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Monday, July 16, 2018 Mark Chick Guest Contributors

Mark Chick is a property expert, specialist leasehold solicitor and a Partner at Bishop & Sewell LLP. He is also a Director of the Association of Leasehold Enfranchisement Practitioners (ALEP) Here, Mark has written an exclusive for Leasehold Life where he focuses on a key element of the valuation calculation used to work out the cost of extending a lease or purchasing the freehold, that of deferment rate.

Part of the valuation calculation to work out what the premium to extend your lease or ...

Monday, July 16, 2018 Mark Chick Guest Contributors

Mark Chick is a property expert, specialist leasehold solicitor and a Partner at Bishop & Sewell LLP. He is also a Director of the Association of Leasehold Enfranchisement Practitioners (ALEP). Here, Mark has written a follow-on article to some background content that he provided to the Guardian on the 8th May 2014, explaining what happens next where a flat originally held on a long lease (99 or 125 years) is running down to the point where it will ‘expire’ – i.e. simply run out.

If both the...

Monday, July 16, 2018 David Whitney Guest Contributors

In a case before the Upper Tribunal (Lands Chamber) Denise Green v. 180 Archway Road Management Company Limited [2012] UKUT 245 (LC) an issue arose as to whether or not insurance premiums were recoverable. Solicitor David Whitney of Landlord and Tenant specialist law firm Painsmith Solicitors emphasises the importance of both parties to the lease complying fully with its terms.

In brief the facts were that LVT at first instance found that the insurance premiums for the disputed years were re...

Monday, July 16, 2018 Mark Hawthorn Guest Contributors

There is a market where a small group of professional landlords buy up freeholds as long-term investments. Leasehold Life is very pleased to collaborate with new guest contributor Mark Hawthorn, owner and Director of Bolton-based Landmark Investment Group where he explains this little understood market further.

Leasehold Life starts off the article.

There are 4 main areas of a lease where the ground rent investor freeholder can capitalise on his investment, starting with the most obvious; gro...

Monday, July 16, 2018 David Whitney Guest Contributors

David Whitney is a Solicitor at specialist Landlord and Tenant law firm PainSmith Solicitors who are described by Chambers and Partners as “a rarity in the UK as a true landlord and tenant boutique”. They are widely acknowledged as the leaders in the field, are accredited to the Law Society Lexcel and the Investors in People standards and provide training and legal services to “an impressive range of real estate clients”.

David also contributes to the PainSmith Landlord and Tenant Law Blog.

F...

Monday, July 16, 2018 Katie Cohen Guest Contributors

Katie Cohen is a Partner at Child & Child and a full member of the Association of Leasehold Enfranchisement Practitioners (ALEP).

For this article Katie explains what having a ‘share of the freehold’ means.

Flats within a building are held on a leasehold basis. Collectively at some point, the tenants have bought the freehold of the block of flats usually in the name of a company. Although the individual flats are still held on leases, the freehold is owned by a company in which all tenants ...

Monday, July 16, 2018 Shamin Kashem Guest Contributors

The following article from guest contributor Shamin Kashem, Solicitor at award winning HPLP, highlights the situation that some leaseholders find themselves in when they want to buy the freehold but the freeholder owns and lives in one of the other flats in the block. 

Different scenarios will be illustrated by starting off on the basis that the flat owner would not qualify because of the “resident landlord exemption” which is set out in s10 of the Leasehold Reform Housing and Urban Developme...

Monday, July 16, 2018 Shamin Kashem Guest Contributors

Shamin Kashem is a Solicitor at the award winning Housing and Property Law Partnership. For this article he is looking at why flat owners who jointly own their property and who are about to sign a Transfer of Equity (e.g. as a deed of gift, or on separating/divorce, or perhaps due to a remortgage) should seriously consider a lease extension under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (the 1993 Act). It could save or could lose thousands of pounds!

Anyone w...

Monday, July 16, 2018 David Whitney Guest Contributors

David Whitney is a Solicitor at specialist Landlord and Tenant law firm PainSmith Solicitors who are described by Chambers and Partners as “a rarity in the UK as a true landlord and tenant boutique”. They are widely acknowledged as the leaders in the field, are accredited to the Law Society Lexcel and the Investors in People standards and provide training and legal services to “an impressive range of real estate clients”.

David also contributes to the PainSmith Landlord and Tenant Law Blog.

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Monday, July 16, 2018 Katie Cohen Guest Contributors

Katie Cohen is a Partner at Child & Child as well a a full member of the Association of Leasehold Enfranchisement Practitioners (ALEP).

For this article, Katie focuses on how leaseholders can acquire the freehold from a bankrupt freeholder.

A bankrupt individual is someone who has been adjudged by an order of the court as being unable to pay their debts. An individual who believes they are insolvent may petition the Court for their own bankruptcy or a creditor may issue a bankruptcy petitio...

Monday, July 16, 2018 Katie Cohen Guest Contributors

Katie Cohen, a former Partner at JPC Law is now a Partner at Child & Child.~
This time Katie introduces us to enfranchisement and explains why leaseholders should do it.

 When you own a leasehold flat, you must be aware that a) its value diminishes as the term of the lease gets shorter and b) you have a statutory right to enfranchise. Enfranchising enables you to either extend your lease by 90 years and/or collectively buy the freehold with most of your fellow lessees.

Where the lease falls u...