Leasehold Enfranchisement - 2019 Annual Conference
This popular annual conference returns for 2019 focusing on the hot topics and perennial problems that practitioners in this field need to know about. Chaired by Mark Chick, the conference features a panel of experienced experts in enfranchisement and related matters.
This conference will cover the following:
9.30am - 10.15am: Commonhold: Will it Take Hold?
Mark Chick, Bishop & Sewell LLP
Commonhold has been on the statute books since 2004 and yet there are more books written about commonhold than there are commonhold developments!
The Law Commission has recently consulted on re-invigorating commonhold following the outcomes of the Government consultation on ‘tackling unfair practices in the leasehold market'. There are number of ‘known issues’ with commonhold as an alternative to leasehold tenure that need to be overcome if it is to work.
As commonhold is likely to be a big part of the future legal landscape, practitioners should become familiar with it now.
This session will include:
- What exactly is a commonhold?
- Why has it not been more widely adopted?
- An update on the Law Commission consultation
- The proposed interplay between enfranchisement rights and commonhold
- What a commonhold future might look like
10.15am - 11.00am: What Buildings and Premises Qualify Under the 1993 Act?
Thomas Jefferies, Landmark Chambers
This session will discuss recent cases including Aldford House Freehold Ltd v Grosvenor, and CQN RTM Company Limited v Broad Quay North Block Freehold Limited.
The topics covered will include:
- Collective enfranchisement
- What is ‘a building’?
- When is a building ‘detached’?
- Lease extensions
- What counts as ‘a flat’
11.15am - 12.00pm: Notices Post-Natt v Osman: When is Non-Compliance Fatal?
Harriet Holmes, Wilberforce Chambers & Piers Harrison, Tanfield Chambers
When do failures to comply with statutory requirements invalidate a notice (or claim)? And what test should be applied to decide that question?
These questions, in various forms, have generated much litigation over the years, particularly in the field of enfranchisement and the right to manage. The Court of Appeal provided us with its test in the case of Natt v Osman. It has since been applied and considered in several cases most notably in Elim Court RTM Company Ltd v Avon Freeholds Ltd.
This session will put the decisions Natt and Elim in context and consider where it leaves us including:
- The principles arising out of Natt v Osman
- Death of doctrine of substantial compliance
- Irrelevance of factual circumstances
- Intense focus on statutory interpretation
- Elim Court
- Purports to follow Natt, but does it?
- When will the factual background be relevant
- Application of those principles to notices in enfranchisement and RTM
12.00pm - 12.45pm: Leasehold Reform Act 1967: Notices of Claim - Getting Them Right
Katherine Simpson, Edwin Coe
Getting a notice of claim wrong can have dire consequences.
Whatever your level of expertise, this session will take the fear out of drafting tenant’s notices under the 1967 Act including:
- Which particulars of the notice are/are not covered by the saving provisions?
- How the basis of valuation affects how the prescribed schedule to the notice should be populated
- Drafting tips to avoid inaccuracies fatal to the validity of the notice
- Evidence needed in support of the notice
- Sample notices
12.45pm - 1.00pm: Questions on Morning Session
2.00pm - 2.50pm: Development Value
Mark Loveday, Tanfield Chambers
Development value is frequently a significant element of the price payable on enfranchisement, particularly where there is the potential to build additional floors over blocks of flats.
This session will explore the issues including:
- Development value in claims for the freehold of houses under LRA 1967
- Development value for lease extensions
- Development value for collective enfranchisement
- Development Hope Value v Development Value on reversion
- Airspace, rooftop development and Queen Court
- Basements and other common parts
2.50pm - 3.40pm: Lease Terms on Renewal
Miriam Seitler, Landmark Chambers
Where a tenant seeks a lease renewal of their flat under the Act, and following the notice and counter-notice procedure, the terms of that new lease must be agreed or determined.
This session will include:
- The terms that are fixed by the Act
- The extent to which terms of the new lease can differ from the terms of the existing lease
- The bases on which a party can insist on a departure from the terms of the existing lease
- The meaning of a ‘defect’ that warrants a modification
- Special provisions on service charges
3.55pm - 4.45pm: Valuation: The 5 Stages to a Successful Lease Extension/Enfranchisement
Richard Murphy, Richard John Clarke
The task of calculating and negotiating a lease extension can seem overwhelming. There appears to be a myriad of legislation, case law and mathematical formulae concerning all aspects of the valuation.
The aim of this session is to de-mystify the process by breaking it down into 5 succinct parts:
- The Capitalisation of the Ground Rent: What rate and why?
- The Reversion: What rate and why?
- The Marriage Value: It’s all relative. Graphs v Evidence
- The Negotiation: Valuation is an art not a science
- First-tier Tribunal: The last resort... always there but rarely used
4.45pm - Close: Questions & Answers
9:30am - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme