Leasehold Enfranchisement - 2021 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:
10.00am-11.00am: Lease Extension - Avoiding the Problem Areas
A tenant’s right to a new lease under the Leasehold Reform, Housing and Urban Development Act is valuable but can be fraught with problem areas for both tenant and landlord.
This practical session looks at some of the more common - as well as some of the trickier - problem areas and how to safely navigate the perils of the Act for tenants.
- When are ‘terms agreed’? Reconciling Pledream and Bolton v Godwin Austen
- Changing lease terms: why Park v Morgan; Burchell v Raj are important
- Assignment of the s42 notice in the ‘registration gap’ - tips & traps
- The timetable: why it’s vital to understand it & where to find it
- Costs: must you always pay, and how much?
11.00am-12.00pm: Reforming the Right to Manage
In July 2020, the Law Commission published its long-awaited final report on exercising the right to manage.
It sets out in detail the Commission’s proposals for reform designed to make the RTM procedure simpler, quicker and more flexible, particularly for leaseholders.
It is highly likely that changes to the law on the right to manage will broadly mirror the recommendations in the report.
The Commission’s key proposals which will be covered include:
- Multi-building RTM proposed - criteria to be applied
- Revised definition of building or part of a building
- One residential unit held by a qualifying tenant
- Non-residential threshold to be raised
- Appurtenant property
- Rights of shared ownership lessees
- Clarifications regarding business tenancies and live/work units
- The ‘resident landlord’ exemption
- Changes in the way RTM companies are to be run
- Insurance: roles of RTM company and landlord
- Variation of leases sought by RTM company
- Resolving confusion over lease consents
Break for lunch
1.00pm-2.00pm: The Law Commission’s Report on Leasehold Reform
This session will review the Law Commission’s reports on valuation in enfranchisement and leasehold reform.
The report on valuation considers the options to reduce the premiums payable in enfranchisement claims.
The report on leasehold reform makes recommendations to reform enfranchisement rights to make it easier to qualify and to simply the process.
This session will address the key points in both reports.
2.00pm-3.00pm: Qualifying Buildings and Enfranchisement
The question of whether a building will qualify for the right to enfranchise is not always straightforward, particularly in relation to mixed-use or connected buildings. The tests in case law have evolved mainly through parallel cases in the law relating to the right to manage.
This session will cover the preliminary and practical considerations as well as the recent developments of the applicable tests to determine whether a building qualifies as set out in the recent Palgrave Gardens case - Consensus Business Group v Palgrave Gardens Freehold Company Limited .
3.15pm-4.15pm: Enfranchisement Case Law Round-Up
Miriam Seitler, Landmark Chambers
This session will update you with the headline points from the key enfranchisement cases of 2020, including:
- Q Studios (Stoke) RTM Co Ltd v Premier Ground Rent No.6 Ltd  - the latest exploration of the question 'what is a flat?'
- Consensus Business Group (Ground Rents) Ltd v Palgrave Gardens Freehold Co Ltd  - validity of notices and the meaning of self-contained building
- LM Homes Ltd v Queen Court Freehold Co Ltd  - Court of Appeal decision on the meaning of common parts and acquisition of leasehold interests
- Other recent case law
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.