Wallace is one of the pre-eminent firms and widely acknowledged as a forefront advisor in the specialist and complex area of Leasehold Enfranchisement and is consistently recommended by legal directory Legal 500.
The firm is recognised by industry commentators for its “high level of expertise, depth of applied knowledge, excellence in client communications, and innovation in enfranchisement”.
The team has been involved in many leading enfranchisement decisions, several of which have set significant precedents, including conducting landmark litigation in the Supreme Court.
2020 saw significant changes in procedure and practices in the area of enfranchisement and the firm has guided its clients through these changes. It is involved in liaising with other specialist firms in adopting “best practice” procedures to assist all practitioners and clients.
The firm’s substantial commercial property and property litigation departments overlap to form an all-encompassing leasehold enfranchisement team which handles hundreds of leasehold enfranchisement cases each year.
Experience & Notable Cases
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Advising clients and valuers on the Law Commission leasehold reforms and the future implications and effect on Enfranchisement and the housing market in general.
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Successfully representing the Freshwater group of companies (one of London’s largest private landlords) in hundreds of cases each year.
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Acted for Lexgorge in respect of the purchase of the freehold on a property that was originally built as a house but had been used as offices for 40 years. The landlord appealed to the Supreme Court who subsequently gave detailed guidance on the definition of a “house” under the enfranchisement legislation. It was the first case of its kind to go to the Supreme Court.
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Acted for US private equity group Westbrook Partners in connection with its claim to acquire the freehold of Dolphin Square, a central London block of 1,229 apartments, from Friends Provident; this is the largest enfranchisement claim to date.
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Acted for an Intermediate Landlord who holds a lease that exists between a freehold owner and tenant. The issue to be determined, concerned a crucial point of law - Does a competent landlord have the authority to agree terms and bind an intermediate landlord? The Court of Appeal determined that an intermediate landlord can be bound by the decisions of the freehold owner on the amount to be paid to the intermediate landlord on the grant of a new lease. The outcome of the case has had a significant and wide ranging effect on this area of law.
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Acting for Whitehall Court London ltd. the landlord of two blocks of flats. The freeholder is the Crown Estate Commissioners, on behalf of her Majesty the Queen. Both are entitled to a share of the aggregate premium payable by the flat owner for a new lease but there is a dispute on how that premium is to be shared. Our client has successfully been granted permission to Appeal to the Court of Appeal on the basis that the issues raise important points of principle that could apply to all lease extension claims.
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Successfully acting for a Landlord in proceedings concerning whether the Corresponding date Rule applied to the issue on an application to the Property Tribunal
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Acting for a Landlord that successfully obtained permission to appeal from the Upper Tribunal concerning the failure to take account of recent decisions on relativity (the relative value of the property held on an existing long lease compared to its freehold value). The case is now widely applied in valuation evidence.
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Acted on behalf of the Intermediate Landlord in Kateb v Howard de Walden Estates Limited and Another, a case that had a significant and impact on this area of law. The court determined that an intermediate landlord can be bound by the decisions of the freehold owner on the amount to be paid to the intermediate landlord on the grant of a new lease.
Testimonials
‘The Wallace LLP litigation team is one of the most experienced in leasehold enfranchisement. They really are one of the best in the field. They have dealt with complicated cases with consummate ease whilst fighting their client’s corner with the most favourable outcomes.’ (Legal 500, 2021)
“Mr Serota is a recognised expert in the world of leasehold enfranchisement with a depth of knowledge not only of the law but of the valuation processes. He is totally approachable…I have nothing but praise…” (Eric F Shapiro, Chesterton Global)
Samantha Bone heads the department and she is one of the most fearsome in the field. Always makes the client feel at ease and keeps the burden of stress on her so the client feels the process went ever so smoothly!‘ (Legal 500 2021)
Key Individuals
Simon Serota
Partner
Simon specialises in all types of property litigation and dispute resolution including landlord and tenant disputes, breaches of covenant and leasehold enfranchisement. He also undertakes a wide variety of general commercial litigation work including shareholder claims, professional negligence claims and asset recovery and protection.
Simon’s reputation as one of London’s top property litigators stems from his establishment of one of the first teams of lawyers dedicated solely to leasehold enfranchisement, which has experienced phenomenal success and continues to grow.
Samantha Bone
Partner
Samantha leads the leasehold enfranchisement department at Wallace. She specialises in leasehold enfranchisement, right to manage and the right of first refusal under the Landlord and Tenant Act 1987. She is involved in a number of high profile complex cases in leasehold enfranchisement including claims to acquire the freehold and leasehold claims. She has conduct of cases in the First-tier Tribunal, County Court, Upper Tribunal and the Court of Appeal. Samantha regularly acts as advocate in cases before the First-tier Tribunal particularly in cost cases and preliminary issues. She represents landlords, tenants and groups of tenants.
Shamin Kashem
Senior Associate
Shamin is an experienced member of the Leasehold Enfranchisement team and an established thought-leader in this niche area of law. He has acted for prominent landlords, major developers and well-known institutions across London and Oxford. He regularly handles claims determined at the First tier Tribunal and the County Courts, and has pursued matters to the Upper Tribunal and the Court of Appeal.
Shamin also has specialist knowledge in the Right to Manage, the Right of First Refusal under the Landlord and Tenant Act 1987, and litigation in respect of breach of residential lease covenants.
Fleur Neale
Senior Associate
As a key member of Wallace’s renowned Leasehold Enfranchisement team, Fleur brings over a decade’s experience in residential property litigation. She is a lynchpin member of the dedicated team advising one of London’s largest private landlords, and also represents individual landlords, tenants and groups of tenants.
Fleur has conducted matters at the Property Chamber, Lands Tribunal and County & High Courts and has been involved in a number of landmark cases. She advises on leasehold enfranchisement and general residential property litigation matters, from applications for the grant of new leases or the acquisition of freehold titles under the relevant Reform Acts, to applications to vary leases or enforce lease covenants. Fleur has become a go-to legal talent in the field.
