Leasehold Extension & Enfranchisement

Leasehold Property Services by Carlyon & Son

At Carlyon & Son, we offer comprehensive legal services to assist with various aspects of leasehold property management and ownership. Our expertise includes:

Service Charges

Service charges are fees that leaseholders pay to cover the costs of maintaining and managing the building in which they reside. These charges can encompass expenses such as repairs, cleaning, insurance, and other communal services. Understanding and managing these charges can be complex, and disputes may arise if charges are perceived as unreasonable or not in accordance with the lease agreement.

How we can help:

• Reviewing and interpreting your lease to clarify your obligations regarding service charges.
• Assessing the reasonableness of service charges and ensuring they comply with legal requirements.
• Resolving disputes with landlords or managing agents over service charges, including representation in tribunals if necessary.

Extending a Leasehold

As the term of a lease decreases, the value of the property can diminish, and mortgage lenders may become reluctant to finance properties with shorter leases. Extending your lease can enhance the property’s value and make it more marketable.

To estimate the potential cost of extending your lease, you can use the Leasehold Advisory Service Lease Extension Calculator. This tool provides a useful starting point for understanding the likely premium payable.

How we can help:

• Determining your eligibility for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993.
• Navigating the formal process of serving a Section 42 Notice to initiate the lease extension.
• Negotiating the premium (price) for the lease extension with your landlord.
• Representing you in the First-tier Tribunal (Property Chamber) if an agreement cannot be reached.

Buying a Freehold

Purchasing the freehold of your leasehold property, known as enfranchisement, grants you greater control over your property and can eliminate ground rent obligations.

How we can help:

• Assessing your eligibility to buy the freehold under the Leasehold Reform Act 1967 (for houses) or the Leasehold Reform, Housing and Urban Development Act 1993 (for flats).
• Guiding you through the collective enfranchisement process if you’re a flat owner seeking to purchase the freehold with other leaseholders.
• Assisting in negotiations with the freeholder and handling the legal formalities of the transaction.

The Right to Manage (RTM) Legislation

The Commonhold and Leasehold Reform Act 2002 provides leaseholders with the right to take over the management of their building without purchasing the freehold. This process is known as the Right to Manage (RTM).

How we can help:

• Determining your eligibility to exercise the RTM.
• Establishing and registering an RTM company as required by law.
• Serving the necessary notices to the landlord and handling any disputes that may arise.
• Advising on the responsibilities and obligations involved in managing the building.

Dispute Resolution and Applications to the First-tier Tribunal (Property Chamber)

Disputes between leaseholders and landlords can arise over various issues, including service charges, lease terms, and management practices. The First-tier Tribunal (Property Chamber) is the judicial body that resolves such disputes in England.

How we can help:

• Providing expert advice on the merits of your case and the best course of action.
• Assisting in preparing and submitting applications to the tribunal.
• Representing you during tribunal proceedings to advocate on your behalf.
• Supporting you in enforcing tribunal decisions and resolving ongoing issues.

At Carlyon & Son, we are committed to providing clear, practical, and tailored legal advice to help you navigate the complexities of leasehold property matters. Our goal is to protect your interests and achieve the best possible outcomes in all your property-related legal affairs.