Enforceability of Restrictive Covenants
Restrictive covenants can stymie development. The case of Bath Rugby Limited v 77 Great Pulteney Street Limited and Godfrey Douglas White and Others illustrates the point.
As members of the Association of Leasehold Enfranchisement Practitioners (ALEP), Ashley Wilson Solicitors are experts in collective enfranchisement – compelling your freeholder to sell the freehold of your property to you, the Leaseholder.
Understanding the technicalities of the legislation will provide you with the best advice to achieve your objectives. We work closely with your instructed valuation company to ensure that you achieve the very best result from a financial perspective and support you through the process to ensure a smooth transition.
Our expert team of solicitors can provide you with advice around whether the extent of the property you are entitled to acquire and all the information you need to help you start a claim to buy your freehold and undertake all legal and compliance actions on your behalf.
The “right to manage” is a useful tool in the event that you, like many others, are experiencing poor management of their building or paying high services charges and management fees and receiving little or no benefit.
By exercising your right to take over the management of your building you will take control and ensure that your services charges are reasonable and you benefit from the money which you are spending.
To acquire the right to manage you do not have to prove poor management by the Landlord. There are very little grounds for your Landlord to resist the claim. The process is relatively simple & quick. The Landlord’s consent is not required. No court order is necessary. A capital payment is not payable to the Landlord.
For comprehensive guidance on the right to manage please see our Right to Manage Guide within the document downloads section of this page.
The main disadvantage of exercising the right to manage as an alternative to freehold or collective enfranchisement (where you acquire the freehold) is that each flat owner's lease continues to become shorter and will need to be extended at some point (at capital cost to that flat owner). Also ground rent continues to be payable.
Restrictive covenants can stymie development. The case of Bath Rugby Limited v 77 Great Pulteney Street Limited and Godfrey Douglas White and Others illustrates the point.
The English Devolution and Community Empowerment Act 2026 (“Act”) received Royal Assent on 29 April 2026. Among its most significant commercial property reforms is the proposed prohibition on upwards-only rent reviews (“UORRs”) in business leases.
Although the relevant provisions are not yet in force, the direction of travel is now clear.
The legislation represents a substantial shift in business tenancies practice and may rapidly begin to influence negotiations, valuation assumptions and asset management decisions.
One immediate consequence is that landlords with pending rent reviews under existing leases are likely to rush their conclusion before the ban crystallises.
The Leasehold and Freehold Reform Act 2024
The Leasehold and Freehold Reform Act 2024 (LaFRA) represents a significant shift in property ownership laws in England and Wales, aiming to enhance the rights of residential leaseholders, this being flat and house owners.
While it received Royal Assent on 24th May 2024 only a few provisions were brought into effect then, and it wasn’t until the end of January that the first change relating to enfranchisement rights came into effect. This was the removal of the requirement to have owned your flat or house for two years before you could claim an extended lease or the freehold to your house.
Now a number of provisions of the LaFRA relating to the Right to Manage (RTM) have been brought