Property

Our dedicated Property teams have vast experience in assisting people in buying and selling their homes.

Whilst the purchase or sale of your property signals the start of a new chapter and can be a time for celebration, we also understand such significant transitions can be disruptive.

That’s why our highly-experienced solicitors take care of all the legal issues, whatever your stage of proceedings, to guide you smoothly and transparently through the process – leaving you to focus on the important stuff.

Solicitors since 1892

Residential

Our highly specialised and dedicated Residential Property team have experience of advising both landlords and tenants on all aspects of residential property matters.

The team can inform you on a range of leasehold matters including conveyancing, leasehold infringement, lease drafting and more. With over a century of experience in transferring properties, you can have absolute confidence that you’re in safe hands.

Conveyancing

We are proud to be an award-winning firm in the conveyancing arena, picking up Gold in the South East (North) Regional awards last year at the ESTAS. We also received the Best in County Award at the 2018 ESTAS Conveyancer Awards - the largest independent award scheme in the UK conveyancing industry and the only award voted for and decided by client feedback. This is a testament to our comprehensive approach and the utmost dedication to residential conveyancing.

Our residential conveyancing department contains highly-qualified Solicitors and Conveyancers across our two offices. The team’s wide-ranging experience, coupled with extensive knowledge of the local area, makes them an unrivalled choice in dealing with every eventuality when buying and selling property in Essex and beyond.

We are accredited by the Conveyancing Quality Scheme, a recognised quality standard for residential conveyancing practices. All members of our Residential Conveyancing department undergo regular rigorous assessment, to maintain the CQS accreditation, which is widely recognised by lenders and insurers.

We aim to provide an efficient and diligent service to all clients, whether they are buying their first home, extending a property investment portfolio or dealing with refinancing. Whilst embracing advances in Conveyancing practices and technology, we also place great emphasis on providing a bespoke service to all of our clients.

We recognise that each transaction is different, just as the needs of each of our clients are too. We make sure to tailor our services to each individual’s needs, meaning that every client can be assured of a highly tailored and quality conveyancing service they can rely on.

Areas of Practice

– Sale and/or purchase of freehold and leasehold properties
– Sale and/or purchase of properties at auction
– Sale and/or purchase of Shared Ownership properties
– Purchase of plots of land for onward development
– Retirement Home sales and purchases
– Re-mortgages of residential and leasehold properties including Let to Buy and Buy to Let
– Bridging Loans
– Transfer of Equity
– Registration of unregistered titles
– Equity Release
– Refinance of property portfolios
– Acting for management companies in respect of LPE1 enquiries

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Leasehold Enfranchisement

Here at Tolhurst Fisher, we are proud to have a highly specialised leasehold team advising both freeholders and leaseholders on leasehold enfranchisement matters.

Our wealth of experience over many decades representing large portfolio freehold investors across the country has enabled us to forge strong, lasting relationships with leading leasehold valuers.

When acting on behalf of landlords, we know that a commercial approach is key to maximising the value of their assets when they are presented with an Initial Notice. This relates to the external common parts of the building as well as the roof voids/rooftops, which provide freeholders with an additional area of monetary value.

Tolhurst Fisher also has the experience of acting for individuals and buy-to-let property investors in leasehold enfranchisement claims. We believe the first-hand experience, expertise, and insight gained from acting for freeholders is the key to being well versed when working with leaseholders.

Our team have knowledge from both sides of the market and are here to match our expertise with your desired outcomes.

Lease Extensions

Tolhurst Fisher is home to a highly specialised leasehold team advising both freeholders and leaseholders on lease extensions.

We have a great deal of experience acting for large portfolio freehold investors across the country, whilst cultivating strong relationships with leading leasehold valuers.

When acting for freeholders, we are aware of their goals and always strive to put informal agreements in place. Maintaining a modern ground rent with upward reviews is vital to this approach, as it means we can help to maximise the value of the freehold even after a lease extension has taken place.

Tolhurst Fisher also has the experience of acting for individuals and buy-to-let property investors in lease extension claims.

Whilst the statutory process offers maximum protection for leaseholders when extending a lease, informal agreements can also be useful for the purposes of an onward sale or remortgage.

With our dual expertise, Tolhurst Fisher offers you a truly unique approach in acting for both freeholders and leaseholders.

Right to Manage

Tolhurst Fisher has the experience of handling Right to Manage (RTM) claims of various sizes for both freeholders and leaseholders.

We know that leasehold enfranchisement is not always the right approach for leaseholders as the main objective is to take control of the building through maintenance and insurance. This is where RTM can be best suited to the needs of leaseholders.

Our reputation has been built around acting for large portfolio freehold investors in RTM claims. We have established this by being in tune with the legislation and identifying inaccuracies in RTM notices and non-qualification of buildings/leaseholders. With our first-hand experience, we have continued to allow our freeholder clients to retain the management and ultimately the value in their assets.

Ground Rent Acquisitions

Our leasehold team at Tolhurst Fisher are hugely experienced in the representation of ground rent investors, from small family investments to the larger institutional investor.

Having garnered a wealth of knowledge over the years with the acquisition of many complicated developments involving leasebacks and conditional arrangements, we are confident we can help you in all forward sale/purchase acquisitions to section 5 acquisitions; advising you early on in the transaction of any issues that may affect your decision to purchase and protecting your interests. We always look to build personal relationships with our clients and get to know their business model so we can ensure we cater our services to exactly what they require.

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Rooftop Developments

Tolhurst Fisher offers a highly specialised leasehold team advising freeholders on rooftop developments.

Within this niche, we keep on top of recent Tribunal decisions, advising our freeholder clients of the best strategies and agreements for them to put in place to protect their assets.

