Roger Hardwick

About My Work

A graduate of Cambridge University, Roger leads our Enfranchisement and Residential Leasehold Department. With over 14 years’ experience in residential leasehold law, he is recognised as one of the UK’s leading experts in this field.

Roger has played a key role in the development of leasehold case law and legislation. He was a part of the Law Commission’s Advisory Group of experts, who commented on the Law Commission’s draft proposals, prior to the publication of its consultation papers on proposed reforms to the law on leasehold enfranchisement (including the rights, processes, and methods of determining purchase prices and premiums) and the right to manage.

In January 2021, the government announced that it would be accepting a number of the Law Commision’s proposals. Roger also advised a variety of groups and stakeholders on their response to MHCLG’s consultation paper: Building a Safer Future, which led to the Building Safety Bill.

Acting for both landlords and leaseholders, Roger understands the motivations of both parties and his in-depth knowledge of the relevant legislation and case law enables him to build a robust strategy to advance and protect his clients’ best interests.

Leasehold enfranchisement, lease extensions and the right to manage are highly complex areas and require a specialist who understands the legislation and case law inside out. Roger is meticulous in ensuring that all points, traps, pitfalls and loopholes are covered. However, he understands that providing a legal service is not just about technical expertise. He understands the importance of building long-term,personal relationships with his clients.

When advising managing agents and landlords on service charge management, collections, and disputes, Roger and his team act as an extension of the client’s business, attending board meetings and providing bespoke training on how legislative and case law changes will affect their business.

Notable Experience

• York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch) (on whether the grant of various leases of parts of a building, by a husband and wife, to one of their number, was exempt from the right of first refusal, by virtue of being a gift to a family member – the first decision on the meaning of gift under s.4(2)(e) of the Landlord and Tenant Act 1987)
• Moorjani and others v (1) Durban Estates and (2) Ivor Court Freehold Limited [2019] EWHC 2307 (TCC) (the strike out of an application for damages, due to disrepair, following an earlier decision of the FTT on the related question of an equitable set off).
• Various Leaseholders of the Brunswick Centre v Camden L.B. & Others [2016] UKUT 366 (LC) (on the application of s.20 consultation requirements, where a service charge demand for major works is raised by an intermediate landlord, in connection with works undertaken by a superior landlord)
• Miller v Tedworth North Management Limited [2016] UKUT 522 (LC) (on whether the replacement of windows in a block of flats amounted to an “improvement”)

Recognition/Awards

• News on the Block, Enfranchisement and Right to Manage Awards: Solicitor of the Year (2017 & 2018)
• Regional Professional of the Year (2013, 2014, 2016, 2017 and 2018)

Education

• Studied a degree in History from Cambridge (BA (Hons), converted to MA) (2003); GDL and LPC from College of Law (2004 and 2005)