Wallace LLP is one of the pre-eminent firms and widely acknowledged as a forefront advisor in the specialist and complex area of Leasehold Enfranchisement and is consistently recommended by legal directory Legal 500. The property litigation arm has delivered results both in and out of the Court and Tribunals for prestigious clients, developers, corporate tenants, investment funds, LPA receivers, high net worth individuals and a Tribunal appointed manager.
In 2023, the firm merged the Property Litigation and Leasehold Enfranchisement Departments to form the new ‘PLE’ department. The merger of the teams reflected their historically close working relationship and has further strengthened the firm’s ethos for the provision of a seamless and consolidated service to clients in these and other complex sectors.
The firm is recognised by industry commentators for its “high level of expertise, depth of applied knowledge, excellence in client communications, and innovation in enfranchisement”.
The PLE team has been involved in many leading enfranchisement decisions, several of which have set significant precedents, including conducting landmark litigation in the Supreme Court and Court of Appeal.
2024 has seen significant proposed changes in procedure and practices in the area of enfranchisement as a result of the proposed Leasehold and Freehold Reform Bill 2023 and PLE Department are providing advice and guidance to their clients regarding the proposed changes.
Experience & Notable Cases
- Advising clients and valuers on the Law Commission leasehold reforms and the future implications and effect on Enfranchisement and the housing market in general.
- Advising in relation to probably one of the largest cases involving multiple applications currently in the First- Tier Tribunal (Property Chamber) including in the first contested case concerning section 72 of the Building Safety Act 2022.
- Successfully representing the Freshwater group of companies (one of London’s largest private landlords) in hundreds of cases each year, including commercial lease renewals and general commercial landlord and tenant matters as well as enfranchisement claims
- Acting for Lexgorge in proceedings in the Supreme Court who subsequently gave detailed guidance on the definition of a “house” under the enfranchisement legislation. It was the first case of its kind to go to the Supreme Court.
- Acting for US private equity group Westbrook Partners in connection with its claim to acquire the freehold of Dolphin Square, a central London block of 1,229 apartments, from Friends Provident; this is the largest enfranchisement claim to date.
- Acting for an Intermediate Landlord in proceedings in the Court of Appeal where it was determined that an intermediate landlord can be bound by the decisions of the Competent Landlord on the amount to be paid to the intermediate landlord on the grant of a new lease. The outcome of the case has had a significant and wide ranging effect on this area of law.
- Acting for a Landlord that successfully obtained permission to appeal from the Upper Tribunal concerning the failure to take account of recent decisions on relativity (the relative value of the property held on an existing long lease compared to its freehold value). The case is now widely applied in valuation evidence.
- Successfully acted for a Tribunal appointed Manager in the Upper Tribunal on whether the management order was binding following the assignment of the landlord’s interest.
- Represented a group of over 200 lessees in complex applications to the Property Chamber. The issues included dispensation for the failure to consult over a QLTA and liability to pay service charges following a purported assignment by Liquidators of the rights and obligations of the insolvent estate management company under the leases to a third party.
- Advised on one of the UK’s largest RTM claims.
Testimonials
“The team has excellent knowledge of [the] sector’ and is ‘knowledgeable and responsive’ with the ability to ‘handle the biggest and most complex cases.” Legal 500, 2024.
Simon Serota is “massively experienced and knowledgeable” Legal 500 2024
“The Enfranchisement Team at Wallace LLP, headed by Samantha Bone, are one of the premier Leasehold Enfranchisement legal teams and have a wealth of expertise. Their sound advice over the years has proven invaluable in achieving the right outcome for our mutual clients.” Amaldo Ndokaj, Chartered Surveyor, Strettons
“Meera Patel is outstanding. She is knowledgeable and efficient combined with being quick thinking and an excellent communicator.” Legal 500, 2023
“Personal attention from the partner directly, who has exceptional leasehold and litigation expertise.” Legal 500, 2023
“The team at Wallace know more about leasehold enfranchisement than most solicitors. They have a great deal of experience and should be the top of list when choosing a solicitor in this field. They act for major clients and are frequently involved in the leading cases.” Carl Fain, Counsel, Tanfield Chambers (Testimonial in Legal 500 2024)
Key Individuals
Simon Serota
Partner
Simon is one of London’s top property litigators with an enviable track record. He established Wallace’s pioneering and much-admired dedicated Leasehold Enfranchisement team in 1996 and has built a team with a formidable reputation and a proven track record of precedent-setting work.
