Lawyers Who Specialise in Residential Leasehold and Freehold Work
ALEP, or the Association of Leasehold Enfranchisement Practitioners, ensures that residential leaseholders and freeholders can find genuine experts to handle leasehold enfranchisement, lease extensions, right to manage and another leasehold issue on their behalf. These are complex areas of law and few solicitors specialise in this area – that’s why making sure that you use ALEP registered solicitors is so important.
Representation in these kind of cases by a specialist residential leasehold solicitor is the best way to make sure that the process goes as smoothly as possible.
Following the steps in the correct order is essential if you want to exercise your legal rights. Our ALEP registered solicitors will explain the procedure to you and, where necessary, negotiate on your behalf to secure the best price for the transaction. They will hold your hand throughout the process – avoiding delays and ensuring that you get the right outcome.
Here at Bonallack & Bishop, our specialist leasehold team have been ALEP members for many years now
Over the last 20 years or so we have helped over 10,000 people to extend their leases, by their freeholds or exercise the right to manage their own block. And we are also the only law firm recommended by the HomeOwners Alliance for lease extension, freehold purchase and RTM work.
But don’t just take our word for it – click here to read just some of the reviews with had from happy lease extension, enfranchisement and freehold purchase clients.
Got a question about lease extension or enfranchisement? Looking for a specialist solicitor? Call us on FREEPHONE 0800 1404544 for FREE initial phone advice – with no strings attached.
What is ALEP?
The Association of Leasehold Enfranchisement Practitioners aims to ensure that leaseholders and freeholders can access experts to represent them in leasehold transactions.
It is the only organisation representing legal professionals in the residential leasehold enfranchisement sector. ALEP members are experienced practitioners with a sound understanding of negotiating issues relating to collective enfranchisement. Membership is strictly controlled with a strict application process to ensure that members both are already and remain genuine experts in the field.
And as well as solicitors, ALEP members also include specialist barristers, managing agents, project managers, and surveyors.
Membership requires evidence of continuing work on sizeable enfranchisement projects and references from clients or fellow practitioners confirming expert representation in significant completed projects. Our 6 strong team, for example, do nothing but this kind of work – lease extension, enfranchisement, RTM and licence to alter cases.
Why ALEP?
ALEP exists to ensure that leaseholders and freeholders can identify and instruct legal specialists when leasehold expertise is needed. They provide expert training to members, promoting best practice through a code of practice, provide a forum where member can exchange and provide input to government and the press on relevant issues.
Why use ALEP registered solicitors?
Leasehold transactions such as collective enfranchisement, lease extension and right to manage are complicated. And what’s more, the vast majority of residential conveyancing solicitors rarely handle this kind of work and frankly do not usually have the necessary experience.
By choosing ALEP registered solicitors, you can be confident that your solicitor will understand how to deal effectively with your case. This includes:
· Following the correct steps in the correct order
· Assisting in price negotiation
· Negotiating amendments to the lease, where necessary
· Drafting the legal documents such as the transfer of freehold or new extended lease
· Completing and registering your freehold purchase or lease extension
IMPORTANT LEASEHOLD UPDATE
The Leasehold and Freehold Reform Act 2024 was passed on 24 May. However the reforms won’t come into effect unless and until the Act is actually implemented. And that does not look likely before 2025 or even 2026. Until then, the information about residential leasehold issues on this page continues to apply.
Keep up-to-date with the proposed changes – click here to read our Leasehold Reform Latest News
Services offered by ALEP registered solicitors 
As both members of ALEP and experienced leasehold solicitors, we offer a full range of services, including :
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The leasehold enfranchisement process
Leasehold enfranchisement refers to the purchase of the freehold by leaseholders. It applies to both residential leasehold flats and apartments and to the purchase of freehold of a leasehold house.
The benefits of real purchase give you much more control over your own building – and in particular include the following real advantages:
· You and your fellow leaseholders can extend your leases to 999 years without paying a premium
· You will have the right to choose what maintenance work to have carried out, who will do the work and when you want it done
· You can shop around for the best deal for insurance and repairs
· You can eliminate ground rent
· You and your fellow leaseholders can change any restrictions over the property, for example, you could decide to allow alterations or subletting
· Owning a share of the freehold can mean your property is worth more and will be easier to sell
If you ask us to deal with the formal purchase of your freehold, the steps will include:
· Checking that you and your fellow leaseholders are eligible for enfranchisement
· Putting you in touch with a specialist enfranchisement surveyor who will prepare the valuation you need
· Drafting a participation agreement for all participating leaseholders to sign
· Setting up a management company to take on the freehold and related tasks
· Drafting and serving a notice on your freeholder advising them that you wish to buy the freehold
· assisting any surveyor in negotiating the price and any other terms with your freeholder
· Where necessary, asking the First-tier Tribunal (Property Chamber) to decide on the premium if you and the freeholder cannot come to an agreement
· Completing the enfranchisement process
Click here to read more about lease enfranchisement
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Lease extension
As ALEP registered solicitors, we also deal with lease extensions. If you are not able to buy the freehold, for example, if your fellow leaseholders do not want to participate in the process, we can represent you in securing a lease extension.
Most leaseholders have the right to extend their lease. If you intend to exercise your right and use the formal or statutory lease extension route, the law currently requires you to own your property for at least two years to be eligible. One way around this requirement is for the vendors to start the process (provided they have owned the property for 2 years, and then to have the benefit of that application I signed over to you on completion of the purchase – allowing you to continue with the application to extend your lease without any further delay.
A similar process to enfranchisement is necessary, including:
· Valuing the lease extension
· Serving notice on the freeholder offering a price in return for an extended lease
· Negotiations
· Preparation and signing of a new lease
Click here to read more about lease extension
NB the need to have owned the property for 2 years and the requirement to follow a strict timetable doesn’t apply if you opt instead for the voluntary or informal lease extension route – though this option leaves you vulnerable if the freeholder change their mind, because there is nothing you can do about it.
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Right of first refusal
The right of 1st refusal, or RFR, refers to the requirement that any freeholder, when looking to sell the freehold, must 1st offer it to the leaseholders. Again there is a strict timetable and process to follow. Failing to offer the RF are to leaseholders is a criminal offence. Our ALEP registered solicitors regularly deal with RFR cases on behalf of both leaseholders and freeholders nationwide.
Click here to read more about the right of 1st refusal
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Right to manage
If you and your fellow leaseholders want to deal with the administration of your block but you are not in a position to buy the freehold, we can represent you in taking over the right to manage.
This will give you the authority to do the following:
· Arrange buildings insurance
· Organise repairs and maintenance
· Set the level of service charges and sinking fund contributions
· If you choose, you and your fellow leaseholders can engage a managing agent to handle the management of the block on your behalf.
But unlike enfranchisement, exercising your right to manage and taking over control the management of your block is normally much cheaper – simply because no premium is due to the freeholder.
Click here to read more about exercising the right to manage your block
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Licence to alter
A Licence to alter is a legal document allowing a leaseholder to make changes to a leasehold house or flat leasehold property. It’s also known as a Licence for Alterations.
Many leases contain clauses limiting changes that any leaseholder can make to their own property – either entirely or without permission from the freeholder. Our ALEP registered solicitors regularly handle applications for a licence to alter
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Leasehold disputes
Sadly shared leasehold ownership often produces problems and disagreements. Our specialist property dispute team regularly act in both.
Click here to find out more about disputes between freeholders and leaseholders and shared freehold disputes.
