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Collective enfranchisement

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Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Removing the high bar (EE Ltd and Hutchison 3G UK Ltd v Stephenson and AP Wireless II (UK) Ltd)

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Residential service charges—restrictions under LTA 1985, s 20B(1) and contractual recovery of legal costs (No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd)

Property Disputes weekly highlights—29 July 2021

Property Disputes weekly highlights—29 July 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—29 July 2021

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

Featured Property Disputes content

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

Can a neighbour attach something to the external wall of a neighbouring property, which is said to be a party wall?

The Party Wall etc Act 1996 (PWA 1996) should be referred to for its full provisions but defines a party wall as a wall forming part of a building and...

Breach of Missives—remedies in Scotland

Breach of Missives—remedies in Scotland

MissivesThe most common form of contract in Scottish property transactions are missives of sale, see for example, the Property Standardisation (PSG)...

Discharging a charging order over land

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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19th May
Precedents

Example letter 6–Line of Junction Notice–new wall wholly on your own land

To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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19th May
Q&As

Can someone trim their neighbour’s hedge without permission which is encroaching their garden?

The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May
Precedents

Acknowledgement of Line of Junction Notice—New wall astride the boundary

To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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19th May
Precedents

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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19th May
Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
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19th May
Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
tag iconCOVID-19
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
tag iconIn-house

Most recent Collective enfranchisement content

Q&As

Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993, reached the stage of agreeing terms and premium and intended to complete shortly, but one of the leaseholders (who had been acting via their power of attorney) has now died, is it possible to still complete the enfranchisement given that the statutory deadline is approaching, and if so what is the procedure for this?

Where a house is converted into two flats and the leaseholders commenced collective enfranchisement under the Leasehold Reform, Housing and Urban...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As

In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right to collectively enfranchise under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) or are they precluded from doing so by LRHUDA 1993, s 5(5) that states that where the tenant holds more than two flats in the building they are precluded from being a qualifying tenant of more than one?

In a block comprising two flats both owned by the same joint tenants, do the joint tenants have the right to collectively enfranchise under the...
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Produced in partnership with Carl Fain of Tanfield Chambers 1st Aug
Q&As

In a notice to collectively enfranchise under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, what information needs to be given in relation to the extent of the property to be acquired (eg roof space and gardens) and the rights to be granted?

In a notice to collectively enfranchise under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993, what information needs to be...
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Produced in partnership with Christopher Snell of New Square Chambers 1st Aug
Q&As

Can I amend a notice that has already been served in respect of a collective enfranchisement claim in order to include or exclude qualifying/non-qualifying interests?

Can I amend a notice that has already been served in respect of a collective enfranchisement claim in order to include or exclude...
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31st Jul
Q&As

Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2) (who owns a share of freehold in respect of the upper flat is missing), does the leaseholder of the upper flat have a right to acquire F2’s freehold share? If the leaseholder does have a right to acquire F2’s freehold share and F2 has been missing for ten years, must F1 be served with a notice in respect of F2’s freehold share? Can the leaseholder bring a claim against both freeholders for an acquisition or vesting order of F2’s freehold share? Is F1 an interested party in any such claim?

Where the freehold of a building is split between a freeholder (F1) (who owns a share of freehold in respect of the lower flat and a freeholder) (F2)...
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Produced in partnership with Helen Galley of XXIV Old Buildings 31st Jul
Q&As

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to land contamination? Would a local authority be under an obligation by virtue of section 178 to provide replies to land contamination enquiries free of charge?

Does section 178 of the Housing Act 1985 apply to costs that arise from enquiries made by a purchaser exercising their right to buy which relate to...
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Produced in partnership with Elizabeth England 31st Jul
Q&As

Are there any provisions that permit unclaimed funds originally deposited with the Court Funds Office to be repaid to the original person who deposited them if those funds remain unclaimed after a certain amount of years?

Are there any provisions that permit unclaimed funds originally deposited with the Court Funds Office to be repaid to the original person who...
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Produced in partnership with Ryan Turner of Lamb Chambers 31st Jul
Practice notes

Estate management schemes

Estate management schemesLeasehold Reform Act 1967 (LRA 1967) and Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gave long...
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31st Jul
Practice notes

The collective right to enfranchise

The collective right to enfranchiseSubject to various qualifying criteria, tenants who hold long leases of flats have a collective right under the...
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31st Jul
Practice notes

Collective enfranchisement—deducing title and rights of access

Collective enfranchisement—deducing title and rights of accessLandlord’s right to require evidence of tenants’ right to participateFollowing receipt...
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31st Jul
Practice notes

Collective enfranchisement—participation agreements

Collective enfranchisement—participation agreementsThe need for co-operationCollective enfranchisement involves strict time limits and requires all...
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31st Jul
Practice notes

Collective enfranchisement or lease extension—recoverable costs

Collective enfranchisement or lease extension—recoverable costsThe Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) sets down...
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31st Jul
Practice notes

Quick guide to where to issue common property dispute applications

Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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31st Jul
Practice notes

Exercising the collective right to enfranchise—contract, conveyance and payment

Exercising the collective right to enfranchise—contract, conveyance and paymentNeed for binding contractAlthough the Leasehold Reform, Housing and...
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31st Jul
Practice notes

Collective enfranchisement—marriage value and hope value

Collective enfranchisement—marriage value and hope valueMarriage value and hope value‘Marriage value’ is the increase in value that occurs where a...
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31st Jul
Practice notes

Collective enfranchisement—eligibility

Collective enfranchisement—eligibilityThe right provided by the Leasehold Reform Housing and Urban Development Act 1993 (LRHUDA 1993) is for the...
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31st Jul
Practice notes

Exercising the collective right to enfranchise—applications to the court or tribunal

Exercising the collective right to enfranchise—applications to the court or tribunalValidity of initial noticeIf the reversioner disputes the right of...
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31st Jul
Practice notes

Collective enfranchisement—the counter notice

Collective enfranchisement—the counter noticeThe landlord must serve their counter-notice by the date specified in the initial notice. The...
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31st Jul
Practice notes

Collective enfranchisement—what are qualifying premises

Collective enfranchisement—what are qualifying premisesSubject to various qualifying criteria, tenants who hold long leases of flats have a collective...
Read More >
31st Jul
Practice notes

Exercising the collective right to enfranchise—leasebacks

Exercising the collective right to enfranchise—leasebacksMandatory and optional leasebacksThe nature of the collective right of enfranchisement is...
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30th Jul

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