What our customers are asking:
Can you sue a property management company for negligence uk?
In short yes, however there are quite a few steps to go through initially. Firstly any complaint against a managing agent is best coming from a Residents Association, a Right to Manage Company (RTM) or a Residents Management Company (RMC) as this collective voice wil...
Read moreRead by(33)
What is the standard floor area of a three-bedroom house in the UK?
The standard size of a three-bedroom UK house is 88 square meters. As a comparison a typical victorian bay fronted two storey house with a side staircase and two storey back addition would be around 100 square metres..
Read moreRead by(22)
What is the indemnity policy for the lack of freeholder consent?
An indemnity policy for lack of freeholder consent, also known as a leasehold indemnity policy, is a type of insurance policy that provides financial protection to the leaseholder in situations where the freeholder's consent for certain actions or changes to the prop...
Read moreRead by(20)
Can I refuse to pay service charge ?
Normally no as the payment of service charge is a firm and legal obligation duty laid out within the lease you would have signed when buying your property. Often people would say 'why should I pay my service charge as the service I am paying for is not satisfactory' ...
Read moreRead by(17)
How much do management companies charge?
Managing agent fees vary throughought the country anything form £250 per annum ber flat plus VAT to as much as £500 per unit for higher end blocks with high levels of amenity. A fair and reasonable level for a 2 bedroom property within the M25 should be around the £2...
Read moreRead by(16)
What are section 20 qualifying works?
In essence any works to a block of flats costing more than £250 per property will by law trigger a Section 20 (Landlord and Tenant Act) Consultation process.This is good news for all residents throughout the country owning leasehold flats who are not necessaril...
Read moreRead by(15)
What does service charge include?
Service charges for blocks of flats are designed to cover all necessary items of expenditure to ensure the building firstly is safe and complies with all the minimum health and safety requirements laid out in law and also the building is maintained to a good standard...
Read moreRead by(13)
Section 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landlords.
Non-Compliance with Section 22SummarySection 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landl...
Read moreRead by(13)
Can I take my freeholder to court?
Yes, it is possible to take your freeholder to court under certain circumstances. As a leaseholder, you have legal rights and protections, and if you believe that your freeholder has breached their obligations or failed to fulfill their responsibilities, you may have...
Read moreRead by(10)
Can a freeholder appoint a managing agent?
Yes they can and often do. Developers often pre sell the ground rent on leasehold flats to developers well before the block of flats is finished. In this way they guarantee a bonus revenue stream over and above the profit margin they have forecast for the buid.The pr...
Read moreRead by(9)
What is a reasonable service charge?
What even is a fair service charge ?Normally your freehold and/ or managing agent agree the required service charges for your block. There is no set level defined by a lease or enshrined in law. The estimates laid out for itmes in service charge&n...
Read moreRead by(8)
What can the property ombudsman do?
If for any reason residents are not satisfied with any aspect of how teir block is managed and feel they have not had an adequate response by their agent they are at will to make a complaint to the industry ombudsmen. The main body for this would be the Royal Institu...
Read moreRead by(7)
What is a rtm company?
An RTM stands for a Right to Manage Company. It is quite common for a developer or Freeholder to appoint their chosen managing agent when the last flat is sold in the block of flats. If this managing agent is perceived by the residents to be inadequate, expensive or ...
Read moreRead by(5)
Absent Freeholders and The Vesting Order Process
When dealing with absent freeholders, one possible avenue to address the situation is through the vesting order process. Here's an overview of the vesting order process in relation to absent freeholders:- Identify the need for a vesting order: A ves...
Read moreRead by(5)
Whether the tenant's repairing covenant applied to rebuild a wall that had become structurally unsound in the meantime.
Lurcott v Wakely & Wheeler [1911] 1 K.B. 905 (17 February 1911)SummaryLurcott v Wakely & Wheeler [1911] 1 K.B. 905 is a leading case in the English law of property, upon the construction of repair covenants in leases. The question was one of whether the tenan...
Read moreRead by(5)
What rooms are considered bedrooms under statutory overcrowding rules?
Bedrooms, living rooms, dining rooms, box rooms, studies, home offices, and large kitchens (considering safety and reasonability) are all counted as rooms for sleeping.
Read moreRead by(4)
What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract
Liquidated damages' LADS in a JCT Construction contract are deductions on a weekly basis for contract overrun. One would fall foul of the JCT Contract for making a deduction without going through the LADS process. And failing to pay a Certificate wit...
