Leasehold Advice Centre
This page is divided into three sections -
1. Landlords / Agents -
We have acted for a considerable number of clients across the country in relation to Lease Extensions, Right To Manage and Collective Enfranchisement. Below, in no particular order; is a small selection of Landlords & agents against whom we have / are acting. Some of these are very well known owning considerable portfolios of Freehold Ground Rents to other far smaller ones.
Assethold Limited Kittyco Limited Eagerstates Limited Omonville Properties Limited Daejan Estates Limited Baldry Son & Chandler Limited Orchidbase Limited Urbanpoint Property Management Limited Ground Rents (Regisport) Limited Solitaire Property Management Limited Southern Land Securities Limited Northumberland & Durham Property Trust Limited Sinclair Gardens Investments (Kensington) Limited Hamilton King Management Limited Cadogan Estates Limited Peverel OM Limited Regis Group (Barclays) Freeholds Limited DGA PLC David Glass & Associates (DGA) Daejan Properties Limited BLR - Basicland Registrars D J J Estates Limited Sarum Trustees Limited Kolup Investments Limited Highdorn Co Limited Tyrrel Investments Inc Wingdawn Property Company Limited Laing Homes Limited Holding And Management (Solitaire) Limited Taylor Woodrow Holdings Limited Crown Estate Commissioners G & O Estates Limited The Hampstead Garden Suburb Trust Limited Finalbrief Limited Metropolitan Realizations Limited Newservice Limited Westleigh Properties Limited The Hamiltons No 1 Residents Company Limited Regisport Limited Sidewalk Properties Limited Regisport PLC The Mayor and Burgess of The London Borough of Camden Tesco Property Holdings Limited Contactreal Limited Estates & Management Limited H & D Property Services Limited Tesco Blue (Nominee 1) Limited Priority Estate Management Limited Tesco Blue (Nominee 2) Limited Swanlane Estates Limited Pier Management Daws Investments Limited Waverley Realty Limited Great Dock Properties Limited Safeland (Ground Rents) Limited Howard De Walden Estates Limited Marshlease Limited CH Chesterford Limited Wenghold Limited Grosvenor West End Properties CH Chesterford Limited Grosvenor (Mayfair) Estate Metropolitan Properties Co (FGC) Limited Kolup Investments Limited Maxiwood Limited Rosemead Nominees Limited The Commissioners for the Exhibition of 1851 Stefos Estates Limited Asda Properties Limited Netpex Services Limited Long Term Reversions Limited Zambra Investments Limited Grosvenor West End Properties Staimon Securities Limited Mayfair Leasehold Properties Limited Finalbrief Limited Grosvenor (Mayfair) Estate Ennersdale Investments Limited Quadrant Property Management Ltd Liberty Property Management Limited Wenghold Limited Grangeward Limited Cavernlodge Limited G & O Properties (London) Limited Abacona Investments Limited Metropolitan Realizations Limited Rosekey Limited Simmons Gainsford Services Limited City and Country Properties Limited Shenstone Properties Limited 192 Queensgate Limited Denetower Limited Elliott Land Company Limited Bernard Construction Limited Lakeside Developments Limited Millgate Developments Limited Leyton Properties Limited George Jamieson Limited Cambridge Road Investments Limited SMG Management Co Limited Sarum Properties Limited Waterglen Limited BPT (Bradford Property Trust) Limited Plainworth Limited Freehold Portfolios (GR) Limited Leslie Fink Limited Liberty Property Management Limited Ault Investments Limited Freehold Securities Limited Ozzygate Limited Wynbay Limited Quadron Investments Limited Lambournes Surveyors Limited Earnsdale Properties Limited LCP Securities Limited Phyllis Trading Limited Lakeside Developments Limited Reston Limited Bracknell Forest Council Headline Developments Limited Stadium Housing Association Limited Bath and North East Somerset Council V & J Investments Limited Grayshott Investments Limited Raleigh Close Investments Limited Camaco Properties Limited Vectis Property Co Limited Shortlift Limited The Halliard Property Co Limited Escalus Properties Limited Queensville Properties Limited Ernle Estates Limited M & JS Properties Limited North Central Developments Limited Rayners Property Management Haynes (Holding) Company Limited Brinor Investments Limited Avenir Property Company Limited Denetower Limited Nelson Property Investments Limited Julex Limited The Baron Homes Corporation Limited Bull Construction Limited Saxony Development Company Corp Dexite Company Limited Arklodge Limited Joyful Investments Limited Queens Lodge Limited R.A. Creamer & Son Limited Tulsesense Limited Vectis Property Company Limited Cobstar Limited Gracewell Properties Limited Freehold Management (Traders) Limited The Mayor & Burgess of the London Borough of Lewisham Vermont Street Flats Management Limited Rosemead Nominees Limited Tepador Properties Limited Mint Property Management Limited Proudale Limited Adar International