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HilliersHRW Solicitors for stevenage bedfordshire hertfordshire london and the south east

Property News - Leasehold Reform Housing & Urban

This Act can hardly be called news because it is now a teenager, but it (like other teenagers) has changed over the years, and is now reaching maturity. More and more people are using its provisions to exercise their rights to get a Lease extension, particularly as Leases of flats developed in the 1980's get towards that critical period of approximately 80 years. This is a technical Act with many trips in it, and the unscrupulous Landlord will take advantage of innocent tenants. However, points for tenants to watch out for are:

  • Make sure you check exactly who your Landlord is before serving the Notice - a slight error in the name of the Landlord could mean your Notice is void.
  • Get professional advice before you put pen to paper with a figure for the price for your Lease extension - if you go in too high it is more difficult to come down than if you go in too low.
  • Act together with the other flat owners in your block if you can, but if you can't get the 50% you need go it alone - you have a right to a new Lease, and together with your neighbours you have the right to buy the Freehold, but get the Lease, that's the valuable thing!
  • Your rights under the Act are to an extended Lease and just that - if your Lease is defective, you can't force the Landlord to put it right under this Act (although you may have other rights in Law).
  • Regardless of what you have to pay for the longer Lease, you must pay the Landlord's Solicitors and Agents fees for various parts of their advice - budget on £1,500 to £2,000 to cover these items.
  • A significant and power aspect of the Act is that it compels Landlords to negotiate - serve the Notice and they have got to talk to you, don't serve it and they'll just keep you talking and waste your time!
Overall this Act is very helpful for flat owners, and gives them great advantages. However, it needs to be approached with caution and professional advice.
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