The Leasehold Knowledge Partnership is compiling a database of effective lawyers who can be employed by leaseholders.
Time and again, LKP is contacted for advice on solicitors and barristers to represent leasehold owners in various disputes.
These can concern service charges, inter-company contracts, section 20s, contested right to manage applications or various paths to enfranchisement.
Numerous firms pitch for business at various events supposedly held on leasehold owners’ behalf, which are in fact trade shows.
Again and again, we see the same legal firms attending these events. We know that they are either thoroughly aggressive and predatory when working for freeholders, or are firms that have an established track record for bungling leasehold owner’s cases and costing money.
As a result, we will compile a database of legal practitioners – barristers as well as solicitors – of whom it can be demonstrated that they have done something useful for leaseholders.
The database would include reference to past cases, with a précis of the result.
At LKP, we are wary of recommending lawyers, as one can work well with a group of leaseholders, and be a dud for another.
But as a starting point, leasehold owners would find it extremely useful to know who in the legal world has represented leaseholders with some success.
Please send information with as much information as possible. Such as:
- General appraisal: pleasant, accessible, reliable communications, punctual, sober etc
- Outline the case
- The case reference number
- The result
Please send to
Goodlawyer@leaseholdknowledge.com
The illustration for this article shows the actress Reese Witherspoon in the popular cinema film “Legally Blonde”, and has been used by LKP for humorous effect. Any similarity to an existing leasehold legal professional is entirely coincidental.
Not sure about “general appraisal-sober”; one of the best lawyers I ever dealt with did his best work after “lunch” at the five bells!
I think people might like to see how well they explained the process, how the intial plan and timetable was ultimately met, and if there were potholes, how well they were handled.
… louche lawyers, louche managing agents and even wannabe louche directors of flat management companies? Not for me the Five Bells. I prefer the short sharp swift approach of the cutting-edge property litigatiion lawyerwho knows what he/she is talking about and speaks my language.
Ralph Bankes of Iliffes Booth Bennett fits the bill, admirably. The firm has a Criminal department, too, which is handy in the likely circumstances that the landlord is collecting service charge fraudulently. And, unlike most law firms dealing with leasehold matters, this one gains plaudits from utterly reliable sources: “a gem of a firm” according to Chambers 2013.
But then I and my client had a less than positive experience with that firm, which happily after and “oh right I see” moment ( residential L & T is a boutique practice) and it turned out well.
Thats why style and verve is not a broad indicator of ability otherwise we would all trust estate agents.
“We know that they are either thoroughly aggressive and predatory when working for freeholders, or are firms that have an established track record for bungling leasehold owner’s cases and costing money.”
Yes, this is very right. They are aggressive, bully and much more. This is another very important and positive step taken by LKP to help to vulnerable leaseholders. Thank you for this.
In my case ; freehold’s Legal team on the night before hearing invoiced me for nearly £5000.00 legal costs!. They asked for similar costs from another leaseholder, which we had a joint hearing together. That night was the most horrifying night of my life. When they came to the court, they even did not have accounts with them.
We’ve just been through a full day of the new LVT. There is tonnes missing from above that will see your expectations ripped to shreds. Subjects such as:
-Witnesses and the low value of written statements vs the witnesses turning up and talking.
-Jurisdiction of the LVT and how it can be horribly curtailed invalidating your bundle. You wont be told before, or may receive one set of directions and then the change only happens on the day itself. Both you and the managing agent can be caught by this, so its a fairly equally applied disadvantage.
-Different lvt case officers will give wildly different advice for the LVT from yes you must, to no you dont have to do that.
-Managing agents dont get penalised for providing the info either late, not at all, or hiding it in their hands and introducing on the day like magic. The lvt will unshameably allow it, despite anything you are told to the contrary.
-Lvts will not listen to any non legal person pointing out the bleeding obvious in the lease. Its a subtle form of professional predujice and once you get over it and the impact it has, it is quite frankly embarrassing in intelligent adults. If youre used to dealing with contracts and or/leases it will be especially galling. So if your argument involves the lease, use a legal bod to read it out, so they will not discount simply because you said it.
-If your service calculations are complex, the lvt will not understand them, nor feel inclined to do so. The managing agents numbers will be fact, especially if they are estimates.
-You may have a carefully constructed argument in your bundle. You will simply get a chance to ask questions of the other side after they say why they want your money. If you refer to your own bundle expect huffing and puffing from the Lvt and you wont be able to run through it.
– Its not all bad, they are human either all. Its a percular, insulated world and you cant really represent yourself unless you know how it works. But as I said the lvt are human and so try. You do get lifelines, look for them and grab with both hands.
-The biggest problem is the relaxed rules. You wont be be able to take advantage of them, the people doing it day in and day out will. And they will be the in-crowd, no matter how truely awful they are and have treated your, and lets be frank, precious home. So they take liberties, and will flaunt them infront of you like perchulant teenagers. You have to be adult, no matter how much you may want to ground them.
Good luck.