Either as tenant or landlord you need proper advice. Justin Bennett of LBB Chartered Surveyors was a surveyor in one of the earliest cases under the Leasehold Reform Housing and Urban Development Act 1993 of Willingale v Globalgrange.

In the above case the landlord (The Langham Court Hotel) failed to respond to a tenant’s Notice to enfranchise and had not only to accept the substantially reduced price offered but also the terms of the transaction, which meant that the hotel lost its fire escape right over the enfranchised building. The case reached the Court of Appeal.
The moral behind this story is that getting the right advice is crucial.

CHOOSING YOUR ADVISERS:

You need to prioritise not just on the cost of advice alone. You should firstly consider the credentials of the solicitor or surveyor in the following areas:

1. Knowledge of the law;
2. Experience of litigation particularly at LVT;
3. Area of expertise – geographical as well as the legislation;
4. Experience of dealing with your landlord – particularly if this is one of the Central London estates or private landlords, such as Freshwater.

IN PARTICULAR FOR SOLICITORS:

You should also consider their:

1. Knowledge of company law and Participation Agreements;
2. Ability to grant new leases; deal with the Notices; and any applications required.

IN PARTICULAR FOR SURVEYORS

You should consider:

1. Are they a specialist?
2. Are they prepared to offer an initial consultation without charge?
3. Are they able to work to your timescales?
4. What service do they offer? For example, a desktop valuation advice or formal advice by way of inspection and valuation only?

In relation to the surveyor, dependent on your circumstance, your needs will be different. If you are selling – maybe all you need is an indication of price (this is known as a desktop valuation). If you are definitely proceeding then you should
obtain a formal valuation. That advice should provide you with a range of values to allow for the best and worst case scenarios. Always budget on the worst case scenario.

When getting this advice have the following information available:

1. Summary of your lease (how long and ground rent);
2. Size of your flat (floor area with basic room details);
3. Location;
4. Type and nature of building – if enfranchising, number of flats and number planning to join in the process;
5. Name of your landlord;
6. Be clear about the purpose of your valuation.

Only once you have this information ask your adviser to provide you with a quotation.

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