Purchase and sale of property
Our residential and commercial property solicitors can support you with the buying and selling of commercial or residential property.
We can also advise on buying and selling property at auction.
Finance support
If you need finance to support your property investments, we can advise you on your funding options.
Mortgage solicitors
If you need a mortgage solicitor, we can help guide you through mortgages, charges, debentures and guarantees as well as help you work through the lending requirements, advising on third party security where appropriate.
Why choose us?
Brachers is on the panel of most UK banks and our team has excellent working relationships with them and other lenders.
We act for lenders securing lending over property. This includes carrying out due diligence, reporting on title and dealing with formalities at Companies House and the Land Registry to ensure the security is registered.
Our fees
We have a transparent fee structure and often fixed fee arrangements when working with banks and lenders.
Planning
We can advise landlords and portfolio holders on all aspects of planning law if you wish to make significant alterations to your properties.
Why choose us?
Our property solicitors have experience from within private practice and local authorities, giving them an understanding of the planning process from both sides of the fence.
We can use our experience, expertise and knowledge of planning laws to help you navigate through the complex planning system.
We are committed to ensuring that projects get planning permission as swiftly and smoothly as possible to ensure minimum disruption to your schedule.
Leases
We have extensive experience of providing landlord advice on all aspects of lease law.
We can support you with:
- Negotiating and drafting new leases
- Getting licences to assign, to underlet and to alter
- Deeds of variation
- Rent deposits
- Tenants’ guarantors
- Managing lease renewals
- Serving notices
- Dilapidation claims
We can help you keep all estate management documents in line with the Landlord and Tenant Act (LTA) 1987.
We can also help you make the most of your investments within the limits of the legislation.
This includes:
- Extending or amending terms of the lease
- Selling or purchasing freeholds
- Lease extensions either agreed or under Leasehold Reform, Housing and Urban Development (LRHUD) Act 1993
- Freehold acquisitions either agreed and under LRHUD Act 1993
- Disposal of freeholds via S5 Notices under LTA 1987 for landlords and leaseholders
- Freehold acquisitions with missing landlords LTA 1987
- Freehold acquisition of a house under the Leasehold Reform Act 1967
- Bulk lease extensions
- Ease extensions from a freehold company
- Property management
- Right to manage
Recognition of excellence
Brachers is a member of ALEP (Association for Leasehold Enfranchisement Practitioners).
Property litigation and disputes
Our specialist and highly experienced property and land dispute lawyers can advise on all aspects of landlord and tenant disputes.
This includes:
- All issues arising from the landlord and tenant relationship
- Breaches of tenancy terms relating to health and safety
- Anti-social behaviour and nuisance
- Damage to property
- Possession proceedings and eviction.
- Chancel repair liability claims
- Trespass
Why choose us?
Our team are all skilled negotiators and regularly use alternative dispute resolution (ADR) methods such as arbitration, adjudication and mediation. These processes are often quicker and cheaper than litigation and can help to preserve relationships.
We always to place your needs first and find solutions which are best suited to your requirements.
Expertise
Our excellence in this area is demonstrated by our tier two ranking in the area of property litigation by leading legal directory Legal 500.
Arrears management and debt recovery
Effective debt recovery is an essential tool for managing cash flow.
Our team has all the expertise you require to collect rent arrears efficiently and cost effectively and we are proud to consistently achieve outstanding results for our clients.
We can provide fixed fee advice and training on rent payment procedures.
Why choose us?
Our Collections and Recoveries team are leaders in their field and have a wealth of knowledge and experience. The team’s expertise is highlighted by their tier one ranking in leading legal directory Legal 500, in the area of debt recovery.
Recent awards success includes winning the ‘Legal and Enforcement Profession’ category at the Credit Excellence Awards 2020, as well as making the shortlist in the ‘Law Firm of the Year’ category at the Credit Awards 2019.
Case studies
Case study one: Private property investor
Brachers was initially instructed by a successful property investor in 2013 with the acquisition of a large mixed-use building located in the London Borough of Richmond.
We have continued to represent this client with further residential acquisitions primarily in the London area.
Brachers initially produced user-friendly standardised leases for short term lettings as well as a further precedent for longer leases.
We also act for this client in the general management of the buildings.
This includes:
- Negotiation of new leases
- Rent deposit deeds
- Licences to assign, to underlet and to alter
- Lease extensions
- Freehold acquisitions
- Deeds of variation
- Landlord and tenant renewals, service of notices and dilapidation claims
Case study two: NHS Foundation Trust – Residential estate management
Brachers is retained by an NHS Foundation Trust to deliver legal support across its whole estate, including staff accommodation.
We advise on all aspects relating to property, tenancy and leasehold management.