Investments Limited Raj Properties Limited Target Performance Limited Narvo Impex Limited Dorrington (Knightsbridge) Properties Limited Pemco Investment Trust Limited Knighthouse Limited Acecrown Property Developers Limited Distinctfine Limited London & Provincial Consolidated Investments Limited Bullion Properties Limited Camden Court Management Limited Estate Acquisition & Development Limited Placidi Limited Wellcastle Limited Holmwell Properties Limited Voteglen Limited Guaranteed Investments Limited The Common Estate Limited Milesahead Properties Limited Highcharm Limited Burney Reality Limited Topland Investments Mayfair Limited Hinton Landholdings Ltd Abbotswood Limited KLJ Limited Sanctuary Housing Association Landshea Estates Limited Fairfield Rents Limited Montague Alan Limited Capital & District Properties Limited Linkproud Limited RMG - Residental Management Group Limited Primeview Developments Limited Pemco Investment Trust Limited OM Properties Cormorant limited Redrow Homes Limited Alexander Wadham-Corn (Development Co.) Limited Sagitus Limited Michael Howard Lawson Hillary Estates Limited City and Country Properties Limited Gatehouse Limited Jonathan Dewan Developments Limited Earl of Plymouth Estates Limited J J & E L Developments Limited Actionleague Limited OM Properties Limited Peveril OM Limited Stonefield Estates Limited Alan Mattey The Mayor & Burgess of the London Borough of Haringey JH Watson Property Investment Limited Barnstaple Estate Investments Limited The London Diocesan Fund Triplerose Limited Kentwood House Developments Limited Vereker Property Company Limited Leanne Mattey W.J. Martson & Son Limited Imberhorne Investments Limited G & O Real Estate Limited Broadridge Limited
Absent Landlord
A Landlord that cannot be found. Where a Landlord is 'absent' then an application can be made to the Leasehold Valuation Tribunal for an order enabling the RTM company to acquire the right
Acquisition Date
Date when the RTM Company takes over the responsibility for managing the Block of Flats
Block /
Block of Flats
Block of flats that is considering forming an RTM Company to make a claim for RTM. The Block must satisfy certain criteria in so far as that: it is self-contained (or if part of another building, be capable of being redeveloped independently); it must contain at least two flats; at least two-thirds of the flats must be let to "qualifying tenants"; and part of it can be used for Commercial purposes but the Non-Residential part must not exceed 25% of the total floor area
Building Insurers
Insurer of the Building
Buildings Insurance
The insurance policy that covers the Building
Claim Dispute Reasons
The only possible reasons that a Landlord can give in the Counter Claim Notice for disputing the Claim are whether (a) the Block does not qualify (b) the RTM Company does not comply with the legislative requirements; and (c) the Members do not represent at least half of the Qualifying Flat Owners in the Block
Claim Notice -
Section 79
A document sent to the Landlord by the RTM Company notifying the Landlord that the RTM Company is exercising the right to acquire the Right to Manage the Block
Commercial Element(s)
Part or parts of a Block that are used for non residential purposes
Commonhold and Leasehold Reform Act 2002
Act of Parliament which allows Flat Owners to take over the responsibility for the management of their Block
Company Law
The aspect of law that governs the way that companies can operate
Company Secretary
A person who is elected and responsible for the administration and compliance of the RTM Company with Company Law. The Company Secretary can also be a Director
Counter Notice -
Section 84
A notice sent by the Landlord to the RTM Company that either admits that the RTM company is entitled to acquire the RTM or alleges that the RTM Company is not entitled to acquire the Right to Manage
Determination Date
A date that is set at least one month after the Claim Notice (S79) is issued by which time the landlord must serve a Counter-Claim or accept that the RTM will be exercised on the Acquisition Date
Director
A person who is elected and responsible for the running of the RTM Company. A Director is legally required to comply with company and health and safety law
Duty to Provide Information Notice -
Section 93
A notice sent by the RTM Company to the Landlord requesting information that will be required for managing the Block. This can be sent at any time after the Claim Notice has been issued
Financial Obligations
Requirements to pay certain amounts on behalf of the Block such as for insurance, repairs, maintenance etc
Flat Owner
The person who owns the lease of the flat
Freehold
Ownership of the Block subject to any Leases granted
Head Lessee
Ownership of the Head Lease from which the sub leases have been granted
Landlord
The Head Lessor or freeholder of a block
Lease
