You are the freeholder, intermediate leaseholder, leaseholder, or purchaser of a flat or house and need an expert witness to give evidence in the First Tier Tribunal (Property Chamber), or Upper Chamber (Lands Tribunal), in relation to lease extension or enfranchisement.
Expert Witness – lease extensions and enfranchisement. Application to First Tier Tribunal (Property Chamber).
Two months post Counter-Notice date for flat lease extensions or block enfranchisement, or two months post Notice date for house enfranchisement, either party can apply for the First Tier Tribunal (Property Chamber) to determine any of the terms of the lease, premium, price, or transfer, as appropriate, remaining in dispute. Application must be within six months of Counter-Notice date in the case of flat lease extensions and block enfranchisement to avoid Deemed Withdrawal, that would necessitate waiting one year before being able to serve another Notice, or two years from the date of registration at the Land Registry, for a lease extension where a flat has been sold.
Statutory Process. Notice of Separate Representation.
In respect of lease extensions and block enfranchisement, any Intermediate Landlord is at any time after service of the Counter-Notice by the Competent Landlord, entitled to serve a Notice to be Separately Represented in any legal proceedings.
Statutory Process. Appeal.
There is a right of appeal to the Upper Tribunal (Lands Chamber) on certain grounds, and within a prescribed period after a determination by a First Tier Tribunal (Property Chamber).
Expert Witness – lease extensions and enfranchisement. Cost benefit analysis.
We may, or may not have been involved in prior negotiations over the premium / price. If these have not progressed so we can recommend settlement, we provide a Cost Benefit Analyses to assess the sense of proceeding with a hearing in the First Tier Tribunal (Property Chamber), or if the case is subsequently appealed, in the Upper Tribunal (Lands Chamber).
Expert Witness – lease extensions and enfranchisement. Giving expert evidence.
We are able to give expert evidence to the First Tier Tribunal (Property Chamber), and the Upper Chamber (Lands Tribunal), in relation to the:
- Premium for lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993. For details of how the premium is calculated see What premium will I receive? if you are a freeholder or intermediate leaseholder; or What premium will I have to pay? if you are a leaseholder, or purchaser.
- Price for enfranchisement of blocks of flats under the Leasehold Reform, Housing and Urban Development Act 1993. For details of how the price is calculated see What price will I receive for the block? if you are a freeholder or intermediate leaseholder; or What price will I have to pay for the block? if you are a leaseholder, or purchaser.
- Price for enfranchisement of houses under the Leasehold Reform Act 1967. For details of how the price is calculated see What price will I receive for the house? if you are a freeholder or intermediate leaseholder; or What price will I have to pay for the house? if you are a leaseholder, or purchaser.
If a decision is taken to proceed to tribunal, we prepare and give expert evidence at the hearing, after which the tribunal will issue their determination.
Expert Witness – lease extensions and enfranchisement. Examples of recent work.
We have recently:
Lease Extension – two flats: Given evidence to the First Tier Tribunal (Property Chamber), resulting in a saving of £1,080,000 in the premium, as compared to the one sought by the freeholder’s valuers in order to settle, rather than have the case determined by the Tribunal.
Mediation: Produced an expert witness report for solicitors acting for the client solicitors and their insurers to assist the reaching of agreement in relation to damages arising from the need to serve a fresh Notice of Claim due to the client solicitor’s negligence in failing to make an application in time for a block enfranchisement case to be determined by a First Tier Tribunal.
Negligent Solicitor: Produced an expert witness report on the damages likely to be payable arising from the need to wait a year from the date of Deemed Withdrawal in relation to concurrent multiple lease extension claims, where a negligent solicitor failed to make applications in time, for the cases to be determined by the First Tier Tribunal (Property Chamber).
Our services: We are able to produce expert witness reports and give expert evidence to the First Tier Tribunal (Property Chamber), and the Upper Chamber (Lands Tribunal), in relation to the premium for lease extensions, price for block enfranchisements, both under the Leasehold Reform, Housing and Urban Development Act 1993; and price for the enfranchisement of houses under the Leasehold Reform Act 1967. We are Chartered Surveyors, Regulated by RICS, with Registered Valuers that are experts in lease extensions and enfranchisement. We are also able to provide further information about Expert Witness – Lease Extensions and Enfranchisement.
