Enfranchisement Awards 2009 - All the winners!

Finalists: London Borough of Camden and the Retirement Lease Housing Association

The Retirement Lease Housing Association manages leasehold estates throughout the South East of England either as freeholder or as manager on behalf of the freeholder. Ben Young, Chief Executive, says his “winning formula” is simple as he focuses on close communication and delivering value for money. The RLHA also makes an ethical pledge to take no money from commissions or other hidden payments. In this category, the judges were looking for evidence of excellence in property management, profiles of blocks managed, specific challenges that were met and overcome and excellence in client communications. The Judges commented that the RLHA showed a very positive and proactive approach to management. The judges were particularly impressed with their communication with the leaseholder as their attempt to help flat owners understand the management processes.

Chambers of the Year

Sponsored By Pemberton Greenish

Winner: Tanfield Chambers

Finalists: Tanfield Chambers and Maitland Chambers

Acknowledged as a leading set of chambers in Property Litigation, the Property Group at Tanfield Chambers regularly act for clients ranging from individual leaseholders to large, professional Landlords. Tanfield Chambers boasts a number of expert barristers in the field of leasehold enfranchisement including Philip Rainey, Michael Buckpitt, Mark Loveday (who is also a part time LVT chairman), Stan Gallagher, Christpher Heather, James Fieldsend and Ellodie Gibbons. They are regularly instructed to appear before the Leasehold Valuation Tribunal and Lands Tribunal and have also acted in several notable cases decided by the House of Lords.

The winner of this award acted in a number of significant cases on behalf of both landlords and tenants. These included both large London Estates and individuals wanting to extend single leases. The judges commented that there is clear “strength in depth” for enfranchisement work and they have acquired an enviable reputation for excellence in this field.

London Enfranchisement Surveyor of the Year

Sponsored By Tanfield Chambers

Winner: Marr Johnson & Stevens LLP

Finalists: Marr Johnson & Stevens LLP, Langley Byers Bennett and Langley Taylor

Marr-Johnson and Stevens is a small, family firm of general practice surveyors and valuers based in Mayfair offering professional, management and building services to the local community. The firm believe in a strong attention to detail from the outset. They spend a considerable amount of time at the initial reporting stage investigating all aspects of the building, title and relevant lease terms specific to each case, as well as exploring ways in which the legislation can be used to best advantage.

The Judges decided that for a small family firm, Marr-Johnson and Stevens had acquired an enviable reputation for enfranchisement work. For some years, they have concentrated on enfranchisement activities with over 100 live cases over the last year, including some particularly complex ones.

Barrister of the Year

Sponsored by Bircham Dyson Bell

Winner: Phillip Rainey of Tanfield Chambers

Finalists: Kenneth Munroe of New Square Chambers, Phillip Rainey of Tanfield Chambers and Edwin Johnson of Maitland Chambers

Philip Rainey’s enfranchisement practice was particularly busy as he appeared in three of the most significant cases yet decided in the field – Howard de Walden Estates v Aggio, Cadogan v Sportelli and Nailrile v Cadogan – as well as advising in numerous other cases including hearings at the Leasehold Valuation Tribunal, Lands Tribunal and House of Lords. His knowledge of enfranchisement law has been favourably noted by the President of the Lands Tribunal, and he also has a complete and clear understanding of valuation issues.

The Judges said that Philip had demonstrated the highest level of legal expertise in respect of all areas of the law relating to enfranchisement. He has both considerable skills as an advocate as well as a deep understanding of the law. He has exceptional communication skills. The judges commented that Philip showed considerable leadership skills in taking the Sportelli appeals to the House of Lords.

Regional Enfranchisement Surveyor of the Year

Winner: Mark Hallam of Carter Jonas

Finalists: Carter Jonas LLP, DMA Chartered Surveyors and South East Leasehold

Mark Hallam has been practising from Carter Jonas’ Cambridge office for over 30 years and specialises in handling leasehold reform and related matters. He advises both large Landlords and individual tenants. He has become well respected in advising on developments involving large numbers of tenants and has been praised for his handling of instructions and, where necessary, the imaginative way in which he works towards finding a solution. He tries to keep costs proportionate and aims for a realistic and reasonable approach so that a settlement in the interests of his client can be achieved.

In the Judges opinion, Mark Hallam demonstrated a very clear grasp of the complex valuation issues connected with all aspects of Leasehold Reform and related matters. He has also showed a long term commitment to enfranchisement work.

Freehold Acquisition or Lease Extension of the Year

Sponsored By Wallace LLP

Winner: Bircham Dyson Bell

Finalists: Marr Johnson & Stevens LLP, Forsters LLP, Bircham Dyson Bell and Colman Coyle

In this category, the judges were looking for examples of buildings which have benefited from skilled advice and negotiation to achieve a successful outcome. Bircham Dyson Bell’s leasehold reform team led by Partner, John Stephenson, were instructed to advise a large Central London block of flats on an enfranchisement ultimately involving a premium being paid in excess of £23 million and complimented on being a “well conducted operation”. The legal complexities experienced were myriad and included issues relating to the execution of the Notices, conveyancing and tax which were successfully managed to such an extent thatan LVT hearing was avoided.

The Judges decided that Bircham Dyson Bell were involved in a difficult case dealing with complex principles of law and that they showed a very high level of technical achievement.

Regional Enfranchisement Solicitor of the Year

Winner: Yashmin Mistry of Brethertons Solicitors

Finalists: Adcocks Solicitors, Debenhams Ottaway, Brethertons Solicitors, Griffith Smith Farrington Webb and Stevensons Solicitors

Yashmin Mistry heads up the Leasehold Enfranchisement Department at Brethertons LLP Solicitors. In the last year, she dealt with over 150 successful lease extensions for individual leaseholders and regularly acts for high net worth Landlord clients in defending lease extension claims served upon them. She also dealt with several complex and very technical collective enfranchisement transactions. The judges commented that Yashmin showed an impressive list of transactions over the last 12 months and also impressed them with the extensive list of extra-curricular activities she had undertaken to promote best practice in enfranchisement.

London Enfranchisement Solicitor of the Year

Sponsored By Marr Johnson & Stevens LLP

Winner: Pemberton Greenish Solicitors

Finalist: Bircham Dyson Bell, Colman Coyle, Forsters LLP, Jaffee Porter Crossick, Pemberton Greenish, and Wallace LLP

Pemberton Greenish is recognised as one of the leading firms in the field of leasehold enfranchisement and has been pivotal to the development of the law in this area of many years. Senior Partner, Damian Greenish, is the coauthor of Hague on Leasehold Enfranchisement. The firm regularly acts for the major Landed Estates as well as advising numerous other property companies, trusts and individuals in making and receiving claims. Pemberton Greenish have represented clients in many notable court/ tribunal hearings including some of the leading cases in this area: Earl Cadogan v Sportelli, Nailrile v Cadogan, Howard de Walden Estates v Aggio.

The Judges decided that Pemberton Greenish showed the ability to cater for a significant number of clients in a very wide range of cases related to enfranchisement. They were involved in a number of very significant and complex transactions including the largest, most valuable and complex collective claim yet made - Dolphin Square – which comprises over 1200 flats.