Leasehold Enfranchisement - 2023 Virtual Conference

Introduction

Chaired by Mark Chick, this live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Troublesome Areas in Lease Extension: Practice & Procedure

Chair: Mark Chick, Bishop & Sewell LLP

This session will look at the statutory renewal of residential leases under the 1993 Act and the types of issues that can arise in practice, including the following:

• The scope for amendment of lease clauses on renewal
• Relevant case law
• What happens in non-standard situations (such as granting a lease out of a head lease)
• The practical difficulties of getting to completion

Morning Break

11:10am-12:10pm: New Enfranchisement Risks - Commonhold v Leasehold

Mari Knowles, Commonhold & Leasehold Experts Limited

Commonhold is a relatively unknown tenure compared to leasehold which has existed as a tenure for many years. In recent times, commonhold has become more prominent in discussions on tenure choice.

This session explores key differences between the two tenures in the current landscape, together with a refresher and update on the commonhold system generally. It will assist enfranchisement practitioners in better understanding the role and relevance of commonhold and interactions with enfranchisement covering the following:

• Commonhold: a brief refresher
• Legal structure and documents
• Advantages and disadvantages of commonhold in the current landscape
• Key differences with the leasehold system including practical examples of common scenarios such as net zero or major works
• Key considerations for enfranchisement lawyers

12:10pm-1:10pm: Leasehold Reform Act 1967 - Assessing the Correct Basis of Valuation and Drafting the Notice of Claim

Katherine Simpson, Edwin Coe LLP

This session is intended to provide a fool-proof method of assessing the correct basis of valuation pursuant to the Leasehold Reform Act 1967 and will cover the following:

• Assessing the correct basis of valuation
• Addressing how to draft the notice of claim to reflect the basis of valuation

Break for lunch

2-3pm: Enfranchisement Case Law Round-Up

Mark Loveday, Tanfield Chambers

This session will update you with the key enfranchisement cases of the last 12 months including:

• Comparable evidence - Properties AY&U v Barham House Freehold and Brickfield Properties v Ullah
• Qualifying tenants: Avon v Canary Gateway RTM (No.2)
• Defects in notices: 18 Langdale Road RTM v Assethold
• Development potential: Vectis Property v Cambrai Court Management

Afternoon break

3.15-4.15pm: Price & Enfranchisement Valuations

James Fieldsend, Tanfield Chambers

At the heart of most enfranchisement disputes is price. Price is a question of valuation, but the valuation exercise must be carried out within a legal rubric - the exercise is a statutory valuation.

There are many legal points to be taken and argued over in connection with the valuation exercise and this session will cover the following:

• The question of whether the effect of the Law Commissions options for altering the price payable can be taken into account in the current valuation exercise
• How if at all can the effect of the options on the market generally be taken into account when carrying out a valuation now (i.e., before any of the options have been implemented) How settlement evidence might be used in a contested hearing over the price
• Latest case law including Alberti v Cadogan - the statutory disregard of the effect on value of tenant’s improvements

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.