the Lands Tribunal. During the past few years certain cases have been referred to the Court of Appeal and House of Lords on matters of law.
Some lessees/tenants are frightened by the process. I will be pleased to allay your fears by explaining matters more fully and will be happy to recommend solicitors who specialise in the enfranchisement legislation, if necessary.
Valuation
The requisite valuations vary according to the Act but generally the driving forces are the freehold value and leasehold value (leasehold relativity). Valuers refer to capitalisation and deferment rates, marriage value etc.I will be pleased to explain the appropriate valuation in greater detail.
Experience
I have acted for many clients during the past 30 years, covering all aspects of enfranchisement.I am very experienced in writing the necessary reports and acting as an expert witness, having attended the Leasehold Valuation Tribunal, Lands Tribunal, County Court, High Court etc. on many occasions.
