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Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
There may be times where disagreements occur and questions arise over who should be responsible for certain aspects of the property. This is called a leasehold dispute, and when they occur, it can leave everyone feeling a mixture of emotions and often worried about what this may mean for them and their future surrounding the property.
In this article, we will have a look into what leasehold disputes are, and provide you with some simple steps that may help you to solve a dispute without there being large costs involved.
We cover:
A leasehold dispute arises when there is a disagreement or conflict between the leaseholder (the tenant) and the freeholder (the landlord). Leasehold arrangements are really common, especially in the case of flats or apartments.
If you are a new or existing landlord, have a read of our Guide To Letting Leasehold Property so you can be sure you fully understand your legal rights and responsibilities.
Leasehold disputes can cover a wide range of issues such as:
As a leaseholder, your lease will tell you the conditions that you’ve agreed to before moving into the rented accommodation, for example:
It’s important to know your rights and responsibilities clearly before pursuing any leasehold disputes to ensure you have followed the rules.
Resolving leasehold disputes often involves various approaches, including negotiation, mediation, or, in some cases, legal action through a tribunal.
The First-tier Tribunal (Property Chamber) in England and the Leasehold Valuation Tribunal (LVT) in Wales are common forums for resolving leasehold disputes.
Alternative Dispute Resolution encompasses various processes, including mediation, conciliation, arbitration, and facilitation. These methods aim to provide parties with more flexible and often less formal alternatives to resolving conflicts.
Let’s have a look at an overview of each ADR method:
Description: Mediation involves a neutral third party, the mediator, who assists the disputing parties in reaching a voluntary and mutually acceptable resolution. The mediator facilitates communication, encourages collaboration, and helps the parties explore possible solutions.
Usage: Mediation is widely used, and many disputes, including family, workplace, and commercial disputes, are resolved through this method.
Description: Similar to mediation, conciliation involves a neutral third party, the conciliator, who helps parties in dispute reach an agreement. Conciliation is often used in employment and labour disputes.
Usage: Conciliation services are commonly provided by organisations such as ACAS (Advisory, Conciliation, and Arbitration Service) in the context of employment disputes.
Description: Arbitration involves an independent third party, the arbitrator, who considers the evidence and arguments presented by both sides and makes a binding decision to resolve the dispute. It is a more formal process than mediation or conciliation.
Usage: Arbitration is frequently used in commercial disputes, construction disputes, and other matters where parties agree to have their dispute settled by an arbitrator.
Description: Facilitation involves a neutral facilitator who guides a group or individuals through a process to reach a consensus or make decisions collaboratively. It is often used in group settings or community disputes.
Usage: Facilitation is employed in various contexts, including community engagement, planning, and public policy discussions.
ADR is encouraged by the UK legal system, and in some cases, you may be required to consider ADR before pursuing court proceedings. The Civil Procedure Rules in England and Wales, for example, promote the use of ADR to resolve disputes more efficiently and cost-effectively.
It’s worth noting that engaging in ADR processes can have cost implications, and you may be responsible for the costs of the ADR procedure, however these costs are generally lower than those associated with court proceedings.
Tribunals are independent bodies that hear and decide on cases across various areas of law, and they provide an alternative to traditional court proceedings. The application process may vary depending on the type of tribunal and the nature of the dispute.
To apply to a tribunal you should:
It's essential to carefully follow the specific guidelines and procedures outlined by the tribunal you are applying to.
Seeking legal advice or assistance from a solicitor, especially if your case involves complex legal issues, is advisable to ensure that your application is properly prepared and presented.
The Leasehold Valuation Tribunal (LVT) in Wales has been replaced by the First-tier Tribunal (Property Chamber) Wales. This change occurred as part of broader reforms to the tribunal system.
The First-tier Tribunal (Property Chamber) Wales has control over various property-related matters, including leasehold disputes. If you are dealing with a leasehold issue in Wales and are considering tribunal proceedings, you would typically apply to the First-tier Tribunal (Property Chamber) Wales rather than the former LVT.