Our experience has taught us that right from the beginning of a rooftop development, there are strict governing legislations. Consequently, our specialist team will identify these legislations and guide you through any potential pitfalls whilst offering advice on how to maintain good public relations with the leaseholders.

First Tier Tribunal Applications and Representation

At Tolhurst Fisher, our specialist leasehold team acts for both freeholders and leaseholders in Tribunal matters.

As a leaseholder, if the terms of your lease extension or enfranchisement claim cannot be agreed, a Tribunal application will then need to be made within the necessary time period in order to protect your position and representation at the Tribunal Hearing. Our team has experience in representing leaseholders at a Tribunal with landlord and tenant disputes relating to service charges and are happy to offer our services to guide you through this matter.

Tribunal applications can be lengthy and need to be made in the correct format and within the required timeframe, otherwise, your claim may be withdrawn.

Our team has the expertise in acting for freeholders in not only Tribunal proceedings relating to leasehold enfranchisement and lease extensions, but also RTM claims landlord, as well as tenant disputes relating to service charges. This wide-reaching understanding of the necessary processes and procedures is key in helping us adapt our services to match the needs of our freeholder clients.

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Commercial

Commercial Property has always been at the heart of Tolhurst Fisher since our firm was founded over 125 years ago.

We are proud to have one of the largest and most reputable commercial property teams in the area, being able to offer expert advice on all types of commercial property transactions.

Our team acts for a huge range of clients including private investors, developers, public companies, pension funds, banks, British and European retailers and leisure operators.

Landlord and Tenant

Our dedicated team has a wealth of experience acting for both corporate and private business owners, and occupiers of all types of commercial property including industrial estates, office buildings, retail premises, and residential investment property - either as a single lot or as part of a portfolio transaction.

We cover all aspects of property management matters in our work, including the preparation, negotiation, and completion of agreements for lease, leases, surrenders and re-grants, lease renewals, rent deposit deeds plus all related management licenses and associated documentation.

Our knowledgeable team has the technical ability to assist our developer clients, particularly in relation to the construction of commercial sites. This involves leasing strategies, common parts management, and service charge regimes. Our aim is to develop an in-depth understanding of your business operations and management structures so we can help you to identify any areas for improvement, including ways to minimise your exposure to risk.

Our services to tenants include providing advice on lease obligations during the term, as well as after the term ends. We also advise on all aspects of landlord and tenant law covering service charge recovery, alterations, dilapidations, consent to assign and underlet, preservation of covenant strength, authorised guarantee agreements, the exercise of break notices and the contracting out procedures under the 1954 Act.

Property Finance

The finance market has undergone significant changes in recent years. With increased regulation, the appearance of more varied categories of lenders - each with an ever-increasing list of demands and requirements - alongside changes to previously “standard” documentation, we understand that all this change can become overwhelming.

But we are here to guide you seamlessly through these challenges, using our experience of dealing with mainstream banks and building societies, private banks, short-term and bridging lenders, development funders, and private lenders as a point of reference.

We have a large amount of experience advising borrowers, including substantial commercial landowners, developers, property funds and businesses in relation to secured borrowings.

Whether it is a refinancing project, debt restructuring or the acquisition of commercial and residential properties, ground rent investments or development projects, our expert team is available to support you throughout.

Our partner-led approach provides a versatile range of tools to help tailor a specialist service dedicated to you, focused on achieving your specific commercial goals in a timely and cost-effective way.

Commercial Property Sales and Acquisitions

From smaller shops and offices right through to large units on an industrial estate, we act on behalf of the sellers and buyers of all types of commercial property, both freehold and leasehold.

Our straightforward business approach ensures such processes can be carried out quickly to ensure the conclusion is fuss-free and timely. We also have a wealth of experience working with lenders and are familiar with their requirements.

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Private Lending

If you wish to lend money to a company to fund its purchase of a property, we can assist you in drawing up loan agreements and legal charges.

We can also carry out the legal due diligence and register the security at Companies House and Land Registry following completion.

We can act on behalf of lenders – the law governing the lending of money by private individuals is complex, but we have the know-how to lead you through the minefield.

Minerals and Waste Management

We are able to provide specialist advice to landowners and producers on a range of quarrying matters including options, leases, planning agreements, and future development.

Tolhurst Fisher also acts for a number of clients in the waste management industry including commercial waste collectors and landfill operators.

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Sale and Purchase of Development Sites

The sale and purchase of land for both residential and commercial development. This will often include restrictive covenants and their enforcement, advising on planning and taking a look at the suitability of rights for access.

Plot Sales

We have a dedicated plot sales team who will set up legal packs for you and deal with sales.

Option Agreements

These agreements give a developer an option to purchase land during a specified period after obtaining the necessary planning permission.

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Promotion Agreements

Such agreements need a developer to promote land for allocation and then gain satisfactory planning permission for development during a specified period. The agreement will usually include provisions for a marketing strategy for selling the land once planning permission has been secured.

Overage Agreements

These are designed to protect an owner against under-selling land. This can occur either where it is sold for development and there's the possibility of a subsequent owner gaining more valuable planning permission.

Alternatively, overage agreements protect owners where land is sold without any immediate development potential, such as agricultural land, but there is the possibility of development in the long term.

These agreements entitle the landowner to receive an agreed percentage share of the increase in the value of the land as the result of any such planning permission.

s.106 Agreements

These are agreements which the local planning authority require in return for granting planning permission. They impose financial and other obligations on the landowner which may include the payment of a community infrastructure levy.  

Other Statutory Agreements

These include section 38 agreements for the carrying out of highway works and section 106 agreements for water and drainage connections.

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Get
In Touch

We look forward to discussing how Tolhurst Fisher can help you or your business.

Solicitors since 1892
Southend:
01702 352 511
Mid Essex:
01245 495 111
E:
info@tolhurstfisher.com