Leasehold management can be a complex and challenging experience, often leading to disputes that require expert legal guidance. We understand the intricacies of leasehold management and are here to help you understand the challenges and find the right solutions. Whether you are a leaseholder or freeholder, issues such as the interpretation of lease terms, service charge disputes, or the right to manage can quickly become contentious. Although the rights and responsibilities of both parties must be clearly defined and adhered to, disagreements can arise over the smallest of details.
Effective leasehold management is essential in maintaining a harmonious relationship between leaseholders and freeholders, as well as ensuring properties are managed correctly. Common problems include disagreements over service charges, the need for lease extensions, or disputes about the management of the property. These issues, if left unresolved, can lead to long-term financial and legal difficulties.
We offer a comprehensive range of services to address these challenges, including collective enfranchisement, where leaseholders can purchase the freehold; lease extensions to protect your property’s value; and right to manage claims, allowing leaseholders to take control of the property’s management. We also handle service charge disputes and can assist in appointing a manager when necessary. Our team of experienced solicitors provides practical solutions and expert advice, ensuring your rights and interests are always protected.
Specialising in Leasehold Management law
Collective enfranchisement
Collective enfranchisement allows leaseholders to group together and purchase the freehold of their building, giving them greater control over the property. This process can be complex, requiring precise legal steps and negotiations with the freeholder. We can guide you through that process, ensuring compliance with statutory requirements and protecting your interests during negotiations. Our expertise helps you secure a successful outcome, allowing you to manage your property more effectively and avoid potential disputes.
Lease extensions
A lease extension is vital to preserving the value of your property, especially as the remaining term of your lease decreases. The process can involve difficult negotiations and may lead to disputes over the premium. We offer expert advice and representation, ensuring you secure a fair extension on favourable terms. Whether through negotiation or formal proceedings, our team is here to protect your investment and resolve any conflicts that arise.
Right to manage claims
Right to manage claims enable leaseholders to take control of the management of their building, without purchasing the freehold. While the process is legally complex and can lead to disputes with the freeholder, our experienced team ensures a smooth transition. We handle every aspect, from forming the right-to-manage company, through to navigating any challenges that arise. Our team will help you gain control over the management of your property.
Service charge disputes
Service charge disputes are one of the most common issues between leaseholders and freeholders. Disagreements often arise over the amount charged or the quality of work provided. We help resolve these disputes by reviewing the charges, advising on the reasonableness of costs, and representing you in negotiations or tribunal proceedings. Our goal is to protect your financial interests and ensure transparency and fairness in all service charge matters.
Appointing a manager
When leaseholders face serious management issues, appointing an independent manager can be an attractive solution. This process involves applying to the tribunal, which requires strong evidence and legal expertise. We will assist you in building a solid case, guiding you through the application process, and representing your interests at the tribunal. Our support ensures that you gain effective management of your property, resolving any disputes.
Why choose Shakespeare Martineau?
- Our team offer prompt and professional service, whether through in-person meetings or virtual consultations, you can trust that our advice will be timely and professional, helping you feel confident in your legal matters, every step of the way
- We provide advice that is not only pragmatic and quick but also easy to understand. Every lawyer in our firm is approachable, helpful, and committed to offering reliable legal solutions, making the process straightforward for clients
- Our clear and easily understandable approach has kept clients coming back for years, knowing they can depend on us for comprehensive legal support time and time again
- Our clients regularly highlight the exceptional expertise and professionalism of our lawyers. Our team cares deeply about every aspect of your case, ensuring you receive a thorough and attentive service
Expert solutions for leasehold disputes
With comprehensive expertise in all aspects of leasehold law, our team offers tailored solutions for a wide range of lease management disputes. From complex lease interpretations to service charge disputes, our expertise ensures you receive the highest level of legal advice and representation, guiding you confidently through every challenge.
Balanced expertise in leasehold disputes
Our unique experience in representing both leaseholders and freeholders gives us a well-rounded perspective on leasehold management disputes. Understanding both sides of the issues allows us to anticipate challenges, implement effective strategies, and deliver favourable outcomes, regardless of which party we represent.
Proactive solutions for leasehold disputes
We prioritise a strategic and proactive approach to resolving leasehold disputes. By focusing on quick and efficient resolutions, we help minimise disruptions, costs, and stress for our clients. Whether through negotiation or litigation, our focus is always on achieving the best possible outcome for our clients.
Top-tier leasehold dispute resolution
Recognised as a top-tier firm in Legal 500 for property litigation, we have built a strong reputation for our proficiency and outstanding success in lease management disputes. By employing a strategic and results-driven approach, along with our in-depth understanding of recent leasehold reforms and their implications, we help our clients resolve disputes swiftly and effectively.
