Landlord & Tenant Disputes

Lease Extension (of 90 years plus unexpired term) under the Leasehold Reform Housing and Urban Development Act 1993

If the Landlord’s Counter Notice does not admit the Tenant’s right to a new Lease or there is a dispute about the price or other terms then there are time limits within which an application to the Court or the First Tier Tribunal (Property Chamber) as appropriate must be made to determine the issue in question.

Collective Enfranchisement by owners of flats in a building joining together to buy the Freehold of the building under the Leasehold Reform Housing and Urban Development Act 1993

There is a strict notice procedure with specific time limits within which applications have to be made to Court or to the Property Chamber including:

• Application to Court for a Vesting Order if the Landlord fails to serve a Counter Notice to the Initial Notice on behalf of the qualifying Tenants.
• Application to Court if the Landlord disputes the entitlement to collective enfranchisement in his Counter Notice.
• Application to the Property Chamber to determine the terms of acquisition if they are in dispute.

Right of a Tenant of a long Lease of a house to acquire the Freehold (enfranchisement)

If the Landlord does not admit the Tenant’s Notice claiming the right the Tenant will have to apply to Court to obtain an Order to acquire the Freehold.

Alternatively, if the price payable or the other terms of the acquisition are in dispute, the Tenant will need to apply to the First Tier Tribunal (Property Chamber).

Tenants’ right of first refusal under the Landlord and Tenant Act 1987

Subject to various qualifying requirements, if the Landlord of a building containing flats where at least 50% of the building is in residential use, proposes to sell the Freehold then the Landlord must first offer to sell the Freehold to the Tenants by Notice before offering it on the open market. This is known as the Tenants’ right of first refusal. If the Landlord fails to do this then the qualifying Tenants can enforce their rights to acquire the Freehold on the same terms as the Landlord contracted to sell the Freehold for or had sold it for.

Right of Tenants of Leasehold flats in a residential building to acquire the right to manage the building under the Commonhold and Leasehold Reform Act 2002

Provided the qualifying requirements are met the Tenants can join together to have the management functions of the Landlord transferred to a right to manage Company (“RTM Company”) on their behalf provided that the Notice procedure is followed correctly.

If the Landlord disputes the entitlement to acquire the right to manage the RTM Company has to apply to the First Tier Tribunal (Property Chamber) within 2 months of the Landlord’s Counter Notice for a declaration as to whether the RTM Company is entitled to acquire the right to manage.

Disputes about Service Charges or other differences under your Lease

We can advise you if you have a dispute with your Landlord as to the Service or administration charges, rent arrears, work which the Landlord proposes to carry out or other issues.

Security of Tenure for residential Tenants and possession proceedings

Advising you if your Landlord serves Notice to end your tenancy (whether a Notice under section 21 of the Housing Act 1988 or on grounds of alleged rent arrears or breach of tenancy) and on the Court process.

Commercial Lease Disputes

Advising you about:

• Termination and renewal of Leases of commercial premises. The Landlord may have served a Notice under section 25 of the Landlord and Tenant Act 1954 to end your Lease and giving reasons for refusing a new one or may have served a Notice saying that he would not object to a new Lease and proposing terms for a new one alternatively, the Tenant may wish to bring matters to a head by serving Notice to request a new Lease and proposing terms for a new one. Our Commercial and Business Services Department can advise you on trying to agree the terms of a new Lease but if matters cannot be resolved by agreement our Dispute Resolution Department are familiar with the procedure involved if it is necessary to apply to Court for a new tenancy or for the Court to determine the terms in dispute.
• If the Landlord serves you with a Schedule of Dilapidations alleging that you are in breach of your repairing obligations under the Lease at the end of the term.
• Disputes about rent arrears, alleged breach of Covenant or other issues.