Frequently Asked Questions
A leasehold dispute is a disagreement involving the rights or obligations connected with a leasehold property. It may involve the leaseholder, freeholder, managing agent or another relevant party.
Common disputes include service charges, repairs, maintenance, ground rent, alterations, subletting, breaches of lease terms, insurance and the use of communal areas.
In some circumstances, a leaseholder may be able to challenge whether a service charge is payable or whether the amount is reasonable. The wording of the lease and the circumstances of the charge will be important.
Responsibility depends primarily on the terms of the lease. Some repairs may be the responsibility of the leaseholder, while others may fall to the freeholder or management company.
A leaseholder should take the allegation seriously and review the relevant lease terms and correspondence. We can help you understand the alleged breach and advise on the appropriate response.
Depending on the circumstances, there may be grounds to challenge certain charges associated with major works. The lease, the nature of the works and the procedures followed by the landlord or management company will all need to be considered.
The answer will depend on the circumstances and the terms of the lease. Leases commonly contain provisions dealing with access for inspections, repairs or other legitimate purposes, but the scope of those rights should be carefully considered.
You may need the freeholder’s consent before carrying out certain alterations. The requirements will depend on your lease and the nature of the proposed work.
You should review the lease and relevant management responsibilities and keep records of reported problems and correspondence. Depending on the circumstances, there may be formal steps available to address the issue.
Yes. Many disputes can potentially be addressed through negotiation, formal correspondence, mediation or other alternative dispute resolution methods. However, the most appropriate approach depends on the circumstances.
Some leasehold disputes may fall within the jurisdiction of the First-tier Tribunal (Property Chamber), while other matters may need to be dealt with through the courts. We can advise you on the appropriate forum for your particular dispute.
We can review your lease and relevant documents, explain your legal position, advise on your options, communicate with the other party and assist with negotiation or formal proceedings where appropriate.
