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Commercial Property Disputes

Commercial Leasehold Disputes

Jayesh Kunwardia
Jayesh Kunwardia
Partner
Chun Wong
Chun Wong
Partner
Claire Kitchen
Claire Kitchen
Partner
Daniel Fitzpatrick
Daniel Fitzpatrick
Partner
Michael Kilbane
Michael Kilbane
Partner
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Ruhul Ameen
Partner

Leasehold disputes can often arise between freeholders and leaseholders over the terms of a lease. Disputes can be over service charges, subletting, consents for alterations to your property and rent reviews.

These disputes can be highly stressful and you may not be clear about where you stand. We understand that the deeds and lease documents can often be complex and outdated, so getting to grips with them can be tough.

We advise both freeholders and leaseholders on the interpretation of leases and their rights and obligations. After we have assessed your claim, we will allocate the correct representative to speak on your behalf and explain the law to you.

Advice for Freeholders

Our team of expert property solicitors provide advice on the rights and obligations of freeholders, such as:

  • Securing payment from leaseholders for major works improvement under the terms of the lease
  • Consultation requirements required from freeholders before carrying out major building work
  • Recovery of service charges owed
  • Resolving lease disputes
  • Presenting your case to the First-tier Tribunal (Property Chamber) or Court.

By obtaining early legal advice, we can help you to prepare a strategy on how to engage with the other parties to your lease in order to place you in a position of strength ahead of a dispute. Should matters become contentious, then we can often resolve your dispute by providing legal clarity. If you need to take further legal action, our team can provide all the experience you need to settle your dispute in the courts and tribunals or fight your corner at trial in order to maximise your chances of success.

"JAYESH KUNWARDIA IS AN EXCELLENT SOLICITOR AND HE FULLY UPDATED ME EVERY STEP OF THE WAY."

Advice for Leaseholders

Our friendly and approachable solicitors have a vast amount of experience helping leaseholders in a number of ways:

  • Challenging excessive or unreasonable service charges, particularly for major works
  • Making sure the correct procedure for leaseholder consultation has been followed before levying charges for major works
  • Disputing the need to carry out works
  • Ensuring works are carried out properly
  • Obtaining management rights or buying your freehold. Known as “enfranchisement” or “Right to Manage”
  • Obtaining consents
  • Challenging changes to your lease
  • Challenging the freeholders failure to carry out repairs
  • Making sure the lease contains power for the freeholder to recover the heads of expenditure from you
  • Presenting your case to the First-tier Tribunal (Property Chamber) or court
Contact our specialist commercial property dispute solicitors on
or request a call back.

Why choose Hodge Jones & Allen Solicitors?

Fortunately for you, our team have specific experience in commercial leasehold disputes. We cannot stress enough that it is not as easy as reading one term of the lease and thinking you have a correct answer. Leases should be pervasively read, and our eagle-eyed team will ensure the correct terms are read in conjunction with each other.

You can rely on our solicitors to defend your interests as efficiently and effectively as possible. We will keep you up to date every step of the way.

We are highly recognised in the Legal 500 guide and Chambers & Partners due to our proficiency in housing law.

There are various funding options available. Our solicitors will be able to guide you through the best option for you.

"WOULD HIGHLY RECOMMEND THIS LAW FIRM, SERVICE WAS SECOND TO NONE."

Featured case

Our client, Mr Y owned a flat where he received a major works service charge invoice for considerable structural alterations to the building containing the flat.

Our solicitors reviewed his title documents and lease. Whilst interpreting the lease, it transpired that not all of the invoice could be charged to Mr Y. Our solicitors sent a robust letter explaining the position, and the management agency charging the invoice agreed to a considerable reduction of the invoice.

 

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"Would highly recommend this law firm service was second to none."