Property: Leasehold Enfranchisement

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We are one of the pre-eminent firms in the specialist and complex area of leasehold enfranchisement, recognised by industry commentators for our “high level of expertise, depth of applied knowledge, excellence in client communications, and innovation in enfranchisement”.

Leasehold enfranchisement adds value to leasehold properties. Through leasehold enfranchisement, tenants who hold a lease of 21 years or more can pay to extend that lease for a further 90 years or join with their neighbours to buy the freehold of a block of flats.

Our substantial property and property litigation departments overlap to form an all-encompassing leasehold enfranchisement team handling hundreds of cases each year.

The Wallace LLP litigation team is one of the most experienced in leasehold enfranchisement. They really are one of the best in the field. They have dealt with complicated cases with consummate ease whilst fighting their client’s corner with the most favourable outcomes.” Legal 500, 2021.

Personal attention from the partner directly, who has exceptional leasehold and litigation expertise.” Legal 500 2022

 
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Notable case references

  • Brickfield Properties Ltd v Soil Miah Ullah & others - Acting successfully for a landlord on an appeal to the Upper Tribunal to review and overturn a decision of the first tier tribunal specifically in relation to the calculation of relativity in a lease extension claim.

  • Deritend Investments (Birkdale) Limited v Tresknova - 5 Mansard Manor, successfully appealed a decision of the Property Chamber and obtained an influential Upper Tribunal decision concerning the determination of relativity for the new lease claims under the 1993 Act.

  • Acting for the FTSE 250 listed Freshwater Group of Companies, one of London’s most prominent landlords, in hundreds of enfranchisement cases per year

  • Acting on behalf of Lexgorge in the Supreme Court appeal on a landmark case on the definition of ‘a house’.

  • Advising on behalf of US private equity group Westbrook Partners in the largest enfranchisement claim to date.

  • Acting on behalf of Daejan Estates Limited to obtain one of the first orders under ‘Rule 13’ to recover costs at the Tribunal caused by unreasonable conduct from the opposing party.

  • Acting for Kateb v Howard de Walden at the Court of Appeal on whether the freeholder can bind an intermediate landlord as to the amount payable to it on the grant of a new lease.

  • Acting for Whitehall Court London Limited v the Crown Estate at the Court of Appeal on the statutory interpretation of calculating the premium payable to the intermediate landlord and the contractual interpretation of a complicated overage provision within a headlease.