Louise Clark#8064

Louise Clark

Commercial and Property Mediator and Property Law Consultant, Louise Clark Mediation
During a career spanning more than 30 years as a solicitor with Charles Russell Speechlys LLP Louise advised on all aspects of residential and commercial property disputes and established a reputation for assisting clients to achieve their objectives through negotiation, mediation or litigation. Louise is also a CEDR and ADR accredited mediator and has developed extensive experience in mediation of property disputes. Since retiring from Charles Russell Speechlys LLP in April 2021 Louise has focused on writing for property publications and developing her mediation practice. For more details visit www.louiseclarkmediation.co.uk. 

Contributed to

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Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993
Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993
Practice notes

This Practice Note discusses the statutory right (subject to statutory qualifying criteria) of a tenant who holds a long lease of a flat to buy a 90-year extension of the lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), including guidance in respect of valuation and calculation of premium, procedure including service of a section 42 notice and section 45 counter-notice, treatment of intermediate landlords, registration, assignment, deposit, failure to comply, terms of the new lease, First-tier Tribunal (or Leasehold Valuation Tribunal in Wales) and County Court procedure, payment of premium, completion, and withdrawal of claim.

Guide to the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993
Guide to the right to collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993
Practice notes

This Practice Note discusses the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of flats to collectively acquire the freehold of the relevant premises containing the flats (collectively enfranchise) under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), including guidance in respect of the qualifying criteria for premises and tenants, service of a section 13 notice and a section 21 counter-notice, applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales), County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition.

Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967)
Guide to the right to enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (LRA 1967)
Practice notes

This Practice Note discusses the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of houses to acquire the freehold (individual enfranchisement), or to buy a 50-year extension of the lease of the house under the Leasehold Reform Act 1967 (LRA 1967). It includes guidance in respect of the qualifying criteria for premises and tenants, service of a notice of tenant’s claim and landlord’s notice in reply, applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition.

Quick guide to terminating Assured and Assured Shorthold Tenancies
Quick guide to terminating Assured and Assured Shorthold Tenancies
Practice notes

The Housing Act 1988 governs the methods of determining both Assured Tenancies and Assured Shorthold Tenancies. This Practice Note provides a summary of the different methods including surrender, forfeiture, service of section 8 and section 21 notices and explains the options for possession proceedings.

Quick guide to time limits for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993
Quick guide to time limits for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993
Practice notes

This Practice Note summarises the key time limits involved in exercising the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of flats to collectively acquire the freehold of the relevant premises containing the flats (collectively enfranchise) under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), and the consequences of failing to meet those time limits, including the time limits for service of a section 21 counter-notice, for service of the draft lease and responses, for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and/or to the County Court.

Quick guide to time limits for lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993
Quick guide to time limits for lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993
Practice notes

This Practice Note summarises the key time limits involved in exercising the statutory right (subject to statutory qualifying criteria) of a tenant who holds a long lease of a flat to buy a 90-year extension of the lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), and the consequences of failing to meet those time limits, including the time limits for service of a section 45 counter-notice, for service of the draft lease and responses, for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and/or to the County Court.

Tenants' right of first refusal—Landlord and Tenant Act 1987
Tenants' right of first refusal—Landlord and Tenant Act 1987
Practice notes

This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987, including the circumstances in which the right of first refusal applies, the landlord’s obligation to sever transactions to dispose of buildings separately, how to identify a relevant landlord, a qualifying tenant, and a relevant disposal, the procedure for serving offer and acceptance notices, and the consequences of tenants failing to accept the offer. It also looks at enforcement, the tenants’ rights against a purchaser, and avoidance methods.

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for landlords—checklist
Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for landlords—checklist
Checklists

This Checklist sets out the considerations and steps to be taken by a landlord, and relevant timescales or deadlines for those steps, once qualifying tenants have served a section 13 notice to collectively acquire the freehold of relevant premises under the Leasehold Reform, Housing and Urban Development Act 1993. These include service of a landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop, and deadlines for an application to the First-tier Tribunal (or Leasehold Valuation Tribunal in Wales) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract is not completed within the statutory deadline once terms have been agreed/determined.

Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist
Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for tenants—checklist
Checklists

This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, for qualifying tenants of long leases of flats to collectively acquire the freehold of the relevant premises containing the flats under the Leasehold Reform, Housing and Urban Development Act 1993, including serving a section 13 notice of claim, considering the landlord’s section 21 counter-notice admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop (or taking steps in the event of the landlord’s failure to serve a counter-notice), and deadlines for an application to the First-tier Tribunal (or Leasehold Valuation Tribunal in Wales) for determination of terms if they cannot be agreed and/or the County Court in the event that the contract is not completed within the statutory deadline once terms have been agreed/determined.

Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (preparation and procedure) for landlords—checklist
Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (preparation and procedure) for landlords—checklist
Checklists

This Checklist sets out the considerations and steps to be taken by a landlord, and relevant timescales or deadlines for those steps, once a tenant has served a notice of tenant’s claim under the Leasehold Reform Act 1967 (LRA 1967). These include service of a notice in reply, admitting or not admitting a claim and/or opposing the claim on the basis of intention to occupy the home, or in the case of a lease extension, to redevelop, and considering whether or not to make an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and/or the County Court as appropriate depending on the issue in dispute.

Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (preparation and procedure) for tenants—checklist
Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967 (preparation and procedure) for tenants—checklist
Checklists

This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, once a tenant has served a notice of tenant’s claim under the Leasehold Reform Act 1967 (LRA 1967). These include making an application to the County Court for a declaration to acquire the freehold or for a new lease if a landlord does not serve a notice in reply within the time limit, negotiating terms of acquisition or of the new lease, including serving a notice of modification of terms if required within the applicable time limit, and considering whether or not to make an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and/or the County Court as appropriate depending on the issue in dispute.

Lease extension of flats under LRHUDA 1993 (preparation and procedure) for landlords—checklist
Lease extension of flats under LRHUDA 1993 (preparation and procedure) for landlords—checklist
Checklists

This Checklist sets out the considerations and steps to be taken by a landlord, and relevant timescales or deadlines for those steps, once a tenant has served a request for information and/or a notice of claim under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). These include service of a landlord’s section 45 counter-notice, admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop, and deadlines for an application to the First-tier Tribunal (or Leasehold Valuation Tribunal (LVT) in Wales) for determination of terms if they cannot be agreed and/or the County Court in the event that the lease is not completed within the statutory deadline once terms have been agreed/determined.

Lease extension of flats under LRHUDA 1993 (preparation and procedure) for tenants—checklist
Lease extension of flats under LRHUDA 1993 (preparation and procedure) for tenants—checklist
Checklists

This Checklist sets out the considerations and steps to be taken by a tenant, and relevant timescales or deadlines for those steps, for a tenant serving a notice of claim under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). These include the landlord’s section 45 counter-notice, admitting or not admitting a claim and/or opposing the claim on the basis of intention to redevelop, and deadlines for an application to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) for determination of terms if they cannot be agreed and/or the County Court in the event that the lease is not completed within the statutory deadline once terms have been agreed/determined.

Tenants’ right of first refusal—procedure—checklist
Tenants’ right of first refusal—procedure—checklist
Checklists

This Checklist identifies the main points to consider when dealing with a disposal of an interest in property that is (or may be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987.

Collective enfranchisement under LRHUDA 1993—flowchart
Collective enfranchisement under LRHUDA 1993—flowchart
Flowcharts

This Flowchart is for use on a tenant’s claim for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It sets out the steps from service of a tenant’s section 13 notice of claim, including a landlord’s section 21 counter-notice and deadlines for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales), and/or the County Court as appropriate.

Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967—flowchart
Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967—flowchart
Flowcharts

This Flowchart is for use on a tenant’s claim for enfranchisement or lease extension of a house under the Leasehold Reform Act 1967 (LRA 1967). It sets out the steps from service of a tenant’s notice of claim, including a landlord’s notice in reply, to applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and/or the County Court as appropriate depending on the issue in dispute.

Procedure on tenant’s claim for lease extension of flats under LRHUDA 1993—flowchart
Procedure on tenant’s claim for lease extension of flats under LRHUDA 1993—flowchart
Flowcharts

This Flowchart is for use on a tenant’s claim for a lease extension under the Leasehold Reform, Housing and Urban Development Act 1993. It sets out the steps from service of a tenant’s section 42 notice of claim, including a landlord’s section 45 counter-notice and deadlines for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales), and/or the County Court as appropriate.

Terminating an assured shorthold tenancy under section 21 of the Housing Act 1988–flowchart
Terminating an assured shorthold tenancy under section 21 of the Housing Act 1988–flowchart
Flowcharts

This Flowchart sets out the procedure for terminating an assured shorthold tenancy under section 21 of the Housing Act 1988 using the standard possession procedure, including the timing for serving a section 21 notice, issuing proceedings and stages in the proceedings leading to an order for possession.

Terminating assured and assured shorthold tenancies under section 8 of the Housing Act 1988—flowchart
Terminating assured and assured shorthold tenancies under section 8 of the Housing Act 1988—flowchart
Flowcharts

This Flowchart sets out the procedure for terminating an assured or assured shorthold tenancy under section 8 of the Housing Act 1988, including service of a section 8 notice, issuing proceedings and the stages in the proceedings leading to an order for possession.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 1986; Appointed Partner in 1997

Experience

  • Charles Russell Speechlys LLP (1991 - 2021)

Membership

  • Property Litigation Association
  • The Law Society
  • RICS Dilapidations Forum

Qualification

  • BA (Hons) History (1981)

Education

  • University of Reading (1978 -1981)

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