Using a solicitor

A solicitor can explain your options, answer questions and guide you through legal processes. They can help you get the best outcome for your circumstances.

You’ll usually need to use a solicitor for things like:

• buying or selling a leasehold flat or house
• extending your lease
• setting up the right to manage
• buying the freehold of your building

It’s also important to get legal advice if:

• you're considering taking legal action against someone, such as your landlord
• someone is taking legal action against you

If you’re unable to resolve a leasehold dispute, such as a disagreement with your landlord (freeholder) about making repairs, a solicitor can advise on your rights and options.

They’ll advise on whether you’re likely to be successful if you go to court or apply to a tribunal. If you decide to take legal action, they can prepare your case and represent you.

If your court case is complex they might recommend that you also instruct a barrister to speak for you at the court hearing. However this can be expensive.

Sometimes a solicitor can help you resolve a problem without going to court. For example, they might be able to write a formal letter that prompts your landlord to fix a problem.

You can find a solicitor using the:

• Law Society Find a Solicitor website
• Association of Leasehold Enfranchisement Practitioners (ALEP) website

You can contact several solicitors before deciding who to use. Explain your situation, and ask about how they can help and what their costs are.

You’ll need to weigh up the costs and benefits of using a solicitor. This will depend on how serious the problem is, how likely it is that legal action will be successful, and whether you have the knowledge, skills and time to deal with the issue yourself without professional help.

Costs will vary depending on the solicitor you choose and what services they provide. Some solicitors offer fixed fees, while others charge based on the time spent on your case.

You may be able to reduce costs by:

• working with other leaseholders in your building – if they’re affected by the same issue they may be willing to share solicitor costs
• using a solicitor for certain tasks only – for example you could ask a solicitor to prepare your tribunal application or court claim, but then represent yourself at the tribunal or court

Solicitors must publish information about their prices and services on their website. They’ll also explain their costs when you first speak to them. You can get quotes from different solicitors before deciding who to use.

Your solicitor must keep you updated on costs and give you a clear bill that explains their charges.

Find out more from the Law Society about paying for a solicitor.

You might be able to recover some of your costs from the other side if you win a legal case. This depends on whether it’s a tribunal application or County Court case, and the type and value of the case.

Cost recovery is usually limited, so you should expect to pay your own costs.

For more information on court costs see our guide on using a court to resolve a leasehold dispute.

You might be able to get legal aid in some circumstances, if your case is serious and you cannot afford to pay for legal help. Check if you can get legal aid on GOV.UK.

Some solicitors offer a free or low-cost short initial appointment. You can contact a solicitor or check their website to see if they offer this.

The Leasehold Advisory Service offers free initial advice on leasehold issues. Contact us to request advice.

Some insurance policies include cover for legal expenses. Check your policies or contact your insurer to ask.

If you’re a member of a trade union or a professional organisation you might be able to get legal advice as part of your membership benefits. Check the organisation’s website.

Other ways you might be able to get help include:

• your local Law Centre
• Law Works free legal advice clinics

Find out more from Citizens Advice about how to find free or affordable legal help.