The contract / agreement between a Lessor and lessee that sets out each parties rights and obligations
Leasehold Property
A property upon which there is a Lease granted
Leasehold Reform, Housing and
Urban Development Act 1993
Act of Parliament which provides for certain Lessees (who meet the necessary qualification criteria) to acquire a lease extension
Leasehold Valuation Tribunal
The government body that determines disputes regarding matters concerning Leases, service charge disputes and the management of blocks of flats
Lessee
Someone who owns a lease on a property
Lessor
The person who owns the Freehold of the building
Long Lease
A Lease that was originally granted for more than 21 years at a premium and a low annual rent
Memorandum and Articles of Association
Documents that control and determine the running of the RTM Company
Non-Residential
Premises (or part thereof) that are not used for residential purposes
Notice of Invitation to Participate - Section 78
A notice sent by the RTM Company to all Qualifying Flat Owners in the Block inviting them to participate in the RTM Company. This can be sent at anytime after the RTM Company has been formed but it must be sent prior to the issue of the Claim Notice
Officers
The Directors and Company Secretary of the RTM Company
Qualifying Flat Owner
A Lessee (i.e. someone who owns the Lease on the flat) who has a Long Lease i.e. one that was originally granted for more than 21 years at a premium and a low annual rent
Qualifying Tenant
A Lessee (i.e. someone who owns the Lease on the flat) who has a Long Lease i.e. one that was originally granted for more than 21 years at a premium and a low annual rent
Qualifying Leaseholder
A Lessee (i.e. someone who owns the Lease on the flat) who has a Long Lease i.e. one that was originally granted for more than 21 years at a premium and a low annual rent
Reserve Fund
Money collected from Flat Owners over a period of time to provide for funds needed for future Major Works
Right to Information Notice -
Section 82
A notice sent by the RTM Company to the Landlord requesting information. This can be sent anytime after the RTM Company has been formed and before the Claim Notice is issued
Right to Manage
The right for Flat Owners, via an RTM Company, to take over the management functions of the block of flats from the Landlord or the Landlord's appointed Manager
RTM Company
A specific type of company (which is entirely different to a Limited Company) registered with Companies House that is limited by guarantee, to take over the management of the Block
Self-Contained
A Building or Block that is structurally detached (or if part of another building, be capable of being redeveloped independently)
Service Charge
Payments by owners of flats to the Landlord / Managing Agent relative to the services provided to the Block, which would or may include items relative to insurance, maintenance / repairs, lighting and cleaning of the common parts and could also include such matters as communal central heating, porterage, lifts, etc
We have been offered the Freehold for our block - what should we do?
A lot no doubt might depend upon the present length of the leases, whether the amount proposed is 'reasonable' or not & how many of the flats are interested in the proposal. A Landlord could be intending to dispose of the Freehold by Auction or by Private Treaty & in the case of the latter should serve what is known as Section 5 Notices. Usually, where a Landlord serves a Section 5 Notice it is because the Landlord intends to sell at a figure no less than that stated in the Notice. By law they cannot legally dispose of the Freehold for a sum less than they have stated. Usually, if the Offer is not accepted the Landlord will endeavour to sell elsewhere at any figure equal to or greater than the sum proposed. They have 12 months in which to do this & are not obliged to offer the Freehold again to you assuming they were to sell within the time period for a sum no less than that stated. If they are unable to sell for the figure proposed but find a buyer who is prepared to proceed at a lower figure then they would, as such, be obliged to re-offer the Freehold again to you by means of another Section 5 Notice all over again, stating the lower figure. There is a set procedure under the legislation to accept such a proposal but one should bear in mind it is the majority who need to accept so, for example, if there are 10 flats in a building 6 would need to accept the proposal, unlike the position of compelling the sale of the Freehold under S13 where only 50% of the leaseholders are required to participate subject to the other qualification requirements being met. Furthermore, where leaseholders are accepting a proposal following Section 5 the ones who are participating will have to pay the total purchase price between them so the less that participate the more expensive, 'per flat' it can be.
