Residential Property Disputes
FDRs' Conveyancing Team have extensive experience in dealing with the legal issues surrounding residential property disputes.
This experience covers the areas of:
- Collective Enfranchisement
- Right to Buy
- Leasehold Enfranchisement & Lease Extensions
Landlord & Tenant Disputes
Residential Property Tribunals
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Rights to Manage
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Service Charge Disputes
Collective Enfranchisement
Do you own the leasehold of an apartment?
If yes, then this area of law could affect you.
If you, and someone else within your block of apartments, own a minimum of 50% of the apartments, you may be able to force the sale to you of the freehold.
New rights brought into effect by the Commonhold & Leasehold Reform Act 2002, enable leasehold apartment owners easier access to enfranchise.
Do you qualify?
- At least 2 apartments in the complex.
- At least two thirds of the apartments are leased to qualifying tenants.
- Even if 25% of the whole complex is non - residential, you can still collectively enfranchise the freehold.
Who do you need to carry out this process?
1. Valuer/Surveyor: to deal with evaluation and highlighting future maintenance issues.
2. Solicitors: to deal with setting up the Right to Enfranchise (RTE) company. Solicitors also deal with serving initial notice on the landlord; this can include chasing absentee landlords and making applications in cases where the landlord cannot be traced, in order that enfranchisement can go ahead.
Right to Buy
The Housing Act 1980 enabled people who owned public sector homes the right to buy their properties. As this is a specialist area of property law, Forshaws recommend that you seek the correct legal advice in order to ensure that no mistakes are made in the purchase of your home.
Given that there are an estimated 900,000 leasehold houses in England & Wales, the process of leasehold enfranchisement - allowing home owners to acquire the freehold of a property or extending long term leases - is an area of law that can often be complicated due to constant changes in the law over the past 100 years.
Our Conveyancing Team can help you with your leasehold problems.
