Landlord Action

If you are a landlord and have received a claim for a lease term extension then we can advise and assist on the following:-

  • Validity of the Notice of Claim.
  • Request for a Statutory Deposit and evidence that the leaseholder is entitled to serve notice and serve a default notice if necessary.
  • Liaise with your valuer for details of the premium to be inserted in any Counter-Notice.
  • Consider the terms of the new lease that the leasehold is requesting is incorporated in the new lease.
  • Preparation and service of a positive or negative Counter-Notice, in the case of the latter preparation and issue of proceedings at County Court.
  • Where instructed, apply to a Leasehold Valuation Tribunal and/or County Court, where applicable.
  • Prepare for a formal hearing for the Leasehold Valuation Tribunal and/or County Court in the event that issues remain in dispute or ability to acquire a lease term extension is disputed.
  • Diarise dates and advise of impending deadlines.

If you have received a claim for Collective Enfranchisement then we can advise and assist with the following:-

  • Check the validity of the Enfranchisement Notice, with your surveyor appraise the status of the building and generally if whether or not the leaseholds are entitled to Enfranchise.
  • Prepare and serve formal notification to deduce title.
  • Liaise with your surveyor and supply information required in connection with the preparation of a valuation.
  • Prepare and serve a positive or negative counter-notice.
  • Undertake negotiations.
  • Diarise salient dates.
  • Where instructed, apply to the Leasehold Valuation Tribunal and/or the County Court, where applicable.

As a landlord it is vital to diarise the various dates by which you are required to comply with various provisions of the 1993 Act.  The failure for example to serve a valid counter-notice may mean that the participating leasehold can apply to a County Court for an order vesting the interest on the terms set out in its own notice. 

Failure to make applications to the LVT and/or County Court can also mean that the landlord’s interest is severely prejudiced and therefore the ability to protect your interest or undertake sometimes a tough negotiating stance is undermined, if not entirely diminished.  At Colman Coyle we are mindful that where leaseholders are liable to meet your costs as landlord, in a claim for a lease term extension or collective enfranchisement claim, we always seek to protect your position and exposure to costs.