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The Department founded in 2010 by Ian Mitchell, offers specialist enfranchisement advice to freeholders and leaseholders alike. Anthony Gold Solicitors LLP are longstanding members of the Association of Leasehold Enfranchisement Practitioners, having been involved in several high-profile cases in this area.
We are experts in procuring lease extensions for leaseholders.
Leasehold properties with less than 90 years remaining are increasingly difficult to sell and obtain mortgage finance against, with the premium payable to extend the lease only increasing as the length of the term reduces. The extension process can be lengthy and contentious if either side fail to cooperate. We frequently guide clients through difficult statutory and agreed lease extensions.
The right to manage allows leaseholders, acting through a right to manage company, to take over the building’s management without having to prove fault on the part of the freeholder so long as a prescribed procedure is followed. Once this right has been exercised, the leaseholders can take control of repairs, maintenance, and the provision of services.
This process allows leaseholders to join together and buy the freehold of their building. After acquiring the freehold, participating leaseholders can grant, renew and amend their leases and will often acquire the management of the building.
This statutory right gives leaseholders first refusal to purchase the freehold interest should the freeholder decide to sell it before it reaches the open market.
The freeholder must serve formal notices on the leaseholders giving them sufficient time to consider the offer. The freeholder cannot sell the freehold to a third party during that time. Breach of this right is a criminal offence. Should the freeholder sell the freehold without following this procedure, leaseholders may be able to take action to force the new owner to sell the freehold to them at the price the new owner paid.
The First-tier Tribunal has the power to appoint a manager and receiver or both to manage a building instead of the freeholder or their managing agent. This power is exercised when the management of a property is considered unsatisfactory by the leaseholders.
We can help you extend your lease or acquire your building’s freehold interest even when your freeholder is missing.
We regularly advise on service charge disputes, onerous lease provisions, lease variations, breach of lease claims, and block management issues.
Should you wish to discuss any of the above issues, please do contact us by phone or email.
Leaseholders proposing structural or material changes to their property often require formal consent from their freeholder to undertake such works. We regularly act on either side in producing the required documentation.
For assistance in these areas please contact:
IAN MITCHELL , Partneripm@anthonygold.co.ukOur team has expertise in pursuing litigation at the First-tier Tribunal (Property Chamber) and in the County Court. Should you wish to discuss any of the above issues, please do contact us by phone or email.