Louise Clark
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.
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)
15 Contributions by Louise Clark
PRACTICE NOTES
Collective Enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993: Qualifying Criteria, Procedure, Valuation, Costs and Leasebacks (England and Wales)
This Practice Note explains the statutory entitlement, subject to statutory qualifying conditions, of qualifying tenants with long leases of flats to acquire, collectively, the freehold of the building containing those flats under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It outlines the tests for qualifying premises and tenants, the service of a section 13 notice and any section 21 counter-notice, applications to the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales), County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition. For a summary of typical time limits involved in the collective enfranchisement procedure, see Practice Note: Quick guide to time limits for collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993.
The collective right to enfranchise
Subject to the various qualifying requirements, tenants holding long leases of flats enjoy a collective right under LRHUDA 1993, section 1, to secure acquisition of the freehold (and any intermediate leasehold interests) of the relevant premises together with any common areas (eg gardens, car parks, etc), with the acquisition carried out on their behalf by a nominee purchaser at a purchase price determined under LRHUDA 1993...
Property Disputes
PRACTICE NOTES
Collective enfranchisement: statutory deadlines, notices, applications and sanctions under the Leasehold Reform, Housing and Urban Development Act 1993 (England and Wales)
FORTHCOMING CHANGES :
There are a number of proposed reforms to the leasehold and enfranchisement landscape—see Practice Note: Property key future developments tracker for further details. This Practice Note sets out the principal time limits for exercising the statutory entitlement (subject to statutory qualifying criteria) of qualifying tenants holding long leases of flats to together acquire the freehold of the relevant premises containing the flats (collective enfranchisement) under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It also explains the implications of missing those deadlines, including limits for service of a section 21 counter-notice, for service of the draft lease and responses, and for applications to the First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and/or to the County Court. For more comprehensive guidance on the LRHUDA 1993 collective enfranchisement route, see Practice Note: Guide to the right to collective enfranchisement under the Leasehold, Reform Housing and Urban Development Act 1993.
Reversioner’s response to a tenant notice seeking information: within 28 days from the giving of the notice; sanction: default notice and application to the County Court for a default order; LRHUDA 1993, ss 11, 92...
Property Disputes
PRACTICE NOTES
House enfranchisement and 50-year lease extensions under the LRA 1967: qualifications, notices, valuation and procedure (England and Wales)
This Practice Note sets out the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of houses to obtain the freehold (individual enfranchisement), or to secure a 50-year extension of the house lease under the Leasehold Reform Act 1967 (LRA 1967).
It offers guidance on the qualifying criteria for premises and tenants, service of a tenant’s claim notice and the landlord’s notice in reply, applications to the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales) and County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition.
Houses—the right to enfranchise
A tenant of a leasehold house and any attendant premises (such as a garden, garage, yard, etc) is entitled under the LRA 1967 to acquire:
the freehold where all of the following are satisfied:
the tenancy is a long tenancy (see Long tenancy below) (references to long tenancy exclude business tenancies save in certain specified situations, including where it is a business tenancy originally granted for 35 years or more)
it is not an excluded tenancy (see Leases which cannot be enfranchised)
there is no superior tenancy which...
Property Disputes
PRACTICE NOTES
Leasehold Reform, Housing and Urban Development Act 1993: Flats—Procedural Time Limits, Notices, Tribunal/Court Applications and Sanctions (England and Wales)
This Practice Note sets out the principal deadlines for exercising the statutory right—subject to qualifying criteria—of a tenant with a long lease of a flat to secure a 90‑year lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It also outlines the repercussions of missing those deadlines, including the timetables for serving a section 45 counter‑notice, issuing the draft lease and any replies, and making applications to the First‑tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales) and/or to the County Court. For fuller, step‑by‑step guidance on the LRHUDA 1993 lease extension process, see Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993...
Time Limits
Below is a table which summarises, for ease of reference, the time limits contained in this Practice Note.
Action: Landlord response to tenant section 41 notice requiring information
Time limit: Within 28 days of service of the notice
Sanction: Tenant may serve a default notice and apply to the County Court for a default order
LRHUDA 1993 or related legislative provision: LRHUDA 1993, ss 41 and 92
...
