I have been a property solicitor for about 17 years. I love the variety of work as I deal with both enfranchisement, management disputes and litigation. No two leases are the same so there is always something to note in each lease. Working in property also gives me the privilege of going on life’s journey with my clients: from buying a first flat, getting a loft conversion as the family grows, having to extend a lease to sell a family home due to divorce, or downsizing to a retirement property.
This area of property law is niche. Dealing with professionals on the other side who are just dabbling in it can be frustrating – and drag cases out. It is hard to explain to clients when the system is randomly unfair. For example, on some developments, developers or landlords have undertaken to the government to release owners from rising ground rents and pay their legal costs. Others in the same situation but on different developments must pay to be released or rid themselves of ground rent by extending the lease at their own expense.
I was previously at the Ministry of Housing, Communities and Local Government, where I was engaged to work on leasehold reform as a policy adviser. However, this coincided with preparations for exiting the EU, with or without a deal. It was a unique period in the UK’s history and I ended up assisting with that, even working shifts as we were busy round the clock. Concerns ranged from the general effect of Brexit on ports to the risks of border delays to the survival of imported day-old chicks. It was fascinating to experience how different government ministries worked together during this period.
'The current form of commonhold and the conversion process are too prescriptive and inflexible – or there would be many more commonhold properties. The need for everyone with any interest in the building to agree is an impediment'
I managed the production of two best practice codes on major works for social landlords and leaseholders for the Welsh government. Social landlords in Wales were undertaking major works on their housing stock to meet the Welsh Housing Quality Standard (the equivalent of Decent Homes Standard in England). I worked with them to put together a best practice code to help them comply with section 20 consultation requirements and offer payment options to leaseholders. As part of the project, I got to travel all over north and south Wales, consulting leaseholders and meeting with social landlords to discuss their processes and identify examples of best practice to share with others. It was all interesting, and a learning curve for me as I dealt with such unexpected topics as translating the guides into Welsh, liaising with graphic designers, and getting the new code an ISBN number.
I qualified as a mediator while working at The Leasehold Advisory Service (LEASE). One highlight was successfully assisting parties in dispute to reach a settlement through mediation. We also offered a duty scheme at the London First-tier Tribunal (Property Chamber) where litigants in person could get legal advice about their cases on the day of the hearing or beforehand. I also enjoyed delivering training, particularly to social landlords on service charges and section 20 consultation and shared ownership. On a day-to-day basis, my work at LEASE involved assisting individuals by reviewing leases and advising them about their legal rights, obligations and options for resolving service charge or management disputes and taking over management, thereby empowering homeowners. The daily feedback was rewarding.
I am interested in reform and improving the system for home ownership. With my fellow members of the Law Society’s Conveyancing and Land Law committee, I get to advise the government and collaborate with stakeholders.
Commonhold as an alternative to leasehold tenure means that individual properties will be owned as freehold, doing away with the need to extend leases, pay ground rent or face the threat of forfeiture. But the current form of commonhold and the conversion process are too prescriptive and inflexible – or there would be many more commonhold properties already. The need for everyone with any interest in the building to agree to conversion is an impediment. At the moment, the drawbacks of leasehold such as ground rents and limited length of term are being reformed through legislation.
No comments yet