Essentially, there are three categories of claim that leaseholders can bring either to acquire the freehold to their building or to obtain a lease extension. If you live in a house, you should be able to acquire the freehold by virtue of the Leasehold Reform Act 1967. Determining eligibility can be challenging, particularly when dealing with a mixed use building such as a corner shop with residential accommodation above. Matters are now made easier by changes brought in by the Leasehold and Freehold Reform Act 2024 which has increased the threshold for non-residential use to 50%. The freehold can also be acquired under the Landlord and Tenant Act 1987 – either by accepting the freeholder`s offer notice or through an acquisition notice if a previous sale breached that Act .

Rights to acquire the freehold of a block of flats were given to leaseholders through the Leasehold Reform, Housing and Urban Development Act 1993. The larger the block of flats, the more complicated such claims become because flat owners may have leases of varying lengths as well as different motives for purchasing the freehold. These types of claims are called collective enfranchisement claims and will usually require the establishment of a company to act as the nominee purchaser.

Under the 1993 Act, qualifying tenants also have the right to extend their lease by 90 years, paying no further ground rent. If you are thinking of buying a leasehold property which has a short term, then you should always consider whether to extend, particularly if you require a mortgage. The 2024 Act has made it simpler to bring a claim to extend by removing the requirement to wait two years before doing so.

Each type of claim has its own challenges, most of which are well known to the team at Penningtons Manches Cooper. Our lawyers have the requisite experience and knowledge to be able to progress the full spectrum of enfranchisement claims and are often able to conduct difficult negotiations without resorting to litigation. Where litigation is required, we can call upon our property litigation experts.

We also have experience in bringing Right to Manage (RTM) claims. Increasingly, we are finding that leaseholders owning their freehold via a company are turning to us for tax advice because lease extensions, unless dealt with properly, can trigger capital gains tax and stamp duty land tax liabilities.

Our team of specialist construction disputes lawyers is deeply familiar with construction processes and technology, standard forms of contract and all major dispute resolution forums. We offer insightful advice on issues arising during construction and on how to prevent disputes altogether.

We have a busy adjudication practice, regularly handling disputes over contract formation, payment, variations, delay and completion. Our expertise includes advising on default and termination of construction contracts – both proactively and after the event – particularly in cases involving delay or insolvency.

Property investors, occupiers and property managers rely on us to guide them through the investigation, remediation and claims processes when defects emerge in completed buildings. Developers, contractors, professionals and insurers also instruct us to manage such claims. We have a strong track record in negotiating agreements for remedial works and securing recoveries in complex, multi-party cases.

Known for our meticulous approach and clarity, we cut straight to the key issues and handle challenging disputes efficiently, consistently achieving strong results for our clients.

We also have specialist expertise in insurance coverage, advising on property, works, professional indemnity, public liability and latent defect insurance policies.

Our work spans multiple jurisdictions. We support clients globally through our international offices and an established network of trusted local contacts, ensuring a seamless service wherever disputes arise.

We advise on, negotiate and draft the full spectrum of construction and development documentation, ensuring that contractual arrangements are robust, clear and aligned with our clients’ commercial objectives and any funding requirements. Throughout a project, we provide strategic legal support, including advice on issues arising during and after construction, often in collaboration with our planning, tax, real estate and disputes colleagues.

Our team works across all sectors and has a particular reputation in the accommodation, housing, residential development, health, education, commercial and investor sectors. We support renewable energy and sustainability initiatives and have a proven track record in council-led delivery and joint ventures. We also bring significant expertise in building safety and firestopping. Additionally, we have a dedicated care and supported living offering and recent experience of care village delivery.

We advise on one-off procurements through to major projects, large-scale developments, complex regeneration schemes and joint ventures. Our pragmatic approach helps clients allocate risk appropriately and tailor contracts to protect-specific needs. This is often achieved through standard form contracts – such as those under the NEC and JCT suites – or through bespoke arrangements, including EPC, EPCM, MF1 and/or multi-party partnering agreements.

At every stage of delivery, we assist with the operational challenges that occur, including on variations, time and cost applications, issues around practical completion and on defects. Our expertise extends to advising on complex insolvency and restructuring scenarios, termination and enforcement of security. Where problems arise, we also assist with strategies to mitigate disruption, facilitate project completion, and recover distressed assets, ensuring that clients are well-positioned to navigate project changes.

