Course description
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, and practitioners must be aware of these and possess a good working knowledge of the 1993 Act if they are to be acting in their client's best interests.
Who is a qualifying tenant - and how long does the qualifying tenant have to have owned their lease? What are the rights of personal representatives? How should I proceed when there is an absentee landlord? These issues and many more will be addressed in this live and interactive session with expert speaker Stephen Desmond.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
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.
This live broadcast session is primarily aimed at conveyancers who are not specialists in the area of lease extensions. It also considers how lease extension claims will change following the enactment of the Leasehold and Freehold Reform Act 2024.
What You Will Learn
This live and interactive session - which includes several case studies - will cover the following:
- Changes to the qualifying period and mandatory lease extension term
- Is it too early to ascertain the likely effect of abolishing marriage value?
- Key Law Commission proposals for reform and how they highlight key flaws in existing lease extension legislation
- Who is a qualifying tenant?
- What are the statutory rights of personal representatives?
- 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
- 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 the leaseholder proceed under the new rules when there is an absentee landlord?
- How is the purchase price calculated under the 1993 Act, as amended by the 2024 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?
- Extending a lease deemed to be qualifying under the Building Safety Act
Expenses
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