Leasehold solicitors

Key leasehold terms to know

Leasehold law can hold a lot of terminology. Here’s some of the key terms within the law that you’re likely to encounter:

• Leasehold – you own the right to live in the property for a period of time, but you don’t own the land the property sits on. Usually, the fixed term for a lease can last decades. When a lease runs out, it can either be returned to the freeholder or extended by the leaseholder.
• Leasehold extension – this is the process of adding more years onto your existing lease. It’s advisable to act before your lease reaches below 80 years. If left, you could face a more expensive cost if you eventually choose to extend.
• Freehold – this is the outright ownership of the property and the land it sits on, which has no fixed term or landlord.
• Freeholder – this is the person, or company in some cases, who owns the building and the land. As a leaseholder, you would pay ground rent to the freeholder, and you must always adhere to your lease’s terms.
• Ground rent – a regular payment made by the leaseholder to the freeholder. It gives the leaseholder the right to occupy the land beneath their property. As of the Leasehold Reform (Ground Rent) Act 2022, most new leases have a ground rent of zero, but there are lots of older leases that may still have them.
• Service charge – the service charge covers maintenance, repairs, insurance and general upkeep of the building. Leaseholders can challenge a service charge if they think it’s unreasonable.
• Enfranchisement – a legal right where leaseholders can collectively purchase the freehold of their building. It can give leaseholders control over how their property is managed.
• Right to Manage (RTM) – this is a right that allows leaseholders to take on the day-to-day management of their building without needing to purchase the freehold. This is done by the Right to Manage company that’s set up by the leaseholders.
• Deed of covenant – a legal document that’s signed by the buyer, that confirms that they’ll abide by the terms of an existing lease. This is normally needed before a change of ownership is recognised.

Our leasehold services

Whether you’re purchasing your first flat, dealing with a freeholder who’s being difficult, or looking to gain greater control over your building, our leasehold solicitors can help. We provide a range of services, including:

• Leasehold conveyancing – there are several more legal steps when buying or selling a leasehold property than what you’d get with a standard transaction. We’ll handle the process from start to finish, keeping you up to date with each stage.
• Lease extensions – we can advise on statutory and informal routes when it comes to extending your lease, and we can help manage the entire process on your behalf.
• Freehold purchase – a group of leaseholders has the right to purchase the freehold of their building together as a collective, and we can advise on eligibility, guide you through the relevant process and explain what collective ownership will mean in relation to your specific circumstances.
• Right to Manage – we can guide you through the Right to Manage process, including the set up of your chosen RTM company and even serving notices. We ensure everything is done correctly so you can focus on the future.
• Variations and deeds of covenant – if you need to change certain details within your lease, or someone new is taking over your existing lease, we can advise on lease variations and deeds of covenant, making sure that you and the other party understand what is being changed and agreed to.
• Service charge disputes – if you need to raise concerns about a service charge, we can guide you through the process of challenging it if applicable and even represent you if required.

Our leasehold process

Every situation is different, and our leasehold solicitors will never use a copy and paste approach for your case. We’ll maintain good communication and transparency throughout, always keeping you up to date with each step. Here’s a look at what a typical process looks like when you work with Fisher Jones Greenwood solicitors for your leasehold needs.

1. Initial chat: we’ll learn your case, including all of the small details. Whether you’re looking to buy a leasehold property, sell, or are even in an existing dispute, we’ll have an initial consultation and give you a clear understanding of your options. At this stage, we’ll provide you with estimated timescales and costs, too.
2. Reviewing your lease: at this stage, we’ll look at your lease, checking over details like ground rent clauses, service charges, remaining terms and more. We’ll alert you to any issues if they arise.
3. Raising enquiries: we’ll contact the other party’s solicitor, the freeholder and any other relevant agents to gather information for your transaction.
4. Negotiation and important documents: this is the stage where we’ll negotiate on your behalf and ensure any important documents are up to date and accurate. Having full clarity before you sign is a top priority for us.
5. Exchange and completion: the final steps before completion. We’ll manage the exchange of contracts, Stamp Duty Land Tax returns if required, and registering you with the Land Registry. These are essential before finalising, so we’ll handle them efficiently.
6. After completion: there are a few small factors to consider before your process is completely settled. We’ll take care of notifying the freeholder or agent, collecting copies of relevant documents and ensuring the handover is straightforward.

Why choose FJG as your leasehold solicitors?

We’ve been helping people across Essex, London and Suffolk move home, extend leases and raise disputes for over four decades. We ensure each transaction we take on is handled with efficiency and care, as we understand that leasehold matters can be hectic, and the details matter.

We’ve been recognised by The Legal 500 and Chambers & Partners, demonstrating our commitment to clients, and our breadth of local expertise shows how dedicated our team is when it comes to helping those across the region.

Our approach is clear and concise, focusing on our clients’ needs first. We’ll eliminate jargon and always take the time to explain legal processes in a way that enables you to understand from start to finish.