Related services
Meet our Leasehold Management team
Barry Jervis
Partner & Head of Litigation
Sneha Nainwal
Partner & Head of India Desk
Andrew Adams
Partner
Ben Humphreys
Partner
Tim Speed
Partner
Daniel Jennings
Partner
Jonathan Stork
Partner
James Woolstenhulme
Partner
Mark Rondel
Partner
Gary Ekpenyoung
Partner
Building a responsible business
Our commitment to sustainability and social impact
We are an accredited B Corporation that is committed to driving positive change in our communities, minimising our impact on the environment, and ensuring an all inclusive diverse and supportive culture for our people.
Wherever you are on your journey, our Leasehold Management specialists are here to answer any questions you might have
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Leasehold Management FAQs
Leaseholders in the UK have several key rights that protect their interests, including the right to:
- extend their lease;
- purchase the freehold through collective enfranchisement;
- manage the building;
- be consulted on major works and changes to the property; and
- challenge unfair service charges or lease terms.
Understanding and exercising these rights can be challenging, especially when disputes arise between leaseholders and freeholders. Our experienced property disputes solicitors can guide you through this process, ensuring that your rights are upheld and that any disputes are resolved efficiently and effectively.
Leaseholders can extend their lease by either negotiating directly with the freeholder, or by following the statutory route under the Leasehold Reform, Housing and Urban Development Act 1993. Whichever route is chosen, extending a lease can be complex, especially if negotiations become contentious. We’re able to provide expert advice on the best approach for your situation and represent you throughout the process to ensure a fair outcome.
The right to manage allows leaseholders to take control of the management of their building without purchasing the freehold and is available to qualifying leaseholders under the Commonhold and Leasehold Reform Act 2002. To exercise this right, leaseholders must form a Right to Manage (RTM) company and serve a notice on the freeholder. The process can be intricate, with strict legal requirements to follow. Our team can assist you in establishing an RTM company, serving the necessary notices and resolving any disputes that may arise, ensuring that your transition to management is smooth and legally compliant.
Service charges cover the costs of maintaining and managing a property, and they are usually shared among the leaseholders. These charges should be reasonable and reflect the actual costs incurred. However, disputes often arise when leaseholders feel that the charges are excessive or unjustified. If you believe your service charges are unfair, you have the right to request detailed accounts and challenge them through the First-tier Tribunal (Property Chamber). Our team of property dispute solicitors can help assess the validity of service charges, for both leaseholders and freeholders and represent you in any disputes, ensuring that you only pay or are paid (if the freeholder) what is fair and reasonable.
Collective enfranchisement allows leaseholders to purchase the freehold of their building together, effectively giving them more control over the management and future of the property. This process is governed by the Leasehold Reform, Housing and Urban Development Act 1993. To qualify, at least half of the leaseholders in the building must participate, and the building must meet specific criteria. Collective enfranchisement can be a complex and expensive process, often involving valuations, negotiations, and legal challenges. We can provide comprehensive support throughout the process, from determining eligibility to negotiating terms, ensuring that your collective enfranchisement is successful.
Disputes between leaseholders and freeholders can arise over various issues, including service charges, repairs, lease terms, and management responsibilities. These disputes can often be resolved through negotiation or mediation, but sometimes they require formal legal action, such as applying to the First-tier Tribunal (Property Chamber) or the County Court. Our firm specialises in resolving property disputes efficiently and effectively, whether through negotiation, mediation, or litigation. We work to protect your interests and achieve the best possible outcome, ensuring that any disputes are resolved in a timely and cost-effective manner.
There are a couple of recent reforms to leasehold law that aim to make the system fairer for leaseholders.
Leasehold and Freehold Reform Act 2024
The Leasehold and Freehold Reform Act 2024 received royal assent on 24 May 2024. While not yet law, the act will make it easier and more affordable for leaseholders to extend their leases and purchase the freehold of their property. It also increases lease extension terms to 990 years with reduced ground rent and expands the rights of leaseholders to take over building management. Additionally, the act enhances transparency around service charges and administration fees and strengthens leaseholders’ legal rights, including the ability to recover legal costs. There have been no further announcements about the implementation timetable and, due to the complexity of the legislation, it may be implemented in stages.
Leasehold and Commonhold Reform Bill
In the 2024 King’s Speech the government committed to publish a draft Leasehold and Commonhold Reform Bill. The bill aims to enhance leaseholders’ rights, including easier lease extensions, buying their freehold, and managing their buildings. It also seeks to modernise commonhold tenure, which allows freehold ownership of flats, addressing its limited adoption since 2002. The government plans to consult on making commonhold the default for new flats and regulating ground rents for existing leaseholders. Additionally, the bill will strengthen freeholders’ rights on mixed-tenure estates and eliminate forfeiture as a penalty for non-compliance with lease agreements.
Unfair lease terms can lead to significant financial and legal difficulties for leaseholders. To protect yourself, it’s essential to thoroughly review your lease before signing and seek legal advice if you’re unsure about any terms. Common unfair terms include escalating ground rents, unreasonable service charges, and restrictions on the use of the property. If you’re already facing issues with unfair lease terms, you may be able to challenge them in court or negotiate with the freeholder for more favourable terms. We can review your lease, advise you on potential risks, and represent you in any disputes, ensuring that your interests are protected.
