Real Estate

Private Rented and Long Residential

Our property litigation team have a wealth of expertise in the Private Rented Sector (PRS) and long residential leasehold matters and are genuine specialists in this area, offering practical, strategic advice that is both cost-effective and generates pragmatic outcomes to problems and disputes.

Richard Bagwell leads our highly respected team, who work for all types of landlords; from residents’ management companies (RMCs) to commercial developers, housing associations and charities. They also advise leaseholders - both individually and as an association, on the issues that affect them, their homes and investments. 

Our experience and knowledge of the legislation, procedure and case law allows us to offer the best possible advice in this complex and frequently changing field. This includes all aspects of law and procedure relating to PRS and long residential leases:

  • Enfranchisement
  • Service charges
  • Right to manage
  • The obligations of landlords and tenants
  • Mobile home parks
  • Park homes

Foot Anstey regularly acts for clients in the County Court, Court of Appeal, Residential Property Tribunal and Lands Tribunal, most recently acting for Mr and Mrs Francis in the landmark case of Phillips & Goddard v Francis [2012] EWHC 3650 (Ch). This was a landmark case for the world of property management as the Chancellor’s original decision on the appeal turned the agreed approach for consultation, under section 20 of the Landlord and Tenant Act 1985, on its head. 

Richard and his successfully represented Mr and Mrs Francis in their attempt to reverse the decision of the Chancellor. The application for permission to appeal, submitted on behalf of Mr and Mrs Francis, was supported by the leading players in property management; including the Association of Residential Managing Agents and the Royal Institution of Chartered Surveyors. The team has also acted for Mr and Mrs Francis on matters before the Leasehold Valuation Tribunal (LVT), including an application for the determination of reasonableness of service charges and an application for dispensation from the requirements to consult.

Clients praise department head Richard Bagwell's ability "to explain complex matters in a way that is neither confusing nor condescending."  Chambers UK 2013

Tags: Property LitigationReal Estate2013