Enforceability of Restrictive Covenants
Restrictive covenants can stymie development. The case of Bath Rugby Limited v 77 Great Pulteney Street Limited and Godfrey Douglas White and Others illustrates the point.
With years of experience acting for both flat owners and landlords our partner led offer will help you understand and navigate this and related rights in a straightforward and cost-effective way. Our experience and industry relationships mean that we can offer a fixed price service covering all the legal and valuation advice you need.
As members of ALEP, the Association of Leasehold Practitioners, we are able to provide expert legal advice that helps you achieve your objectives while extending your lease. We offer transparency in respect of all our costs and we always provide a full quotation at the outset of your case. In the majority of cases we can provide a quotation for a lease extension on a fixed fee basis.
We have created a solution to make the process of extending a flat’s lease as straight forward and cost effective as possible where the premium is likely to be moderate and there are no complicating factors.
To ensure peace of mind we provide the advice flat owners need in one place for a fixed overall fee. We arrange the valuation to save time and effort with our trusted partners who will advise you of the premium payable for a new longer lease and subsequently deal with all of the negotiations on your behalf. We undertake the end-to-end legal process and related conveyancing.
The fee for this service is £3,500 plus VAT and disbursements (payments you must make to third parties that we help organise for you such as Land Registry fees to obtain copy documents, for example your title and lease, and to register your claim notice and the new lease & stamp duty where applicable). It does not apply where the premium is likely to exceed £40,000.00 or to Complex Matters outside the fixed fee offer. Should Tribunal or Court Proceedings be required, these costs fall outside of the fixed fee offer details of which can be found here.
To proceed Click here. As a first step we will undertake a conflict check to ensure that we can act for you and confirm whether this service is available to you. This may take 2 or 3 days. Details of the process are set out here.
Restrictive covenants can stymie development. The case of Bath Rugby Limited v 77 Great Pulteney Street Limited and Godfrey Douglas White and Others illustrates the point.
The Ministry of Housing, Communities and Local Government (MHCLG) has recently published a roadmap setting out its proposals for reforming the residential home buying and selling process in England and Wales.
The stated aim is a familiar one: property transactions are often slow, expensive and uncertain. Buyers and sellers can spend considerable sums on surveys, legal fees and mortgage arrangements, only for a transaction to collapse shortly before exchange of contracts. The Government estimates that hundreds of thousands of transactions fall through each year, resulting in significant wasted costs and frustration.
In this second article in our series of three we look at what it means for residential leaseholders and their landlords following the Government’s confirmation that it will enact the remaining Law Commission recommendations around enfranchisement rights (leaseholders rights to extend their lease or acquire the freehold to their house or block of flats).
The Law Commission’s recommendations are set out in its report “Leasehold Home Ownership: Buying Your Freehold or Extending Your Lease”. The stated intention of the recommendations was to “help make our homes our own rather than someone else’s asset. They are intended to make the law work better for leaseholders”. Their report was described as a root and branch review of enfranchisement rights.