Sustainability and decarbonisation are central to our practice. We advise on sustainable procurement strategies, carbon reduction measures and the integration of measurable environmental KPIs. Our experience includes renewable energy initiatives such as waste to energy, solar schemes, micro grids and centralised heat networks, addressing the legal challenges associated with new technologies, wider infrastructure integration and embodied carbon.

Whether you are a developer, investor, landowner or occupier, our multi-disciplinary practice offers comprehensive legal advice at every stage of a development scheme. We handle a wide range of projects including residential, office, family office, industrial and logistics, hotel, retail and leisure, student accommodation, senior living, healthcare, and mixed-use schemes.

Our development lawyers are well versed in advising house builders, promotion agents and landowners on the plethora of strategic land documentation. This ranges from options, promotion agreements and equalisation agreements to conditional contracts, sub-sale agreements, development agreements, turn overage, planning overage and required interest documentation.

Our experience means we are proficient in all aspects of new build disposals, both off-plan and post practical completion. We have a dedicated plot sales team who manage thousands of sales each year for a wide range of our clients, including developers, housebuilders, housing associations and local authorities. Because we have extensive experience in managing large developments, our planning lawyers know when to collaborate with other legal disciplines to ensure the planning process does not hinder delivery. At all times, we proactively engage with other stakeholders.

Contemporary construction procurement offers a wide range of options for structuring the delivery of the construction phase of any development. We work closely with clients, their engineers and architects at the project outset to help identify and manage or eliminate any risks.

Development often takes place in a crowded urban environment, which means it is crucial to deal successfully with third party rights to bring in a project on time and on budget. We work with the most up-to-date analysis tools to understand and present the best possible response to rights to light claims and recognise the benefits of deploying Section 203 in appropriate circumstances to extinguish adverse rights. We are also well versed in dealing with rights to light insurers and their requirements.

For long-term projects, we advise on various corporate structures, facilitating collaboration between investors, developers, and other parties. This flexibility allows for delivery over time, either on a project-specific basis or as part of a platform programme. We know how important it is to structure these arrangements with flexibility and an understanding of the realities involved.

Our lawyers provide guidance relating to the core elements of competition law, covering restrictive agreements, mergers and joint ventures, and on ‘abuse of a dominant position’ (by entities with significant market power). We also advise on related areas such as subsidy control (state aid), procurement law  and acquisitions and investments under the National Security and Investment Act 2021.

In relation to merger control and joint ventures, we offer advice on the application of UK merger control to planned acquisitions and mergers, and on the process of notification of a merger to the CMA for clearance, including the drafting of submissions, responding to CMA information requests, dealing with issues letters, and, where relevant, the consideration of undertakings in lieu.

Our experts act for many leading brands on their distribution strategies. This includes assisting clients on selective distribution systems (under which dealers are appointed conditional on their meeting relevant quality requirements ) as well as exclusive distribution. Part of our role involves advising brands on managing internet sales channels, which in recent years have been a focus for regulatory competition law enforcement.

We support clients on enforcement authority investigations and the financial and personal liability risks of breaching competition law obligations; including potential abuse of a dominant position, anti-competitive agreements/practices and potentially illicit cross-industry collaboration on regulatory issues of mutual concern. Additionally, we counsel on the increasingly significant risks of follow-on class action litigation by those affected by conduct which has been the subject of rulings establishing breach of competition law.

In subsidy control, we advise public authorities on the structuring and management of funding initiatives in compliance with the Subsidy Control Act 2022, the UK’s domestic subsidy control regime that replaced the EU state aid rules after the UK’s departure from the EU.

We also have extensive experience of assisting clients (whether acquirers, investors or target companies) in navigating the UK’s National Security and Investment Act 2021, including advising on the merits of voluntary notification for transactions such as the licensing of sensitive IP, managing the process of notification and clearance for transactions to which mandatory notification applies, and managing retrospective validation where necessary.

Our team of specialist sanctions lawyers maintains strong working familiarity with all relevant sanctions legislation and is well-positioned to provide those companies affected with expert legal advice and support which is grounded in their corporate realities and objectives. It is critical for organisations to take proactive steps to protect themselves by ensuring their practices are compliant with sanctions regimes, thereby avoiding exposure to significant financial, political, regulatory and reputational risk. In light of an ever-changing situation, these practices must be kept under careful review.

