Hague on Leasehold Enfranchisement
Anthony Radevsky and Damian Greenish
£230, seventh edition, Sweet & Maxwell
My work is in dispute resolution; therefore I refer queries relating to leasehold enfranchisement to my property colleagues. It is not an area of law that I have specifically covered in my previous studies. However, not knowing how something works always niggles a litigator, so I was very interested to have the chance to sit and look at this new edition.
Like most lawyers, I largely access online resources these days. Books are now available in all formats, but it was a rare treat on this occasion to work with an actual physical textbook and be able to turn the pages, consult the index and see the footnotes set out right there at the bottom of the appropriate page.
I am always in awe of any writer who can even begin to structure such a comprehensive book on a subject.
When one begins reading a textbook, the assumption is that it could never be possible to cover the more esoteric eventualities, individual case features and queries that practitioners may encounter. But somehow, this book achieves it.
It includes an introduction and background section at the start, which was very interesting. It is a useful reminder of the effect that the political landscape and government elections have on the evolution of legislation and whether a concept develops or stalls.
The last edition of this book was published in 2014 and this new edition brings together the supplements issued since then along with updated case law.
Chapters 2-17 provide a detailed discussion of the statutory terms, including a wide range of examples in relation to premises, tenancies and persons qualifying under the Leasehold Reform Act 1967. The statutory notice and valuation procedures are carefully explained, as is the method of acquiring the freehold or extending a lease and the terms that may apply to the new arrangement. The process for making application to the court or tribunal and the appropriate forum in which to do so are explained. There are chapters relating to enlargement of long terms and places of worship.
Chapters 20-28 focus on collective enfranchisement and again take us comprehensively through the qualifying premises and parties, notice procedures, purchase price and terms.
Chapters 29-33 relate to individual new leases of flats under the Leasehold Reform, Housing and Urban Development Act 1993. These chapters also include the relevant ‘how to’ guidance, as well as sections on the grant and calculation of premium for the new lease.
Chapter 34 is the classic miscellaneous section, with helpful guidance in relation to practitioner headaches such as missing or incapacitated landlord, trusts and methods of, or dispensing with, service in non-standard cases.
Chapter 35 is on management schemes: who may apply and how, and the obligatory and other contents of a scheme.
The precedent bank included is also useful and comprehensive.
This book is an important resource for practitioners encountering or applying this area of law.
Jenny Kemp is an associate at WBW Solicitors, Newton Abbot