We provide specialist, practical advice on most areas of Property Law.
We work for a wide range of clients – Developers, Managing Agents, Management Companies, Freeholders, Insurers and Individuals alike.
We are able to advise quickly and can take action if things have gone wrong.
Our emphasis is always on communication and working in partnership. We will work closely with you at all stages in the process to achieve the right outcome.
Some of the areas that we are expert in are:
Quality and expert advice for Landlords and Leaseholders – advice and action all in one place.
• Management and guidance of the process at each and every stage.
• Talk to us about our fixed costs solutions.
• Clear and concise advice on Statutory and Non-Statutory routes.
• Commercial approach throughout negotiation.
It is essential to get experts on board at an early stage.
The amount of time remaining on a lease directly affects the financial amount involved in the transaction for either party.
A full valuation from a Chartered Surveyor is essential and can be obtained on your behalf so that you can properly and persuasive propose or oppose the premium to be paid.
We can take care of any formal notices together with any negotiations that are required (negotiations usually concern the premium).
We can easily obtain (using our Land Registry account) all of the necessary documents at the outset. This will allow us to review the situation and advise on the eligibility criteria.
We can register the new lease at the Land Registry, once the process is complete.
To instruct LMP Law today please contact us.
A “right of way” is the right to pass over one property to access another and this allows owners and occupiers to gain access to their land across land that is not their own. A “right of way” can be created by one party, granting the other a documented right. Alternatively, they can be created if a route is used for a certain period of time and in a certain manner.
The most common dispute is when a right of way is interfered with.
Other examples include the excessive use of rights of way and the failure to maintain the right of way.
If you are being prevented from exercising your right of way then you may be able to take action. If a resolution between the parties is not possible, you may apply to the Court for an injunction, restraining the behaviour you are complaining of. Alternatively, you may receive financial compensation.
Whatever the nature of your right of way dispute, get in touch and let us explore with you where we can assist.
Expertise matters – Attention to detail coupled with technical and up to date legal expertise helps our clients navigate through the legal process.
• We recognise the importance of keeping at the forefront of the changing legal landscape.
• Hands on approach and one point of contact from start to finish of your case.
• Experienced in working in partnership with multiple parties to achieve desired outcome.
• Ability to advise and handle the process on complex developments.
The Commonhold and Leasehold Reform Act 2002 introduced the Right to Manage.
This is a no fault process that will allow a group of qualifying leaseholders to acquire the right to manage over qualifying premises.
This means that the Leaseholders, through a special company, will take over the Management from the Landlord/Management Company.
The idea was to give the Leaseholders a chance to take control of the management and prevent disputes in relation to the Services that are provided. The fact that it is a no fault process means that the performance of the Landlord/Management Company is not an issue.
The Legislation is very strict and it is important that the process is followed to the letter. Failure to follow the procedure can invalidate an application by the Leaseholders or result in a Landlord/Management Company not having the chance to dispute the application.
The basis of unsuccessful applications is often a procedural issue. The legislation is changing regularly and it is very important to get it right.
If you are interested in exercising your Right to Manage or you have received a claim Notice and would like to discuss then please contact us.
Take advantage of our knowledge and understanding of First – tier Tribunal applications and processes.
• Clear and non-legalistic analysis of issues and merits of any situation.
• Ability to narrow down issues and save time and costs.
• Transparent costs arrangements.
• Focus on early resolution and maintenance of different parties relationships.
The First – tier Tribunal Property Chamber, often known as the FTT is the specialist Court that deals with all things Leasehold. Like the County Court they are tasked with making determinations on specific Leasehold issues.
The Tribunal does not have a Judge but normally has a panel of 3 (being a Lawyer – who is often the Chair Person, along with a qualified surveyor and lay person).
The FTT can hear cases with either a hearing or without (on paper) depending on the complexity of the issues at hand and the wishes of the participants.
The FTT’s jurisdiction is to deal with the following sort of issues:
• Reasonableness of Service Charge Applications
• Breach of Lease Application
• Appointment of Manager
• RTM Disputes
• Enfranchisement Disputes
• Lease Extensions/Variations
• Interpretation of Leases
LMP Law has years of experience in dealing with the FTT.
If you have any queries with regards to the FTT or you need representation then please contact us.
Here at LMP Law we have the expertise and resolve to work with you in resolving your restrictive covenant dispute.
The term, “Restrictive Covenants” is one of the most searched Property Law terms of all.
In the context of property, a restrictive covenant is a promise by one person to another not to do certain things with the land or property.
In our experience, we have seen many different types of restrictive covenants.
Whether the restriction is on the building of further properties on a plot of land, or the type/style of the building itself, the potential restrictions are endless.
