Leasehold Disputes

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

These disputes can be highly stressful as they involve your own home and you may not be clear about where you stand. We understand that the deeds and lease documents can often be complex, archaic documents and we will explain them in simplistic layman terms, so that you can understand your position.

Leasehold property is dominant throughout London and widely used around the Country, it is a bespoke area that your average Solicitor will not understand. Fortunately for you, our team have specific experience of operating in this niche area. 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.

We advise both freeholders and leaseholders on the interpretation of leases and their rights and obligations.

I need help, what can I do?

  • Contact us

You are able to call us 24/7 and leave your details with our trustworthy team. They will assess the merits of the case and get back to you as soon as possible.

  • Allocated the correct solicitor

After we have assessed your claim, we will allocate the correct representative to speak on your behalf and explain the law to you.

  • Resolve your dispute

We will aim to resolve your aim as efficiently as possible, keeping you up to date throughout.

Advice for Freeholders

Our team of expert property solicitors provide advice on the rights and obligations of leaseholders and 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.

At all times, we will contemplate operating cost-effectively and ensuring you are getting value for money is always at the forefront of our mind. We are aware of the commercial pressures that litigation can bring on both you and your opponents and we will use this tactically to get the best possible outcome for you.

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 section 20 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

Why trust our solicitors?

  • Solicitors you can rely on

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

  • Lawyers who are experts

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

  • Cost-effective

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

Client gets considerable reduction of invoice.

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.

Frequently asked questions

Why do I have to pay service charges for the communal areas of my building?

There will usually be a contractual requirement for you to contribute towards the upkeep of the building in which your property is based. You should check your title deeds and your lease, which should detail what parts of the communal areas you must contribute towards.

How much should the service charge be?

This will be dictated by the amount the landlord spends on services to the building. However, where the leaseholders own residential properties, then the law states that service charges must be reasonably incurred. Therefore, residential leaseholders do have protection from landlords incurring unreasonable service charges.

The landlord is supposed to repair the communal roof, but has not done so, what happens next?

The lease terms should be carefully considered to ensure that the landlord is actually responsible for repairing the roof, if this is the case, then a leaseholder should write to the landlord informing the landlord that the repairs need to be carried out.

This gives the landlord notice of the issues. If after a reasonable period of time the landlord has still not carried out the repairs, then the leaseholder should seek legal advice.

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    Our offices are open from Monday to Friday from 9 am to 6 pm.

    Phone:0808 231 6369
    Fax:020 7388 2106
    Address:Hodge Jones & Allen Solicitors
    180 North Gower Street
    NW1 2NB