LEASEHOLD ENFRANCHISEMENT WORK IN GENERAL

All leasehold enfranchisement work is supervised by Samantha Bone, a Partner, with over 22 years’ post qualification experience. Her profile can be seen here.

Our firm’s head of litigation Simon Serota also deals with certain leasehold enfranchisement cases. Simon Serota has over 44 years’ post qualification experience.

Samantha is assisted by Fleur Neale who is a Senior Associate with 17 years’ post qualification experience. (Fleur also qualified as a solicitor in Australia in 1999)

Where appropriate, the team is supported by Paralegals and Trainee Solicitors. Where the team is required to be supported by Barristers, those fees are agreed with the client prior to any instruction.

Working for Landlords

In Leasehold Enfranchisement claims, Tenants are normally responsible under statutory provisions for a certain part of the Landlord’s fees for investigating the claim and any conveyancing costs. We endeavour and are successful in most claims, to recover all statutory costs where a Tenant is responsible for those fees.

A Landlord is liable to pay costs for any matters that proceed to a hearing in an independent Property Chamber. Only very few cases reach a hearing. Where our fees are not recoverable from a Tenant, those fees for which a Landlord is responsible, do not usually exceed £1,750 plus VAT (where no Property Chamber hearing takes place). VAT is charged at 20%.

When acting for Landlords, our aim is to ensure that the Landlord receives the maximum price and terms of the conveyance suitable to them for lease extensions and the transfer of its freehold premises.

Working for Tenants

When advising Tenants who seek to acquire a new lease, or collectively act together to purchase the freehold of premises, our aim is for the Tenants to acquire those new interests on favourable terms and to ensure that all relevant conveyancing documents are advantageous to the Tenant. Only a small number of claims reach the Property Chamber, with terms usually being agreed between the parties.

Our aim is to agree terms with the Landlord well in advance of any work that is required to be undertaken for a Property Chamber hearing and should such work be required, to keep that work to a minimum. Where the Tenants are responsible for a Landlord’s fees, we aim to ensure that the fees claimed are reasonable.

Proceedings before a Property Chamber

When advising both Landlords and Tenants in claims where the parties cannot agree terms and they must be determined the Property Chamber, we aim to reach terms favourable to our client. In most cases involving Property Chamber Applications, clients are billed less than £4,000 plus VAT. In a very few number of cases, where it is appropriate to instruct a Barrister, these additional fees are generally £3,000 to £5,000 plus VAT depending on the seniority of the barrister.  VAT is charged at 20%.

Proceedings before a Court

It is very rare for leasehold enfranchisement claims to be considered by a Court. Such cases tend to relate to claims of entitlement or where a Landlord has failed to respond to a Tenant’s claim. Our aim in these cases is to negotiate a settlement if possible to avoid any hearing.

In most cases where a hearing is necessary, clients are billed less than £10,000 plus VAT. Where a hearing is required, a Barrister will be instructed and their fees usually range between £5,000 to £7,000 plus VAT, depending on the seniority of the barrister.  VAT is charged at 20%.