They are usually detailed in documentation held at the Land Registry. In some circumstances, you may need to delve into old conveyancing documentation to explore the restrictions in greater detail. Of course, we can assist in this process.
What is certain is that the law in this area is complex and the ramifications of a dispute can be huge. If a dispute is not settled amicably between the parties, the Courts may become involved and injunctions and damages are commonplace. It is also possible to apply to the Upper Tribunal (Lands Chamber) for the modification or discharge of a restrictive covenant. Certain criteria need to be satisfied and there remains the possibility that the Tribunal either upholds the enforceability of the covenant, or orders the modification or discharge subject to compensation being paid.
Whether you benefit from a restrictive covenant, or are burdened by a restrictive covenant, get in touch and let us explore with you where we can assist.
Specialist knowledge on hand to navigate through the whole or any part of the process.
• Advising on:
- statutory provisions
– case law
– communication requirements
– tender process
– record keeping
Often with leasehold developments large expenditure items can be required. Legislation under the Landlord Tenant Act 1985 (as amended by s151 of the Commonhold & Leasehold Reform Act 2002) has placed upon Landlords and Management companies alike the need to consult with Leaseholders on major projects.
The two categories that need to be consulted on are:
• Major Works – These are sets of works that will incur a cost of over £250.00 per Leaseholder.
• Qualifying Long Term Agreements (QLTA) – These are contracts that are entered into that are over 365 days.
The Purpose of consultation is to include leaseholders in the process in order that they are both aware of it and have an opportunity to make observations particularly regarding large items of expenditure that are likely to result in an increased service charge.
There is a set procedure with strict timelines to be followed by both the Landlord and Leaseholder.
If Landlords/Management Companies fail to follow the procedure then they can be limited to charging the Leaseholders only £250.00 each or find that contracts that are entered into are limited and this can cause severe consequences.
If the correct process has not been followed then there is a possibility that the First – tier Tribunal Property Chamber could grant a dispensation from the need to consult but a formal application will have to be made.
If you have any queries regarding Section 20 Consultation then contact us.
Commercial advice on Mixed Use Developments
Specialist problem solving for Live, Work, Play communities….
• Modern thinking to assist often complex scenarios.
• Providing a different approach for mixed use buildings.
• Cost structures to secure success.
• Dedicated specialists committed to uncovering the desired result.
Questions or queries in relation to commercial properties within residential developments or mixed tenancy occupancies regularly find their way to us.
Property Managers often manage a variety of different style properties and so their skill set has become quite diverse. We focus on building enhanced relationships and open communication is key to ensuring that issues don’t arise or when they do that they are dealt with swiftly and commercially.
There can be many different aspects to consider such as what happens to the commercial units when the rest of the development wants to go down the Right to Manage route? How does the relationship work with a Housing Association? What is the process for shared ownership houses who have an interest in staircasing?
Please contact us and we will be able to assist.
Unravelling all Service Charge Disputes.
Getting to the crux of Service Charge disputes without getting lost in the detail.
• Laser like focus on the issues that count.
• Down to earth approach to dispute resolution.
• Ability to bring parties together and maintain relationships.
• Avoidance of court proceedings where possible.
The reasonableness of service charges is often the start and end point for many service charge disputes. However, lots of other issues also arise and need to be dealt with. Tricky maintenance works or challenges over costs are common.
Having a lawyer with Landlord and Tenants Law know how is essential. LMP Law have experience at the First – tier Tribunal, County Court and also in Mediation so that a swift conclusion to your matter can be bought about.
Sometimes agents can take on management of new properties without full knowledge of the content of the leases and regularly Leaseholders sign up to a lease without realising what the requirements are within it. Both of these scenarios can often be the direct route to legal proceedings.
We can help you to interpret your lease and provide you a definitive guide on its content. Including;
• Who should pay what, to who and when?
• The value of the lease – what is the term and how does this affect you?
• Community rules – knowing the leases restrictions and requirements and being able to spot breaches that are relevant and affecting other leaseholders is essential.
• Maintenance – who is responsible and for what and when?
It’s really important to read the lease (the WHOLE lease) but they can be difficult to interpret – particularly if they are quite old. Despite that, it is hard for any party to say that they aren’t aware of something that is clearly stated (albeit deeply) within the numerous clauses of a lease.
For legal advice or assistance on leases and interpretation of lease clauses we’d love to hear from you.
A Right to Light is created or acquired through certain circumstances. A wrong hasn’t necessarily been committed even if a neighbour extends or builds their property or creates a blockage that overshadows a neighbouring property.
