Category Archives: Leasehold industry information

Information relating to changes in the law or industry

Tribunal fees for enfranchisement cases – as of 18th July 2016

Readers of this site may be aware that the government previously looked to introduce fees for applications made to the first tier tribunal for Enfranchisement matters.

There was a lot of debate about this and I and other ALEP colleagues were involved in making representations – particularly because the initial fees proposed were £2,000 per case!

Fortunately, because of the intervention the likely fees were reduced – to a much more manageable (and less deterring) £100 on application, and £200 when a hearing date is set.

This may not be the end of the story however, as it is likely that the subject will be revisited in the future at which point, government may be tempted to set fees which escalate depending on the value of the case.

We learnt yesterday from the First Tier Tribunal (FTT) that fees will be introduced with effect from 18th July 2016 (probably). If you are involved in a case and are going to need to apply it may be worth doing so before this date to avoid the additional application fee.

Links to the relevant SI for those that are interested appear below:

Jewelcraft v Pressland [2015] EWCA Civ 1111

What is a house? – mixed use commercial premises 

You may have been following the case of Jewelcraft v Pressland which has been making its way from the Court of Appeal to the Supreme Court. The Supreme Court has turned down the landlords’ application for leave to appeal.

Whilst this is not a wholly unexpected result, the Supreme Court has missed an opportunity to carry out a significant ‘clear up’ of the law in this area.
Whilst the position in relation to ‘mixed-use’ premises where there is a shop with flat above has perhaps been clarified, the position is still unclear in relation to other types mixed property.

A full copy of the decision can be found at:
Jewelcraft v Pressland Court of Appeal

If you have, or are involved with mixed use property, held under a single lease (of more than 21 years), where the commercial parts are sublet, then there is a possibility that the freehold may be acquired under the Leasehold Reform Act 1967.

There has been a lot of interest in this case for the very good reason that the position concerning other types of ‘mixed use’ property is still unclear.

Leasehold Reform – some further ideas

Philip Rainey QC published a paper in January of this year that was the subject of a debate held in parliament by a cross-party group assembled by LKP/Carlex. The paper looked at some possible alternatives to residential leasehold and/ or some of the “simplest” ways of dealing with the ‘problems’ of residential leasehold – by abolishing it, or making it less common.

The paper can be found on the Tanfield Chambers website.

This paper will be the subject of a debate at the ALEP Conference on 20th October which will be chaired by Joshua Rozenberg. It will be interesting to see what delegates think about this – and to hear a discussion about the possible alternatives.

ERMAs Winners 2015

I am delighted to report that the Leasehold Reform team at Bishop & Sewell LLP won the award for Solicitors of the Year at the ERMAs (the Enfranchisement and Right to Manage Awards) held on 4th June 2015. These industry-wide national awards recognise significant achievement in this sector.

A couple of event photos appear below:

notb-awards-B&S

ERMASwinners2015

Well done to the whole team on this great achievement. It was good to meet Kyran Bracken who hosted the awards (he is not a leasehold reform lawyer – and perhaps you can perhaps spot him at the right hand end of the picture as the person in the line-up who looks like they are best adapted to playing rugby). Christopher Heather from Tanfield Chambers is also second in from the left. Tanfield were presenting the award, which now has pride of place among the collection in the office trophy cabinet!

If you require advice in relation to leasehold issues please visit www.bishopandsewell.co.uk