Lease Extensions for Conveyancers - Pitfalls & Risks Explained
Leasehold enfranchisement is an area that a relatively small number of property lawyers practise in due to the legal complexities involved.
By contrast, lease extension is a statutory right that most tenants of flats can exercise, without joining in any other tenants in the buildings.
That is not to say that lease extension work is without its pitfalls and risks.
Some lease extensions are granted under the 1993 Act, in which case a tenant's conveyancer should possess a good working knowledge of the procedures prescribed by the Act.
Most lease extensions are negotiated outside the Act. In these cases, the tenant's conveyancer without sufficient knowledge of the Act may not be acting in their client's best interests.
Therefore, this course is primarily aimed at conveyancers who are not specialists in the area of lease extension.
What You Will Learn
The matters covered by this course will include:
- Who is a qualifying tenant?
- How long does the qualifying tenant have to have owned their lease?
- What are the statutory rights of personal representatives (as clarified by a 2018 court ruling)?
- How do I identify the competent landlord?
- The tenant's notice of claim: getting it right first time
- Pitfalls of assigning a section 42 notice (including those highlighted by a recent case)
- The landlord's counter notice and the required contents
- The timetable and procedure under the 1993 Regulations
- Various proceedings that can be brought before a tribunal
- How should I proceed when there is an absentee landlord?
- How is the purchase price calculated under the 1993 Act?
- To what extent may the terms of the new lease vary from those under the existing lease?
- Which costs is the landlord entitled to claim?
Please let us know if you wish to be notified when new dates are added for this programme