Leasehold Dispute Solicitors
Unreasonable service charges. Lease extensions denied or priced unfairly. Ground rents that make your property unmortgageable. Leasehold disputes are common — and leaseholders have more rights than most realise.
Leaseholders in England and Wales have significant statutory rights to challenge service charges, extend their lease, acquire the freehold collectively, and take over management of their building. These rights are time-limited and procedurally specific. A specialist solicitor navigates the First-tier Tribunal (Property Chamber), statutory processes, and direct negotiation to protect your interests and the value of your property.
Leaseholder Rights
The legal protections available to residential leaseholders.
Leaseholders are often at a disadvantage relative to freeholders — but the law provides extensive statutory protections. The key is knowing which rights apply and exercising them correctly.
Service charge disputes
Service charges must be reasonable and the works they cover must have been carried out to a reasonable standard. Leaseholders can apply to the First-tier Tribunal (Property Chamber) to determine whether service charges are payable and, if so, in what amount. The tribunal can reduce or disallow charges it finds unreasonable. Freeholders must also consult leaseholders before carrying out major works costing over £250 per leaseholder — failure to consult limits the recoverable charge to £250. A solicitor will identify any consultation failure and advise on challenging the charges.
Lease extension
A residential leaseholder who has owned their flat for at least 2 years has a statutory right to extend their lease by 90 years (added to the unexpired term) at a peppercorn ground rent. The premium is calculated by a statutory formula and can be determined by the First-tier Tribunal if agreement cannot be reached. Extending a lease under 80 years becomes significantly more expensive. A solicitor will serve the Section 42 notice, negotiate the premium, and manage the tribunal process if needed.
Collective enfranchisement
Where at least half of the qualifying leaseholders in a building wish to purchase the freehold collectively, they have a statutory right to do so at a price determined by a statutory formula. The process is complex and strictly procedural — the initial notice must be correctly served, and the freeholder's counter-notice responded to within set deadlines. A solicitor will advise on qualification, serve the Section 13 notice, negotiate the purchase price, and manage the transaction from start to finish.
Right to Manage (RTM)
Qualifying leaseholders can collectively take over the management of their building by forming a Right to Manage company — without having to prove that the freeholder has been at fault. The RTM process transfers management functions — including appointment of managing agents, service charge collection, and maintenance — to the RTM company. A solicitor will advise on qualification, form the RTM company, serve the claim notice, and manage the transfer of management functions.
Forfeiture and breach of lease
A freeholder can attempt to forfeit a lease (terminate it) where a leaseholder is in breach of lease obligations — typically for arrears of service charges or ground rent, or breach of other lease covenants. Forfeiture has strict procedural requirements and leaseholders have a right to apply for relief from forfeiture. Courts grant relief in most cases where arrears are paid and the breach is remedied. A solicitor will challenge any forfeiture attempt and seek relief from the court urgently where needed.
Ground rent and the Leasehold Reform Act 2022
The Leasehold Reform (Ground Rent) Act 2022 abolished ground rents for new residential leases — restricting them to a peppercorn. Existing high or escalating ground rents continue to apply to existing leases, though they affect mortgageability. The Leasehold and Freehold Reform Act 2024 further extended leaseholder rights. A solicitor will advise on how your ground rent terms affect the lease extension process and whether any current or forthcoming legislative protections apply.