In late 2022, Mr and Mrs Murphy placed their Ealing flat on the market. Despite having more than 80 years remaining on the lease, potential buyers were deterred due to market uncertainty following the Law Commission’s leasehold reform proposals.
The building’s freeholder initially expressed willingness to agree a voluntary lease extension but later stalled negotiations, effectively wasting time and delaying the sale
The Enfranchisement Team at Nockolds advised serving a statutory notice, which was issued in May 2023. The freeholder responded within the legal time limit in August 2023, but his counter-notice was defective; failing to confirm the Murphys’ entitlement to a lease extension and omitting the price he would like for the extended lease.
Nockolds promptly highlighted these errors and invited the freeholder to proceed on the terms set out in the statutory notice. When delays continued, the team prepared to escalate matters to court to secure an order enforcing the extension.
Through persistent and strategic action, Nockolds ensured the Murphys’ position was fully protected throughout, countering the freeholder’s attempts to frustrate the process and paving the way for the extended lease to be secured on statutory terms. The lease was finally agreed and completed and the lease premium was offset against the wasted legal costs payable by the freeholder who ended up paying the Murphys on completion!
Even when faced with an uncooperative landlord, accurate and specialist legal advice and timely and effective action can safeguard clients’ interests and achieve the outcome that the client needs.