Author Archives: Ben Colenutt

Ben Colenutt

About Ben Colenutt

I joined Jamieson Alexander in April 2015 specialising in lease extension and enfranchisement matters, as well as Landlord and Tenant issues for either Landlords or Tenants including service charge disputes, ground rent arrears and the right to first refusal under the Landlord and Tenant Act 1987. With considerable experience in lease extension and enfranchisement claims, under both the Leasehold Reform Housing and Urban Development Act 1993 and the Leasehold Reform Act 1967, for Freeholders and for Lessees, I am able to provide detailed advice to clients on the processes involved, eligibility, timescales and costs as well as the finer details and idiosyncrasies of the legislation itself. Having trained as a litigator from the outset of my career in Law, I am also able to provide detailed Dispute Resolution advice to clients on a range of matters, advise on enforcement of judgments and assist employers and employees when relations sour.


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Absent Freeholders – What can you do?

Missing, inactive, dissolved or just useless Freeholder?

If you own leasehold property and your Freeholder is failing to maintain or insure it, you are putting your investment at risk.

If your lease is shorter than 90 years you should be thinking about obtaining a Lease Extension in the next few years to avoid it dropping below the threshold for marriage value of 80 years, but if the Freeholder is absent you might not know where to begin with the process.

We can help with Missing or Absent Freeholders

Whatever the symptom being caused by your missing or absent freeholder, Jamieson Alexander can assist you in resolving the issue.

If you a looking to extend your lease the fact that your Freeholder is absent will not prevent you from doing so.
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Lease Extensions – But I own my Flat, right??

Many flat owners overlook the nature of their ownership, they simply assume or in some cases believe that the flat is theirs outright. It’s not just flats that are held on long leases, some houses are too, for various reasons. Owners of leasehold property often believe that as they have paid the market value for their home or an investment property then that’s that, they can sit back and watch the property market rise and their investment in the property increase in value.

Caution is advised however, as too often I see clients who are coming to sell their leasehold property only to realise that the lease has shortened to a point where the sale value of the property is significantly affected.

Many mortgage lenders today will not lend to purchasers of leasehold property with less than 80 years left on the lease, and most will not lend to leases under 70 years. Trying to sell a leasehold property with leases of 80, 70 or even less years becomes tricky at best, and the reality is that if one is only able to sell to a cash buyer the market of potential purchasers is much smaller, and therefore the demand and sale value reduced significantly.

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