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Roger Hardwick

Brethertons LLP | Partner

Biography

Roger is recognised as one of the UK’s leading experts in residential leasehold property law and has over 17 years’ experience.

He has played a key role in the development of leasehold case law and legislation. His work includes statutory lease extensions, collective enfranchisement and right to manage claims; freehold acquisitions; ground rent portfolio sales and purchases; residential service charge disputes; applications to the First-tier Tribunal (Property Chamber) and appeals to the Upper Tribunal (Lands Chamber), including applications to determine service charge liabilities, applications to appoint a manager and applications to vary leases.

Your Legal Toolkit - RTM

The Commonhold and Leasehold Reform Act 2002 created a new “no fault” right to manage on the part of leaseholders who can now force their landlord to transfer the management functions to a special kind of company, a Right to Manage (RTM) company. The Right to Manage is a group right for leaseholders of flats to manage the building; there is no need for the landlord to consent to the establishment of an RTM company and no order of a court or LVT is necessary; there is no premium to pay to exercise the ri

The case that rocked the leasehold valuation market

“There is not, and has never been, a binding convention that a fixed and constant deferment rate of 6% should be universally used. The deferment rate in each case must be individually determined on the evidence” This was Judge Rich QC’s ruling in five appeal cases heard together last year. The decision in – Arbib v Earl Cadogan has rocked leasehold valuation markets. What is the Deferment Rate? To enfranchise, lessees must pay a sum representing the aggregate of three elements: value of the free

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