This includes:
- Landlord and tenant
Advising on leases, tenancies and licences of residential property and all estate management documents. This includes advising on disputes with tenants, serving notices and regularising the position with new leases.
- Tenancy agreements
Advising on all residential accommodation documentation, including short term licences and assured shorthold tenancies, together with ancillary prescribed information requirements and review of standard letting terms. We also provide support to an in-house legal team with standard forms and notices.
- Possession
– Providing legal advice regarding a street of houses joined to a former hospital site that were leased to a housing association, seeking to recover possession of the site for disposal by the Trust.
– Advising in relation to the exercise of a break option.
– Liaising with Trust’s surveyors in relation to a schedule of dilapidations and liability of the tenant to return the houses in the condition required under the lease.
Case study three: Almshouse Charity – possession
The charity was seeking to recover possession of a residential property occupied by a resident.
Such terminations are rare as occupiers are not tenants or licensees but appointed as beneficiaries of the Almshouse charity scheme.
Brachers provided the following services:
- Liaising with the trustees of the charity on the issue of verbal and written warnings to the resident. This was followed by formal notice to quit served upon the resident which complied with the Standards of Almshouse Management.
- Ensuring appropriate consideration was given by the trustees, with reviews and formal resolutions, to pursue court proceedings to seek possession of the property. This included liaison with adult social care services.
The matter was complicated due to the charity having to manage the risk and care needs of one resident’s welfare against the welfare of other residents, and the best interests of the charity.
Case study four: NHS Foundation Trust – residential estate management
Brachers has been retained by an NHS Foundation Trust for 25 years to deliver support across its whole estate including staff accommodation.
We advise on all aspects relating to property, tenancy and leasehold management.
This includes:
- Landlord and tenant
Advising the Trust on leases, tenancies and licences of residential property and all estate management documents.
- Tenancy agreements
Advising the Trust on all residential accommodation documentation, including short term licences and assured shorthold tenancies, together with ancillary prescribed information requirements and regular review of standard letting terms.
- Tenancy disputes and possession
All aspects of residential landlord and tenant disputes that arise in Trust accommodation, including breach of tenancy terms relating to health and safety, anti-social behaviour, nuisance, damage to property, rent arrears and possession proceedings, eviction and recovery of debt.
- Disrepair and dilapidations
Advising on disrepair and dilapidations in relation to damage to property and repair and reinstatement obligations.
Case study five: NHS Foundation Trust – residential accommodation review
Brachers advised an NHS Foundation Trust in relation to a review of its residential accommodation provision, including multi-occupancy staff residences (including shared facilities) located upon the hospital site and some off-site accommodation, including flats and houses.
- Reviewed the Trust’s standard terms for short term licences to occupy.
- Reviewed the Assured Shorthold Tenancies, including updating terms related to utilities and council tax, and improved procedures.
- Supported the Trust in seeking possession of some accommodation. The matter was complicated due to the sensitive nature of requiring possession from some employees of the Trust whilst ensuring the Trust had enough accommodation available for incoming new staff and short-term placements. It also enabled the Trust to re-assess the provision of accommodation to key workers, keep some accommodation for students only, and enable refurbishment works to some parts of their accommodation.
Case study six: Premier Ground Rents Limited
Brachers act for a property investment company which acquires freehold reversions with the purpose of securing residential ground rents.
We have provided legal services related to residential property management since 2015.
This includes:
- Purchase of ground rent contracts
- Leasehold management
- Disposals
- Tenancy agreements
- Resales and staircasing
- Lease extensions and enfranchisement
- Litigation and housing disputes
- Arrears management and debt recovery
Case study seven: Local District Council
Brachers was instructed by the council to handle a claim of disrepair by a secure tenant of its residential accommodation. This was following action taken by the council for anti-social behaviour by the tenant.
We provided the following services:
- Disrepair and dilapidations – Advising the council on the claim of alleged disrepair by the tenant, including review of the claim presented and tenant’s surveyor’s report.
- Responding to the pre-action protocol letter of claim and instruction of an independent surveyor expert on behalf of the client to inspect and review the damage to the property.
- Advising upon the claim and responding to it.
- Nuisance and anti-social behaviour – There was a history of anti-social behaviour and incidents of nuisance arising at, or in the vicinity of, the property by the tenant’s visitors. The property had suffered smashed windows and broken door in past incidents, with some internal damage considered to be the responsibility of the tenant.
- Housing dispute and litigation – The tenant had raised various issues in the past seeking to be moved from the property, and the alleged disrepair claim appeared to be another attempt by the tenant to be moved. We advised the council and liaised with its managing agent regarding the overall approach to the claim and works scheduled to take place to the block (including the property in question).