Property Disputes
PRACTICE NOTES
Right of first refusal under the Landlord and Tenant Act 1987: scope, qualifying tenants, relevant disposals, section 5 notices, enforcement, remedies and avoidance strategies (England and Wales)
This Practice Note looks at the effect of Part 1 of the Landlord and Tenant Act 1987
This Practice Note explores Part 1 of the Landlord and Tenant Act 1987, addressing:
When the right of first refusal is engaged
The landlord’s duty to sever transactions so buildings are disposed of separately
How to identify a relevant landlord, a qualifying tenant, and a relevant disposal
The process for serving offer and acceptance notices, and what happens if tenants do not accept
Enforcement, tenants’ rights against a purchaser, and avoidance methods
Under Part 1 of the LTA 1987, qualifying tenants of flats are afforded a right of first refusal, allowing them to acquire their landlord’s interest if and when the landlord proposes to dispose of it. The right operates in negative form: the landlord is barred from making a relevant disposal unless a notice complying with section 5 of the 1987 Act (a ‘section 5 notice’) is first served on the qualifying tenants, and the transaction then proceeds in accordance with the statutory framework. Those statutory requirements are intended to ensure that, once it is established that the tenants do not wish to exercise their rights on the specified terms, the landlord cannot...
Property Disputes
PRACTICE NOTES
Statutory Lease Extensions of Flats under LRHUDA 1993: Eligibility, Valuation, Marriage Value, Section 42/45 Notices, FTT/County Court Procedure, Intermediate Landlords, Registration and Costs (England and Wales)
This Practice Note outlines the statutory entitlement (subject to statutory qualifying criteria) of a tenant holding a long lease of a flat to acquire a 90-year extension of that lease under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It includes guidance on valuation and the assessment of the premium; procedure, including service of a section 42 notice and a section 45 counter-notice; the position of intermediate landlords; registration; assignment; initial deposit; consequences of non-compliance; terms of the new lease; First-tier Tribunal (FTT) (or Leasehold Valuation Tribunal (LVT) in Wales) and County Court procedure; payment of the premium; completion; and withdrawal of claim.
For a table setting out common statutory time limits in the lease extension procedure, see Practice Note: Quick guide to time limits for lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993.
The right to an extended lease
A tenant with a long lease of a flat has a statutory right (subject to meeting the statutory qualifying criteria) to a 90-year extension under LRHUDA 1993, on broadly the same terms as the existing lease, at a peppercorn rent, on payment of a premium. The tenant may exercise the right even though...
Property Disputes
CHECKLISTS
Lease extension of flats under LRHUDA 1993: tenants’ s42 claim procedure, s45 counter-notice, FTT/County Court deadlines, redevelopment objections, completion and registration - practitioner checklist (England and Wales)
Checklist
This Checklist outlines the actions and key timeframes a tenant must follow when serving a notice of claim under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). It addresses the landlord’s section 45 counter-notice, including whether the claim is accepted or rejected and any opposition based on an intention to redevelop. It also sets out the deadlines for applying to the First-tier Tribunal (FTT) — or the Leasehold Valuation Tribunal (LVT) in Wales — to determine terms where agreement cannot be reached, and for commencing County Court proceedings if the lease is not completed within the statutory period once terms have been agreed or determined. For guidance on the steps required of a landlord, see: Lease extension of flats under LRHUDA 1993 (preparation and procedure) for landlords—checklist...
Property Disputes
CHECKLISTS
LRHUDA 1993 flat lease extensions: landlords’ procedural checklist with statutory time limits—s42/s45 notices, redevelopment opposition, FTT/LVT and County Court applications (England and Wales)
Checklist
This Checklist outlines the considerations and actions a landlord must take, together with the relevant timings and cut-off dates for those actions, after a tenant issues a request for information and/or serves a notice of claim under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Matters covered include serving a landlord’s section 45 counter-notice, deciding whether to admit the claim or dispute it on the ground of an intention to redevelop, and time limits for applying to the First-tier Tribunal (FTT) (or, in Wales, the Leasehold Valuation Tribunal (LVT)) to determine terms where agreement is impossible, and/or to the County Court if completion of the lease has not occurred within the statutory period after terms are agreed or determined. For guidance in relation to the steps to be taken by a tenant, see: Lease extension of flats under LRHUDA 1993 (preparation and procedure) for tenants—checklist...
Property Disputes
CHECKLISTS
Tenant collective enfranchisement under LRHUDA 1993: s13/s21 procedural checklist, tribunal/court deadlines, completion and HMLR registration (England and Wales)
FORTHCOMING CHANGES :
There are several proposed reforms to the leasehold and enfranchisement framework-see Practice Note: Property key future developments tracker for further details.
This Checklist outlines what a tenant must consider and the actions required, with associated timetables and cut-off dates, to collectively buy the freehold of qualifying premises under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993).
It covers service of a section 13 notice of claim; review of a landlord’s section 21 counter-notice admitting or denying the claim and/or resisting it on redevelopment grounds (together with steps where the landlord fails to serve one); and the limits for applying to the First-tier Tribunal (FTT) (or, in Wales, the Leasehold Valuation Tribunal (LVT)) to settle terms if not agreed and/or to the County Court where the contract is not completed within the statutory period after terms are agreed or determined.