Before proceeding to a tribunal, consider attempting negotiation or mediation to resolve the dispute. As discussed above, many disputes can be resolved amicably through discussion.
First, ensure that the issue falls within the jurisdiction of the First-tier Tribunal (Property Chamber) Wales. The tribunal deals with various property matters, and your case should align with its scope.
Obtain the appropriate application form from the tribunal's website or office. Complete the application as per the guidelines and ensure you attach all relevant documents needed.
Send the completed application form and supporting documents to the First-tier Tribunal (Property Chamber) Wales.
Whilst it is not a legal requirement to have a solicitor for a leasehold dispute, it is often advisable to seek professional advice and legal representation.
It's crucial to consider the nature and how complex your dispute is when deciding whether to involve a solicitor. For simpler matters, you may choose to handle the dispute yourself or seek initial advice from a Citizens Advice Bureau or a Leasehold Advisory Service.
However, for more complex or contentious issues, consulting with a solicitor is generally the best way to navigate the legal complexities effectively.
The council may not typically be directly involved in resolving leasehold disputes. Leasehold matters are usually private legal issues between the parties involved, such as leaseholders, freeholders, and managing agents.
However, there are specific situations where the council or local authorities may indirectly play a role or offer assistance:
LEASE is a government-funded organisation mentioned above that provides free advice on residential leasehold law. While not a council service, LEASE can offer guidance on leasehold-related matters, including disputes. You can contact LEASE for information and advice on your rights and options.
If the dispute involves the actions of a local authority, such as a housing department, and you believe there has been maladministration, you may consider approaching the Local Government Ombudsman. The Ombudsman investigates complaints against local authorities and can provide recommendations for resolution.
Some local councils have housing departments that may offer general advice on housing-related issues, including leasehold matters. However, their involvement is likely to be limited, and they may direct you to appropriate resources or organisations for specific leasehold advice.
In some cases, councils may become involved in addressing issues related to the use of communal spaces, noise, or anti-social behaviour in leasehold properties through the implementation of Public Spaces Protection Orders (PSPOs).
Leaseholders may consider applying to the First-tier Tribunal (Property Chamber) if they have been unable to resolve a leasehold dispute through negotiation or other informal means. The First-tier Tribunal (FTT) has jurisdiction over a range of property-related matters, including leasehold disputes.
Some common reasons leaseholders might apply to the FTT include:
Disputes with managing agents or issues related to the management of communal areas in leasehold properties may be brought to the FTT.
Applying to the FTT involves completing the relevant application form and providing supporting documentation. The FTT process is designed to be more accessible and less formal than traditional court proceedings. It often encourages parties to resolve disputes through mediation or negotiation before a formal hearing.
Before applying to the FTT, leaseholders are generally advised to explore alternative dispute resolution methods, such as negotiation or mediation, to try to reach an amicable resolution. Seeking legal advice or assistance from professionals, such as solicitors or organisations like the Leasehold Advisory Service (LEASE), can also be beneficial.
You do not necessarily have to go to court for leasehold disputes. The legal system encourages alternative dispute resolution (ADR) methods to resolve conflicts outside of formal court proceedings.
As mentioned earlier on in the article, before going to court, you could try negotiation; mediation; First-tier Tribunal - Property Chamber; or getting support from services with the Leasehold Advisory Service.
Of course, court proceedings and pursuing litigation through the court system is an option if any of these other methods fail, however it is generally considered a last resort due to the associated costs, time, and formality.
It's essential to seek professional advice, such as consulting with a solicitor, to explore the most appropriate and effective methods for resolving a specific leasehold dispute. The choice of dispute resolution method often depends on the nature and complexity of the issues involved.
If you find yourself in a leasehold dispute, our expert property solicitors are on hand to provide you with the legal support and guidance you need. Get in touch with us today and tell us about your case to get a free, no obligation assessment.
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