Residential Landlord and Tenant

Residential Landlord and Tenant

Our specialist team has in depth experience in advising both landlords and tenants, including social housing landlords, on issues arising in relation to short and long term tenancies of residential property. Our solicitors regularly appear before the Leasehold Valuation Tribunal, Lands Tribunal, the County Courts and the High Court as well as representing their clients at mediation in relation to these issues.

Their areas of expertise include:

• Leasehold Enfranchisement: Acting for both freeholders and long leaseholders on claims for leasehold enfranchisement including advising on the qualifying criteria for participation, setting up the nominee purchaser company, service of relevant notices, responding to defective notices and acting on applications to the Leasehold Valuation Tribunal to determine the terms of the transfer of the freehold interest.

• Lease Extensions: Acting on claims to extend leases including the service of relevant notices, obtaining valuation evidence and the referral of any dispute as to the premium payable to the Leasehold Valuation Tribunal.

• Rent and Service Charge Disputes: Bringing claims for the recovery of rent and service charge arrears and advising on the right to recover the cost of works undertaken through the service charge, including advising on the statutory consultation process in respect of major works and qualifying agreements. We also act on applications to the Leasehold Valuation Tribunal for a determination as to the reasonableness of service charges. Read our article on “Recovery of Costs of Major Works to Leasehold Residential Property”.

• Breaches of Covenant and Forfeiture Proceedings: Advising on issues arising in relation to breaches of covenant by both landlords and tenants, including the service of S.146 Notices and claims for forfeiture.

• Assured Shorthold Tenancies, Assured Tenancies, Rent Act Tenancies and Licenses: Advising on all aspects of the management of property let on short term tenancies, including the protection of deposits in Tenancy Deposit Schemes, the recovery of possession, issues in relation to disrepair and rent increases. Read ou articles on “Tenancy Deposit Schemes: Consequences of Failure to Register Deposit” and “Tenancy Deposit Schemes: Imposing Financial Penalties on Landlord after Tenancy Ends”.

Residential Property Management Services: We work closely with our Real Estate Team in providing a full residential block management service to landlords including dealing with applications for consent to make alterations, applications for licence to assign or sublet, recovery of arrears of ground rent and service charges and dealing with problem tenants. Please contact us for a bespoke quote for this service.

If you would like to know more, please contact Vanessa Joll, Head of Property Disputes, by emailing Vanessa or by calling her on 08450 990045, or speak to your usual contact in the Property Disputes Team.