Sanctions regimes typically include both financial and trade measures, incorporating sanctions against individuals, companies, national bodies and sometimes even countries, as well as wider trade sanctions which target both specific goods and items (often identified by their commodity code) or wider categories of goods and items. While there may be limited exceptions to the sanctions, frequently the only way to continue dealing with a sanctioned individual, entity or item is to seek a licence from the relevant regulator.

Our lawyers provide expert advice and assistance to individuals and businesses impacted by sanctions and deliver clear and comprehensive guidance in relation to the applicability of sanctions regimes and the options available to ensure compliance. We have extensive experience in advising clients in relation to specific transactions, interpreting relevant legislation and identifying areas of risk, dealing with regulators, and supporting on the implementation of compliance programmes.

We have a dedicated global sanctions team for shipping, trade and energy supplying timely legal advice based on the practical aspects of how the industry operates and within the legal framework to mitigate potential risks. We advise across different cargo types such as oil and petroleum products, with a remit that includes trading/commodities brokering, financing, insurance, flagging, and customs brokering. Our energy lawyers, many of whom are multi-qualified, act for some of the biggest players from commodities traders, mining companies, contractors, operators and financiers to governments, oil companies, service providers and independent players.

We are also regularly involved in providing more generalist sanctions law advice, briefing clients on the jurisdictional scope and impact of different sanctions regimes and presenting a broader perspective on their legal and commercial implications. By offering practical and targeted guidance, we enable our clients to manage their risk more effectively, ultimately providing peace of mind as well as protection against sanctions-related litigation.

Our sanctions lawyers have a strong global network of trusted partners, enabling us to coordinate complicated advice which spans multiple jurisdictions and provide around-the-clock, immediate support.

We support PRA and FCA authorised firms on the entire spectrum of regulatory matters, both non-contentious and contentious. Our work ranges from perimeter and financial promotion issues to complex regulatory capital advice. We have particular experience in sectors such as retail and corporate banking, retail lending (including mortgages), payments, wealth management, retail investments and fintech.

Among our clients are retail and corporate banks, private banks, mortgage lenders, consumer credit firms, wealth managers, corporate finance advisors, IFAs, insurers, insurance brokers, fintechs, crypto firms, and fund managers.

We help banks, corporates and financial institutions from outside the EEA to enter the UK and wider European markets; EU-based banks and institutions to access the UK market; and UK regulated firms to expand into other European countries. Our specialist team regularly executes high-value cross-border M&A transactions in the regulated financial services sector, handling notification and approval processes across multiple jurisdictions.

With in-depth knowledge of financial services law, regulatory trends and evolving practices, we are able to anticipate the impact changes may have on our clients’ businesses. We advise regulated firms, and senior executives in their own right, on managing their obligations under the FCA Senior Managers Regime (and where applicable the Senior Insurance Managers Regime and the Approved Persons Regime). Our advice covers compliance, recruitment, terms of employment, team moves and disciplinary matters.

Our financial services disputes team helps firms and individuals to pursue and defend regulatory based claims, and to manage investigations and enforcement actions by regulators. We have a proven track record in achieving favourable settlements through the courts and by pre-action negotiation. Drawing on the firm’s wider expertise in areas such as banking and finance, private wealth, enforcement, cyber security, data protection and international sanctions, we are able to offer value to our clients across the full spectrum of financial services sectors and markets.

We are particularly recognised for our work in the fintech sector and for assisting peer to peer debt and equity crowdfunding platforms. Where appropriate, we guide clients on structuring their businesses to operate outside the regulated financial services regime. Members of our fintech team are widely regarded as leaders in their field and are authors of authoritative guides such as the UK chapter of the Multilaw Global Guide for FinTechs (published by LexisNexis) and The Legal 500 FinTech Regulatory Guide.

Our lawyers are experts in navigating the ever-changing energy regulations, including REMIT, licence conditions, industry codes, and non-energy specific regimes like data protection, GDPR, and cyber-security. We excel in regulatory compliance and engagement with regulators and boast a strong track record in contested regulatory enforcement cases, including Ofgem enforcement work.

Ofgem frequently updates its regulatory framework to ensure fair treatment of consumers and promote market integrity. Breaches of these regulations can result in significant penalties, including fines of up to 10% of a company’s applicable turnover. Our team is adept at helping clients to both stay compliant and effectively manage any regulatory challenges.

