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Property Litigation & Leasehold Enfranchisement (PLE)

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We act for landlords and tenants in commercial and residential contentious property issues, including the niche field of enfranchisement.

The department prides itself in providing “personal attention from the partner directly, who has exceptional leasehold and litigation expertise”.

We have considerable experience of fighting cases through all relevant courts and tribunals, including taking cases to the Supreme Court.  We also represent clients at arbitration and other methods of ADR. Specialist expertise includes: contested lease renewals; breaches of covenant; dilapidations; forfeiture; rent reviews; right to manage; telecoms issues; the Building Safety Act 2022, advising Tribunal Appointed Managers; service charge disputes; and residential possession claims.

Wallace is one of the pre-eminent firms in the specialist and complex area of leasehold enfranchisement, recognised by industry commentators for our “high level of expertise, depth of applied knowledge, excellence in client communications, and innovation in enfranchisement”. 

Legal 500 accolades include that members of the PLE department are “able to handle the biggest and most complex cases’ and that the “team is one of the most experienced in leasehold enfranchisement. They really are one of the best in the field. They have dealt with complicated cases with consummate ease whilst fighting their client’s corner with the most favourable outcomes” with lawyers who have “excellent knowledge of the sector.” 

Additional accolades include that partner and head of department, Samantha Bone, “is one of the most fearsome in the field. Always makes the client feel at ease and keeps the burden of stress on her so the client feels the process went ever so smoothly.” 

Simon Serota is “just massively experienced and knowledgeable” and “simply outstanding, a great thinker, lawyer and strategist” and an “out of the box thinker and a true expert.”  

The directory describes Property Litigation partner and practice head, Meera Patel, as “excellent” with an  “extensive knowledge of commercial tenancies. Calm under pressure. A go-to person” and who is “knowledgeable and efficient combined with being quick thinking and an excellent communicator.”

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Testimonials

We have worked with Samantha Bone and her team for over 15 years. Of all the legal firms we work with, their efficiency and technical knowledge is consistently the best we have experienced

Ian Ailes, Director Andrew Scott Robinson Chartered Surveyors

 
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REPORTED CASES INCLUDE:

  • Acting on behalf of Lexgorge in the Supreme Court appeal on a landmark case on the definition of ‘a house’.

  • Brickfield Properties Ltd v Soil Miah Ullah & others - Acting successfully for a landlord on an appeal to the Upper Tribunal in relation to the calculation of relativity in a lease extension claim.

  • Deritend Investments (Birkdale) Limited v Tresknova - 5 Mansard Manor, successfully obtained an influential Upper Tribunal decision concerning the determination of relativity for the new lease claims under the 1993 Act.

  • Kateb v Howard de Walden at the Court of Appeal on whether the freeholder can bind an intermediate landlord as to the amount payable to it on the grant of a new lease

  • Brickfield Properties Limited (Freshwater Group of Companies) v Botten [2013] UKUT 0133 (LC) – Landmark case which confirmed that where a lease is varied pursuant to section 38 of the Landlord and Tenant Act 1987, the effective date of variation can pre-date the decision ordering variation.

Other notable work includes:

  • Representing a leading property company in opposing renewal of commercial leases on grounds of redevelopment and obtaining possession of an iconic Soho nightclub.

  • Acting for a commercial landlord in relation to the recovery of substantial arrears owed by Cineworld, a large cinema chain and subsequent insolvency issues, including a jurisdictional challenge to the tenant’s referral of lockdown arrears to arbitration and US Chapter 11 bankruptcy proceedings.

  •  Advised on a new stadium development for a major Premier League football club.

  • Provided urgent advice to a commercial landlord in respect of the proposed CVA of its tenant of a high value central London property and subsequent forfeiture of the lease to avoid being bound by the CVA.

  • Advised US private equity group Westbrook Partners in the largest enfranchisement claim to date.

  • Successfully acted for a Tribunal appointed Manager in the Upper Tribunal on the whether the management order was binding following the assignment of the landlord’s interest.

  • Advised a Tribunal appointed Manager regarding a challenge to the hotly contested Virgin Active group restructuring proposed under Part 26A of the Companies Act 2006.

  • Represented a large group of residential lessees of a central London development comprising over 450 flats in complex applications to the Property Chamber.

  • Acted on behalf of Daejan Estates Limited to obtain one of the first orders under ‘Rule 13’ to recover costs at the Tribunal caused by unreasonable conduct from the opposing party.

  • Advising various landlords and a Tribunal appointed Manager in connection with the Building Safety Act 2022.

  • Advising both landlords and tenants on claims to acquire the freeholds of buildings where there are complex issues of Development Value.

  • Acting for one of the largest residential landlords dealing with over 350 leasehold claims per annum.