Simon specialises in all types of property litigation and dispute resolution including landlord and tenant disputes, breaches of covenant and Leasehold Enfranchisement and also appears as an advocate. He also undertakes a wide variety of general commercial litigation work including shareholder claims, professional negligence claims and asset recovery and protection.
Simon’s extensive expertise is unparalleled, and he is regularly called on by other practitioners and bodies (including the UK Home Office) to provide advice and insight. Simon is also renowned for constructing unique solutions to complex legal issues.
Samantha Bone
Partner
Samantha leads the Property Litigation & Enfranchisement (‘PLE’) department. She has built a renowned, thriving Leasehold Enfranchisement practice in a highly technical and specialised area of law, whose work has led to several precedent-setting enfranchisement decisions.
Samantha personally specialises in leasehold enfranchisement. She has been involved in a number of high-profile complex cases in leasehold enfranchisement including claims to acquire the freehold and leasehold. She has conduct of cases in the First-tier Tribunal, County Court, Upper Tribunal and the Supreme Court. Samantha also regularly acts as advocate in cases before the First-tier Tribunal particularly in cost cases and preliminary issues.
Meera Patel
Partner
Meera is a real estate litigator and partner with over 30 years’ experience. She leads the Property Litigation arm of the PLE team specialising in commercial landlord and tenant and property related disputes on a broad range of matters including, but not limited to forfeiture, dilapidations, the Building Safety Act 2022, and tenant insolvency including cases with a cross-jurisdictional aspect. She also brings experience in complex matters involving the First-tier Tribunal (Property Chamber) Residential Property and the Upper Tribunal and is acting on behalf of a Tribunal appointed manager in probably the largest dispute currently in the FTT.
Fleur Neale
Legal Director
Fleur is a Legal Director who specialises in Leasehold Enfranchisement and has over twenty years’ experience in this niche and complex area of law. She has a central role in the PLE department advising one of London’s largest private landlords (Freshwater Group of Companies), and also representing individual landlords, tenants and groups of tenants.
Fleur routinely conducts matters at the Property Chamber, Upper Tribunal and County & High Courts and has been involved in a number of landmark Leasehold Enfranchisement cases.
She deals with all contentious and non-contentious aspects of Leasehold Enfranchisement claims advising and acting in new lease claims, freehold title claims (houses & flats) and Right to Manage claims.
Rhiannon Saunders
Senior Associate
Rhiannon is a Senior Associate who joined the team in 2021 from Pinsent Masons. Since joining the team, Rhiannon has become a key member of the team on advising on all aspects of commercial and residential property disputes including forfeiture, tenant insolvency, possession proceedings, trespass claims, rent arrears and service charge disputes, dilapidations claims and business lease renewals, as well as advising land owners on the Telecommunications Code.
Rhiannon has had successful results in the High Court, the County Court, The First-Tier Tribunal (Property Chamber) and at mediations.
Beth Rose
Associate
Beth is an Associate who joined the team in 2023 who specialises in Leasehold Enfranchisement and represents both landlords and tenants. Beth advises both landlords and tenants in respect to the right of first refusal procedure under the Landlord and Tenant Act 1987, Right to Manage claims under the Commonhold and Leasehold Reform Act 2002, obligations of the Landlord/RTM companies under the Building Safety Act 2022 and a wide range of other landlord and tenant matters.