It also highlights steps required if a landlord fails to serve a counter-notice and the key timetable risks involved.
Guidance on tribunal applications and contract completion deadlines is included.
For landlord-focused procedure, see: Collective enfranchisement under LRHUDA 1993 (preparation and procedure) for landlords-checklist.
Seek a building surveyor’s advice on the practical aspects of a claim to...
Property Disputes
CHECKLISTS
Tenants’ Right of First Refusal (LTA 1987): Checklist on Relevant Disposals, Premises Tests, Qualifying Tenants, Requisite Majority, Offer Notices and Post-Acceptance Steps (England and Wales)
FORTHCOMING CHANGE :
The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This checklist sets out the principal issues to assess when handling a disposal of a property interest that is (or might be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987 (LTA 1987). For more detail and comprehensive guidance, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987.
Landlord
Is the intended transferor ‘the landlord’?
If yes, is the landlord ‘exempt’ or ‘resident’? In either situation, the right of first refusal does not arise.
Disposal
Is the landlord entering into an arrangement amounting to a ‘disposal’ (including a contract to create or dispose of an estate or interest in land, an assignment of rights under such a contract, or a contract to assign rights under such a contract)?
If so, is it a ‘relevant disposal’, ie not the grant of a tenancy of a single flat (with or without appurtenant premises) or any other disposal excluded under LTA 1987?...
Property Disputes
FLOWCHARTS
Collective Enfranchisement Flowchart (Leasehold Reform, Housing and Urban Development Act 1993): Section 13 to Section 21, Deadlines and FTT/LVT or Court Applications (England and Wales)
Dividing an estate in accordance with Islamic law is often intricate, and this flowchart outlines the principal actions required upon death as well as the heirs who are to be considered...
Property Disputes
FLOWCHARTS
Enfranchisement and lease extensions of houses under the Leasehold Reform Act 1967: procedural flowchart from tenant’s notice to FTT/LVT or County Court (England and Wales)
This flowchart outlines what a surviving spouse or civil partner is entitled to from a deceased partner’s estate on intestacy, with the result depending on the value of the estate and whether the deceased was also survived by children or remoter issue. It also identifies the destination of the estate where there is an intestacy and no surviving spouse or civil partner, in accordance with sections 46 and 47 of the Administration of Estates Act 1925. For guidance on the operation of the statutory intestacy rules, including the statutory trusts, see Practice Note: Intestacy—summary, Intestacy—beneficial entitlement and Intestacy—beneficial entitlement—Q&As...
Property Disputes
FLOWCHARTS
Section 21 HA 1988 possession of assured shorthold tenancies in England: standard procedure flowchart—preconditions, notice periods, issuing N5/N119, hearings, possession orders, and enforcement
The flow diagram outlines when an executor might renounce probate, the effects this has on administering the estate, and which other individuals may apply for a grant instead, in their place. It also additionally covers the circumstance in which a proving sole, or sole-surviving, executor dies, and explains how the chain of representation interacts with renunciation by their own executor(s). If one of several appointed executors dies after obtaining a grant, but there remain surviving, proving executors named in that grant, those executors will carry on acting...
Property Disputes
FLOWCHARTS
Section 8 HA 1988 possession (England and Wales): flowchart for terminating assured and assured shorthold tenancies—grounds, notice, proceedings, orders, enforcement, and Renters’ Rights Act 2025 changes
Is the risk assessment overseen at the highest level in the company?
To demonstrate commitment from the top to anti-bribery controls, a company officer or a member of the Board should be designated to supervise the anti-bribery and risk assessment process. See Practice Note: Anti-bribery and corruption policy.
Consider:
Do senior management or the Board hold ultimate responsibility for the risk assessment process?
Have duties for anti-bribery and corruption been delegated; if so, to whom and on what basis?
How is this recorded?
Has the company allocated bribery risk assessment to employees (for example, a compliance officer) who report directly to the Board?
How has the company ensured the risk assessment is fit for purpose and able to withstand scrutiny?...
Property Disputes
FLOWCHARTS
Statutory lease extension of flats (LRHUDA 1993): tenant’s claim flowchart—s.42 and s.45, FTT/LVT and County Court deadlines, redevelopment ground (England and Wales)
This Checklist
This checklist sets out key questions and considerations for local authority officers to weigh when defining the scope and content of a criminal investigation into a suspected criminal offence.
What offence(s) are under investigation? Examine the statute and determine:
the elements of the offence; and
who may commit the offence
What is the legal status of a potential defendant(s)? Is the potential defendant:
a registered company?
an LLP?
a partnership?
a sole trader?
an unincorporated association?
an individual?...
Property Disputes
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