Nisha Patel

Senior Associate Solicitor, Leasehold Enfranchisement

T: +44(0) 20 8872 3090

E: nisha.patel@haroldbenjamin.com

Full bio

Practice Area / Expertise

I am a Senior Associate Solicitor in the Leasehold Enfranchisement Department, specialising primarily in residential lease extensions for both flats and houses. My work encompasses statutory lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993, as well as informal lease extensions negotiated outside the Act.

I advise and represent a broad range of clients, including leaseholders, landlords, management companies, housing associations, local authorities and developers, across complex and varied leasehold matters.

With over eight years’ post-qualification experience, I combine strong technical expertise with a commercial and pragmatic approach, enabling me to guide clients through complex leasehold transactions with clarity and confidence. I am committed to ensuring that matters are handled efficiently and transparently, presenting detailed legal issues in a clear and accessible manner so that clients can make informed decisions at every stage.

I am recognised for my professional yet personable approach, taking the time to understand each client’s objectives and tailoring my advice accordingly. By maintaining open communication and a proactive mindset, I strive to deliver a streamlined and cost-effective service from instruction through to completion.

Having extensive experience acting for both landlords and tenants, I have a thorough understanding of the differing priorities, commercial drivers and risk considerations on each side. This balanced perspective enables me to anticipate issues early, adopt a solutions-focused strategy and resolve matters constructively, often avoiding protracted negotiations and unnecessary delays while safeguarding my clients’ interests.

Experience Highlights

Highlights of my experience include:

Preparing and serving statutory notices for lease extensions in accordance with the Leasehold Reform, Housing and Urban Development Act 1993, including advising on eligibility, strategy and procedural compliance.
Drafting, reviewing and negotiating lease terms to secure favourable and commercially sensible outcomes for clients.
Managing matters within the strict statutory timetable, handling a high volume of lease extension transactions efficiently while maintaining accuracy and attention to detail.
Preparing and finalising New Leased for Houses converted to Flats
Leading large-scale lease extension projects for major developer landlord clients across multiple blocks, coordinating with valuers, managing agents and other stakeholders to ensure a streamlined process.
Advising private leaseholders and landlord clients on legislative developments affecting leasehold interests, providing clear and practical guidance on risk, compliance and strategy.
Managing a collective enfranchisement claim, from initial instruction through to completion, and liaising with surveyors where necessary.

My experience spans both individual and portfolio-based transactions, enabling me to deliver strategic, commercially focused advice while maintaining a pragmatic and solutions-driven approach throughout.

Key Transactions / Representative Matters

Acting for a group of companies in relation to a high-volume portfolio of both voluntary and statutory lease extensions
Advising a limited company landlord on the extension of leases for 22 flats in London, including strategic advice on structure and timing, negotiation of premium and lease terms

Recent case studies

Building Safety Act

Advising a commercial tenant on the acquisition of a long leasehold interest in a mixed-use building, including detailed analysis of liabilities and protections arising under the Building Safety Act 2022. Advising purchasers and lenders on Building Safety Act compliance, remediation obligations and the impact of building safety risks on commercial property transactions.

Pre-Letting of New Build Commercial Unit to Blue-Chip Occupier

Acting for a developer in connection with the pre-letting of a new-build commercial unit to a national blue-chip occupier. The transaction involved negotiating a conditional agreement for lease linked to practical completion of the development and securing a long-term occupational commitment prior to completion of the scheme.

Disposal of High-Value Residential Property

Acted on the sale of a residential property for just under £8 million, managing a complex transaction involving overseas purchasers, strict exchange deadlines and multiple stakeholder interests.

Acquisition of £11.6 Million Retail Park

Advised a property investment company on the acquisition of a multi-let retail park valued at approximately £11.6 million. The transaction involved extensive due diligence across multiple occupational leases, title investigations, financing arrangements and asset management considerations.

Advising existing client on the purchase of 52 Princes Gate, London, SW7 2PG and lease back to Imperial College

The firm acted for a long-standing investor client on the £12.5 million acquisition of a freehold listed property in central London from Imperial College London, with Savills acting as selling agents. The team advised throughout a complex tender process, carried out extensive due diligence, and resolved issues relating to acquired rights and adverse possession. Despite the transaction’s value and complexity, it was completed within a demanding timetable, with exchange and completion taking place simultaneously. A leaseback to Imperial College was secured, generating annual rental income of £516,000 and delivering a successful long-term investment for the client.

Advising on the acquisition by way of pre-letting of a prime Central London flagship store for a luxury brand

We acted for a luxury brand in securing a new-build agreement for lease of a flagship 30,000 sq. ft. retail store on Bond Street. The transaction was completed on an accelerated timetable, reaching exchange within just seven days following the negotiation of key documents and due diligence on approximately 400 legal documents. Our role included coordinating multiple parties and professional advisers, conducting risk analysis and due diligence, negotiating transaction documents, and providing strategic legal advice. The matter involved a complex, high-value structure, tight deadlines, and cross-border elements. The successful outcome secured a rare opportunity for our client to occupy a prime Central London flagship store despite strong competition from rival luxury brands.

Advising on the Administration of an Insolvent Estate.

This was an unusual estate administration where liabilities exceeded assets, leaving no distribution available to beneficiaries. The entire estate was therefore administered for the benefit of creditors, requiring the application of insolvency principles under the Insolvency Act 1986. The firm effectively acted in a role similar to an insolvency practitioner, reviewing and prioritising claims from banks, HMRC, and family members to ensure correct legal ordering of payments. A key issue involved a secured loan over the deceased’s property, repaid by a third party prior to sale. This raised complex equity considerations regarding subrogation and creditor status. The estate was successfully administered in full, with all debts resolved in accordance with the proper legal framework. A key issue involved a secured loan over the deceased’s property, repaid by a third party prior to sale. This raised complex equity considerations regarding subrogation and creditor status. The estate was successfully administered in full, with all debts resolved in accordance with the proper legal framework.

Acting for pub landlord in High Court appeal against refusal of opposition to new lease on redevelopment grounds

The landlord opposed a tenant’s request for a new lease of pub premises under ground (f) of section 30(1) of the Landlord and Tenant Act 1954, relying on an intention to redevelop the property into residential flats and mews houses. To succeed, the landlord had to show that redevelopment works would begin within a reasonable time after termination of the tenancy. However, the proposed works were delayed by 10–14 months due to the need for site access to carry out tests for a planning application, which the tenant had refused. The trial judge initially considered this delay reasonable. On appeal, the High Court held that the landlord had not demonstrated a sufficiently prompt intention to commence works, finding 10–14 months too long. The case provides guidance that redevelopment opposition is difficult where further steps, such as planning permission, remain outstanding.

Nisha Patel

Full bio

Practice Area / Expertise

Experience Highlights

Key Transactions / Representative Matters

Recent case studies

Building Safety Act

Pre-Letting of New Build Commercial Unit to Blue-Chip Occupier

Disposal of High-Value Residential Property

Acquisition of £11.6 Million Retail Park

Advising existing client on the purchase of 52 Princes Gate, London, SW7 2PG and lease back to Imperial College

Advising on the acquisition by way of pre-letting of a prime Central London flagship store for a luxury brand

Advising on the Administration of an Insolvent Estate.

Acting for pub landlord in High Court appeal against refusal of opposition to new lease on redevelopment grounds

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