Leaseholder Legal Services

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Leasehold Legal Services

If you are a leaseholder, you can benefit from a range of legal services offered by the expert real estate residential solicitors at JMW. We provide a number of services to help you make the most of owning a leasehold property and, with many years' experience working alongside and assisting leaseholders, we are perfectly placed to deal with your requests and issues, whether that be lease extensions or leasehold enfranchisement.

For more information about the leaseholder services we offer, get in touch with our team today. We can discuss your needs and the options available to you. Either call us on 0345 872 6666 or, if you would prefer for us to contact you, leave your details via our online enquiry form.

About Leasehold Property

Owning a leasehold property differs greatly from owning a freehold property; the property is only 'owned' for a specified amount of time - ranging from a couple of years to 999 - while the land on which it is built is still owned by the landlord, otherwise known as a freeholder.

This law makes an agreement of this kind slightly more complicated and means the homeowner's rights and responsibilities differ to those of an owner of a freehold property.

The legal contract between the leaseholder and the freeholder is called the lease and serves to set out the rights and responsibilities of both parties. Typically, this will include matters such as:

  • The amount of ground rent payable
  • How any service charges are calculated and paid
  • If and how services charges may change
  • Who has responsibility for any repairs
  • Who is responsible for arranging and paying buildings insurance

If you are considering purchasing a leasehold property, our team can examine your contract and advise you of the obligations it specifies, along with the rights you are guaranteed by law.

Our Services

Our specialist solicitors are here to offer wide-ranging advice and services to leaseholders, covering issues such as:

  • Leasehold enfranchisement
  • Lease extensions
  • Advice on ground rent and service charges
  • Subletting queries
  • Remortgaging

If you are a leaseholder and have any other questions regarding your lease or rights and responsibilities, our specialists will do everything they can to shed more light on your situation. 

What is the Process of Purchasing a Leasehold Property?

Many of the legal processes relating to buying, selling or extending the lease on a leasehold property can be complicated. At JMW Solicitors, we aim to simplify the process by explaining every step in clear language and communicating with you regularly about our progress. Here, we have outlined the steps involved in several key services so you can use this as a resource and minimise stress throughout this process.

Leasehold Enfranchisement:

  1. Evaluation: Our legal team begins by assessing your eligibility for leasehold enfranchisement, which involves purchasing the freehold of your property.
  2. Valuation: We will guide you through the process of obtaining a professional property valuation to estimate the cost of the freehold purchase.
  3. Initial Notice: We will then assist in drafting and serving the 'Initial Notice' (Section 13 Notice) to the freeholder, formally expressing your intent to buy the freehold.
  4. Negotiations: If the freeholder responds positively, our team will conduct negotiations on your behalf to agree on the purchase price and other relevant terms.
  5. Transaction Completion: Once terms are agreed, we will handle the legal aspects of the transaction, ensuring a smooth completion and the successful transfer of the freehold.

Lease Extensions:

  1. Lease Review: Our team will first review the terms of your current lease to understand its remaining duration and advise on the necessity of an extension.
  2. Valuation: If an extension is needed, we will assist you in obtaining a valuation to estimate the cost of the extension.
  3. Notice of Claim: We will then draft and serve a 'Section 42 Notice' to your landlord, which formally requests the lease extension.
  4. Negotiations: If there is a dispute over the cost or other terms, we will negotiate with the landlord on your behalf.
  5. Finalising Extension: Once terms are agreed, we will finalise the new lease agreement, ensuring that all legal requirements are met.

Advice on Ground Rent and Service Charges:

  1. Assessment: We will review your lease agreement to understand the terms for ground rent and service charges.
  2. Guidance: Our team will then provide clear advice about your obligations and rights regarding these charges, and any potential issues you may face.
  3. Resolution: In the event of disputes over ground rent or service charges, we can negotiate on your behalf or represent you in any necessary legal proceedings.

Subletting Queries:

  1. Lease Review: We will assess the terms of your lease to understand its rules regarding subletting.
  2. Advice: We will then provide guidance about your rights and responsibilities related to subletting.
  3. Subletting Agreement: If you choose to sublet your property, we can help draft the subletting agreement to protect your interests.

Remortgaging:

  1. Consultation: We will discuss your financial situation and your reasons for remortgaging to provide the best advice.
  2. Lease Review: We will assess your lease and the terms of your current mortgage to identify any potential issues.
  3. Lender Coordination: Our team will liaise with your new mortgage lender, responding to their queries and addressing any concerns about the lease.
  4. Legal Processes: Finally, we will handle the legal side of the remortgage, working closely with the lender to ensure a smooth transition.

Why Choose JMW?

The team at JMW has vast experience in advising and working alongside leaseholders, and offers a variety of legal services to make sure you are in the very best position to take advantage of the opportunities that owning a leasehold property can bring.

We are renowned for a proactive and professional approach that always places the best interests of our clients first. We will provide guidance throughout your dealings with us, offering the support you need, when you need it.

Talk to Us

Take advantage of the various legal services offered to leaseholders by the team at JMW today. Simply give us a call on 0345 872 6666 or complete our online enquiry form and a member of the team will give you a call back at a time that is convenient for you.  

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