Why should I extend my lease? A lease is a right to use the property for a specific duration. As a lease gets shorter the value of the lease decreases, in comparison with other similar properties with long leases. It also becomes more expensive to extend the lease. It is not uncommon for it to be difficult to sell a property with a short lease because mortgage lenders may be reluctant to lend money on such properties and prospective purchasers may be reluctant to buy knowing this can affect the saleability and value of the property. Other issues could relate to high levels of ground rent or possibly 'undesirable' ground rent review clauses. There are a small proportion of leases where they have such review clauses which can significantly affect the value / saleability of the property. One of the benefits in extending a lease under the legislation is that not only does it give you a much longer term it also reduces the ground rent for the entire period to a ‘peppercorn’ (i.e. basically nil) & this is for the entire term not just the extended period. Furthermore it would do away with any further rent review clauses in the lease although given the short lease and the high level of ground rent / review clauses it is likely to be more expensive to extend than a longer lease with a lower ground rent.
I want to extend my lease. Other than the price paid to the freeholder, are there any other costs? You will be responsible for the freeholder's "reasonable costs", which includes the professional fees such as the freeholder's valuation, if he requires one and his legal costs of drawing up the new lease and the cost of his solicitor dealing with the Notice of Claim, Counter Notice etc. You do not usually have to pay a Landlord's legal costs of going to a Leasehold Valuation Tribunal but will have to pay your own.
What will it cost to apply to the LVT? There are currently no fees payable to the Tribunal for an application which relates to the enfranchisement of flats and lease extensions.
Where can I get a copy of my lease? Usually it can be obtained from your mortgage lender or the Land Registry will usually hold a copy who will provide a copy, where available, subject to a fee.
What should a summary of a service charge contain?
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how the costs relate to the service charge demand, or if they will be included in a later demand;
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any items for which the landlord did not receive a demand for payment during the accounting period;
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any items for which a demand was received and for which no payment was made during the accounting period;
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any items for which a demand was received and for which payment was made during the accounting period; and
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whether any of the costs relate to works for which an improvement grant has been or is to be paid.
I have received a service charge demand for works undertaken 2 years ago. I think this is unfair. What can I do? A landlord must demand a service charge from a leaseholder within 18 months of a cost being incurred, unless the landlord has written to inform you within 18 months of a cost being incurred that s/he has incurred a cost and s/he will seek to recover such costs through the service charge.
My landlord has completed the work without seeking my views beforehand. Will I have to pay? If your landlord failed to consult you in a situation where consultation was required your liability to pay towards the costs of the works will be limited regardless of the amount the landlord has sought to charge you. The landlord is not required to consult with you in all circumstances. Where the works required are urgent, the landlord can seek 'dispensation' from the Leasehold Valuation Tribunal (LVT) to avoid using the consultation process
We have taken over RTM. But the freeholder insists that it continues to insure the building. Is this correct? No. Your RTM limited company has taken over the management functions of the freeholder (and any management company that might have been in place). Management includes the insurance of the building. But it is specifically provided that it is entitled to arrange its own insurance in addition if it wishes - but if it chooses to do so, it will do so at its own expense.
What should the written summary of the insurance policy contain?
[1] the sum for which the property is insured [2] the name of the insurer [3] the risks covered in the policy The freehold has been sold without being offered to us. There may be a Right of First Refusal in which case there may be rights of enforcement against new purchase. It may be possible to serve a notice on the new freeholder to compel sale of the freehold. We have asked for information from the freeholder but they simply won't reply. What can be done about it? If the freeholder/management company declines to provide certain information it is required to give in response to a request under S82 or S93, one can serve on the Landlord what is called a Default Notice which gives it a further 14 days within which to comply failing which you could then bring an Application for compliance to your local County Court under S107. The Court might make a Costs Order against the freeholder as well as granting the Order requested.
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