Leasehold Enfranchisement - 2022 Virtual Conference
Chaired by Mark Chick, this live online conference will examine a range of important and topical issues in leasehold enfranchisement.
Each session will provide opportunity for questions and answers.
This live and interactive 5-hour conference will cover the following:
10am-11am: Lease Extensions: Current Issues and Proposed Reforms
This session will consider recent developments in this complex area of legal practice.
Most of the issues covered will relate to statutory lease extensions, such as traps arising from the section 42 notice, seeking changes to the existing lease, and proposed reforms.
- Issues arising from the assignment of a section 42 notice
- Unilateral notices where collective enfranchisement process is already underway
- Service of section 42 notice on third parties
- Principles for modification of new lease revisited
- Case where two out of three landlords had been traced
- What was the unexpired lease term, as at the date of the section 42 notice?
- The future of ground rents in lease extensions outside of the 1993 Act
- Law Commissions proposals for reform
11-12 noon: Valuation: Issues
This session will cover the issues that affect enfranchisement from a valuation perspective. It will cover:
- Capitalised Ground Rent
- Unimproved Extended Lease Value (UELV)
- Explained simply
Break for lunch
1pm-2pm: Tenants’ Pre-Emption Rights - An Easier Way to Obtain the Freehold?
If the flat owners’ immediate landlord proposes to sell the freehold of the building, the flat owners may have the right to step into the shoes of the proposed buyer and acquire the freehold - more quickly and often more cheaply under the Landlord and Tenant Act 1987.
This session will focus on exercising those rights in practice - and what to do if the landlord ignores the tenants’ rights:
- Making sure the flat owners have rights: meaning of building, tenant and landlord
- Responding to section 5 pre-emption notices
- The timetable - what you can do, what you must do & when
- Steps to ‘take back’ a sale made in breach of statutory rights
2pm-3pm: Commonhold - The Scope for Reform
The government is moving ahead with its plans for the ‘reinvigoration of Commonhold’ following the Law Commission’s recommendations published in July 2020. The Commonhold Council has been established and MHCLG is consulting with the property industry on what needs to be done to make Commonhold fit for purpose. Given that a reinvigorated Commonhold is now very likely to be a feature of the future legal landscape; more a question of ‘when’ not ‘if’, - what needs to be done to ’fix’ it and how far down the track are we with this.
This session will look at a reminder of the basics of commonhold and then go on to consider the key areas needing reform.
There will be an update on the latest progress with the Commonhold Council.
3.15-4.15pm Enfranchisement Case Law Round-Up
This session will update you with the key enfranchisement cases of the last 12 months including:
- Challenges to the deferment rate: Llangewydd Court v Ralph
- Development value: House of Mayfair Ltd v Aitchison
- Disregard for improvements: Alberti v Cadogan Holdings Ltd  and perhaps by 2022 the CA decision?
- Cases on capitalisation rate including Bux v Lawrence Wharf Ltd
- Right to manage and appurtenant property
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.