Should you be able to establish that you have a Right to Light, the test to employ is not whether the amount of light is reduced as a result of the blockage, but whether the light left is reasonably sufficient. It is a well established rule that no actionable wrong is committed if the amount of light remaining is sufficient for the comfortable enjoyment of your property.
A supportive chartered light surveyors report is often required. Any court would also consider a whole host of factors in deciding what action it would be prepared to order where a right to light is established and an interference is held to be actionable.
If you think that you may have a Right to Light claim then we can offer practical and specialist advice. The courts also tend to favour communication and mediation between the parties before any formal action is taken. We understand that and we are here to help.
If you have any concerns over Party Walls then we can guide you through the steps to take.
Are you carrying out work on a party wall and need to know about notices? Note that there is a prescribed procedure to follow.
Is there a dispute with your neighbour over works or intended works to a party wall? An injunction can be applied for in relation to works that have caused damage or are anticipated to cause damage.
Do you need to involve a surveyor? Sometimes it is essential to get an expert on board early.
We can assist with all of the above and can act quickly to resolve or avoid any dispute and also help to ensure that any intended work is done properly under the correct dispute resolution procedure.
Access to neighbouring land can either be allowed by the owner of the land or provided by an easement contained within the deeds.
If you don’t have permission or a right then court action may be appropriate. The court will decide whether or not to grant an Access Order.
There are lots of things for the court to take in to account but before taking action it is particularly important to consider the following;
– Will access cause interference or disturbance to a neighbours enjoyment of their land?
– Will the neighbour suffer hardship?
Neither of the above are insurmountable if it would be possible for the court to impose a simple term or condition within the Access Order to overcome them.
For legal advice or assistance we’d love to hear from you.
The test will often be the detriment suffered. For example;
• Does the nuisance reduce the quality of a neighbour’s enjoyment of his land? or
• Does the nuisance involve physical damage to a neighbour’s land?
Any court will want to hear evidence about;
• the location of the land
• the duration of the nuisance
• the nature of the claimant
• the normal use of the land
• the defendant’s intention
If physical damage is caused to a neighbour’s property, the court will tend to avoid carrying out the balancing exercise set out above, and will usually only be concerned to establish that the damage claimed is not insubstantial and that, as above, the claimant is not unduly sensitive.
The main defence to a nuisance claim is that the matters complained of do not amount to an unreasonable use of land, or are not detrimental to the claimant’s land.
It is likely that expert evidence will be required to prove or defend a claim.
The usual remedy sought by a neighbour in a private nuisance is an injunction to stop the nuisance from happening. In addition to an injunction, damages can be sought, to reflect the loss that the neighbour has suffered as a consequence of being subject to the nuisance.
To instruct LMP Law today please contact us.
Leasehold Enfranchisement (also known as Collective Enfranchisement or the Right to Enfranchise) is the right for leaseholders to join together (under the Leasehold Reform, Housing & Urban Development Act 1993) to start the process of buying the freehold of their block from their landlord.
Enfranchisement can be slightly more expensive than other options such as Right to Manage but has the advantage that leaseholders will no longer have to pay ground rent and the value of the individual properties are likely to increase. When leaseholders buy the freehold they become both landlord and tenant and can extend the lease of their flat by granting new leases of up to 999 years.
There is qualifying criteria to be met and a legal process to follow. It can often become a tricky area of law where it is essential to get expert advice. Valuation of the freehold is crucial and we can obtain a detailed valuation from a surveyor for you.
We can manage the process on your behalf from day one to ensure the best outcome and we would love to hear from you.
There are many types of Breaches of the Lease that will give rise to the enforcement of the forfeiture clause. A few examples are:
– Failure to pay service charge
– Breach of Regulations
– Alterations without consent
There are different procedures that have to be followed based on whether or not the property is commercial or residential and what type of breach has occurred. Specialist advice is often required.
LMP Law have years of experience dealing with possession proceedings for various breaches of the Lease and can offer advice on the best steps in dealing with these types of proceedings. If you have any questions please contact us.
Landlords and Management Companies have to deal with these types of situations by responding and taking action or alternatively by having the opportunity to gain management of a building.
The First – tier Tribunal Property Chamber (FTT) have the power to appoint a manager to carry out the services and replace the existing party.
The person who is unhappy with the level of services will have to meet certain criteria to make an application to the FTT. They should hold a legal interest in the Leasehold and they will have to make a detailed application.
The FTT will consider evidence and give a ruling. It is important for parties to keep documented evidence in order to either prove or disprove accusations regarding the services.
LMP Law has both experience in making and defending such application and can offer frank advice on the merits for both Leaseholders, Landlords and Management Companies.
If you would like more information on these types of application then please contact us.
The lease will contain covenants, rules and regulations regarding the parties responsibilities to each other and also to the property or development as a whole. The lease will provide rules on what each party needs to do or how they should act or behave around the development.
This can include:
– When to redecorate?
– Who pays for the insurance?
– Can washing be hung out?
– What about satellite dishes?
– Carpeted floors are required to prevent sound
– What windows there should be?
– Are pets allowed?
– When can music be played?
– How often should the grass be cut?
The list above is non exhaustive and Leaseholders and Landlords alike need to keep a careful eye on ensuring that all parties are both aware and complying with the regulations.
If someone does not abide by the regulations then it can amount to a breach of the Lease and this is very serious. In fact, Landlords are under an obligation to the other Leaseholders to take action and enforce the Breach of the Lease.
Any action is likely to incur costs and possible action in the First – tier Tribunal Property Chamber or County Court. In extreme circumstances it might result in possession proceedings by way of forfeiture of the Lease.
Costs in taking action are often recoverable from the other party but an expert hand is often required. If we can help interpret and enforce your Lease then we would love to hear from you.
Loud music, shouting and banging are commonplace and can quickly become unbearable.
Taking proceedings against a neighbour, seeking an injunction and perhaps damages in nuisance, is a big step but you may feel that it’s important to do something to try and avoid a long running dispute.
Often open communication between neighbours is the key and can lead to a change in behaviour.
When considering a case any court will always want to hear about;
• the location of properties
• the duration of the nuisance
• the nature of the claimant
• the normal use of the properties
• the defendant’s intention
Any legal action must be handled sensitively to avoid escalation of the problem, given that it is likely that you will continue to live in close proximity to each other.
Evidence must be gathered – specialist equipment may be required to monitor the decibel level.
Local Authorities often need to become involved and can put conditions in place to assist with entitlement to reasonable enjoyment of your property.
We can help with opening sensible dialogue with your neighbours to try and achieve a speedy cost-effective resolution to the problem you currently face. Whilst also having the experience to proceed to court if required.
There are two main elements that are necessary for legal possession.
1. a sufficient degree of physical custody and control (“factual possession”);
2. an intention to exercise such custody and control on one’s own behalf and for one’s own benefit (“intention to possess”).
We provide expert guidance to establish whether the above two elements have been satisfied so that an application to the Land Registry or the County Court can be made.
A person becomes entitled to make an application to the Land Registry after 10 years in adverse possession of land (or 12 years depending on the period of possession).
The process can often become complicated and all surrounding circumstances should be considered;
• Has access to the land has been encouraged or allowed?
• Has the land been left by a will?
• Has money been paid for the land but the proper title not registered?
• Is there confusion as to the correct position of the boundary?
We can help you to apply or resist an adverse possession claim.
We help our clients navigate through, avoid and/or exit many different legal scenarios that they face. We are able to provide expert advice on avoiding or resolving disputes.
Matters that we regularly advise on include;
• Breach of contract claims
• Commercial property and land disputes
• Issuing and defending injunctions
• Company disputes
• Expert determinations
Our approach – we will talk to you, review any documents and analyse the situation to enable us to assess risk, determine your position and set out the best practical way forward.
We will make an assessment as to which type of approach is required to bring about the best outcome i.e. low key discussions and negotiations or a more litigious stance with the use of court proceedings. Often the solution in an increasingly modern legal environment is negotiation or meditation. However, we are more than aware that some circumstances simply require decisive action and the need for urgent applications such as Injunction proceedings.
We will work closely with you to meet your objectives. We will always look to avoid prolonged disputes which in turn will help minimise legal costs.
We offer a wide range of costs solutions and we have strong relationships with a number of different experts and barristers who we can bring in to assist your case if required.
We would love to hear about your case.
We act for all types of residential landlords from those who let one property to those that have a vast portfolio.
We provide practical and commercial advice at competitive rates and can act quickly. We believe there is more to providing a successful legal solution than asking our clients to fill out a form. We tailor each case individually and we are on hand throughout to discuss the progress (if required). You will speak to a professional throughout the matter.
We are experienced in;
• Chasing rent arrears
• Tracing tenants
• Serving notices
• Issuing court proceedings
• Obtaining possession
• Evicting tenants
• Enforcing money orders
We advise on all aspects of residential tenancy agreements including Rent Deposits.
There are an increasing amount of legal requirements placed on Landlords and we are on hand to discuss and advise on all areas of Landlords’ responsibilities.
In many residential tenancy situations it is essential to act early to avoid any escalation of the issue.
We offer a no obligation initial chat to talk to discuss the best solution for you and how we can help. We would love to hear from you.
We would welcome a discussion regarding how we could work with you.