By leveraging our expertise in corporate and commercial, intellectual property, real estate, construction, and engineering law, we offer comprehensive advice to traditional energy businesses such as generators, networks, and suppliers, as well as non-traditional actors like aggregators and non-commercial parties. This multidisciplinary approach allows us to address the full spectrum of legal issues that our clients face.

With the rise of electric vehicles, the need for specialised legal guidance has never been greater. We provide expert counsel to electric vehicle designers, manufacturers, and providers of battery technology and charging infrastructure on issues like intellectual property commercialisation, brand protection, data protection, commercial agreements, and regulatory compliance.

Our cleantech and renewables team combines the skills of lawyers across the firm to assist with procurement, funding and project finance, competition, corporate and joint venture structures, planning, environmental, property, project, and construction matters. We also advise on anaerobic, wind, solar, and marine energy projects, smart meters, and feed-in-tariffs. The extensive experience of our specialists in these areas ensures that clients receive comprehensive support throughout the lifecycle of their projects, from initial planning and development, through to ongoing operations and maintenance.

The energy sector is a dynamic, constantly evolving one – we aim to equip our clients with the tools they need to thrive in this environment. Whether handling compliance, commercial arrangements, projects, corporate transactions, regulatory investigations, or commercial disputes, our advice is always pragmatic, holistic, and strategically focused.

Understanding how these changes are interpreted by local planning authorities, the Planning Inspectorate, and the courts is critical. Staying informed and responsive to both current and upcoming developments will unlock opportunities and guard against unexpected delays and spiralling costs.

To support clients in navigating this evolving environment, our planning team provides expert legal guidance tailored to the challenges and opportunities presented by a shifting policy landscape. We offer clear, practical, and strategic advice across the full spectrum of planning matters, ensuring the best possible outcomes for every project, no matter how complex.

Our experts have advised on major development schemes and compulsory purchase orders (CPOs) for a wide range of clients. They include national housebuilders, registered providers, landowners, land promoters, private investors, statutory undertakers, industrial and manufacturing businesses, and local authorities.

We bring both regional knowledge and national perspective, working on projects across the UK. Our current instructions range from major residential-led schemes in Hampshire, West Berkshire, London, and Oxfordshire to water infrastructure projects involving the use of compulsory purchase powers, Community Infrastructure Levy (CIL) matters, data centre developments, and two significant regeneration schemes in London.

We regularly collaborate with colleagues across our real estate, housing, construction, and dispute resolution teams to provide a seamless, joined-up service. This integrated approach, combined with an up-to-the-minute understanding of the latest changes to case law and legislation, supports you at every stage of the development cycle, from initial strategy through to delivery and beyond.

Whether you are a developer, promoter, landowner, or occupier, obtaining specialist planning advice at the outset of your project is essential. Early engagement helps to mitigate the risk of disruptions, reduce administrative burdens, and ensure your project progresses smoothly. Our planning lawyers are ready to support you with tailored, expert guidance that aligns with your objectives and helps you move forward with clarity and confidence.

Our real estate investment team works closely with the corporate, banking and finance, planning, construction, real estate disputes and tax teams to provide a complete service offering. Our clients’ investments are often dealt with through specific types of real estate vehicles, whether single purpose, limited partnership or joint venture. We advise on a variety of ownership structures, identifying the most appropriate way to meet objectives, as well as on fundings and forward sales and purchases.

One of the critical success factors for real estate investment clients is managing the relationship between landlord and tenant. Our team advises both landlords and tenants – from corporates with large, diverse portfolios, to family-run businesses with a portfolio of assets. This gives us a rounded perspective and enables us to understand the key concern and priorities of all parties. In particular, we have gained a strong track record in acting for institutions that hold a varied asset portfolio.

Our lawyers also advise investors on long income, including sale and leasebacks, ground leases and income strips. We represent various institutional funds investing in this sector. Ground rent transactions often involve advising on both sale and leaseback ground rent models as well as situations where the ground rent transaction has formed part of a refinance of the assets.

At all times, our philosophy is to pay proper attention to property management-related issues to ensure asset value is not eroded. This philosophy is shared by the members of our real estate dispute resolution team who provide support when disputes arise and to prevent them happening unnecessarily. We can also call on experts in the firm’s specialist building and fire safety team who provide guidance on a full range of issues including remediation measures, duties and functions required under new and existing regulations, and building safety law compliance.