Read moreRead by(4)
Why Is ESG Important?
The disclosure of ESG data infuses transparency, helps reduce risks and helps identify opportunities.
Read moreRead by(4)
What is the law when a freeholder doesn't reply to your notice?
When a freeholder doesn't reply to a notice, such as a lease extension notice or any other formal communication, the specific legal recourse will depend on the jurisdiction and the applicable laws. However, there are general steps that can be taken in such a situatio...
Read moreRead by(4)
What is the factors or scoring criteria in Sustainalytics ESG risk ratings?
Sustainalytics is a leading provider of environmental, social, and governance (ESG) research and ratings. Their ESG risk ratings assess the ESG performance and risk exposure of companies based on a range of criteria. While the exact factors and scoring criteria used ...
Read moreRead by(4)
Does it matter if the freeholder of a leasehold property is a local council?
The identity of the freeholder, whether it is a local council or another entity, can have some implications for leasehold property. Here are a few points to consider:- Governance and Regulations: Local councils are subject to specific regulations an...
Read moreRead by(4)
The case of FirstPort Property Services Limited v Tenants [2018] involves a dispute concerning the reasonableness and apportionment of service charges charged to tenants of a residential development by FirstPort Property Services Limited.
FirstPort Property Services Limited v Tenants [2018]SummaryThe case of FirstPort Property Services Limited v Tenants [2018] involves a dispute concerning the reasonableness and apportionment of service charges charged to tenants of a residential development by FirstP...
Read moreRead by(4)
What changes have been made to the capital gains tax rules?
In the budget of October 2022, the UK government announced that capital gains tax allowance is being reduced by 50 percent. They apply to profits made from selling or disposing of an asset like a buy-to-let property or other asset of value.
Read moreRead by(3)
How do you change a managing agent?
It is actually more simple than you think to change your managing agent depending on who appointed them in the first place. If the developer of the block of leasehold flats appointed the managing agent then normally after the last flat is sold there are a few first s...
Read moreRead by(3)
What is compartmentation and what materials are used to separate compartments with a building?
The word compartmentation is used to define the fire separation between escape routes and between flats. A compartment is simply a part of a building bounded by walls and floors that will resist the passage of fire for a specified period of time. All penetrations thr...
Read moreRead by(3)
What is the difference between a Contract Administrator and Project Manager
There is a distinction between Contract Administrator and Project Manager neither of whom can be responsible for the behaviour or conduct of the Contractor themselves. In short the Contract Administrator is principally concerned with (1) quality of works&n...
Read moreRead by(3)
What is taxed for Inheritance Tax?
The deceased's estate comprises all valuable assets, such as shares, investments, jewelry, insurance policies, gifts, and property.
Read moreRead by(3)
What does the Defective Premises Act offer leaseholders?
The Defective Premises Act 1972Under the Defective Premises Act 1972 a person taking on work for, or in connection with, the provision of a dwelling owes a duty to ‘every person who acquires an interest in that dwelling’ to see that work is done:In a workmanlike...
Read moreRead by(3)
Under what law can breach of building regulations claims be brought?
Section 38 Building Act 1984: Believe it or not since 1984 Section 38 of The Building Safety Act has never come into force! The Building Safety Act 2022 will bring Section 38 into force and provide for claims for up to 15 years after works have b...
Read moreRead by(3)
Can you sell a property with an absent freeholder?
Yes, it is possible to sell a property even if the freeholder is absent. However, the presence of an absent freeholder can introduce certain complexities and potential challenges during the sale process. Here are a few key considerations:- Leasehold...
Read moreRead by(3)
Ask our Experts
What our customers are asking:
Can you sue a property management company for negligence uk?
In short yes, however there are quite a few steps to go through initially. Firstly any complaint against a managing agent is best coming from a Residents Association, a Right to Manage Company (RTM) or a Residents Management Company (RMC) as this collective voice wil...
Read More
What is the standard floor area of a three-bedroom house in the UK?
The standard size of a three-bedroom UK house is 88 square meters. As a comparison a typical victorian bay fronted two storey house with a side staircase and two storey back addition would be around 100 square metres..
Read More
What is the indemnity policy for the lack of freeholder consent?
An indemnity policy for lack of freeholder consent, also known as a leasehold indemnity policy, is a type of insurance policy that provides financial protection to the leaseholder in situations where the freeholder's consent for certain actions or changes to the prop...
Read More
Can I refuse to pay service charge ?
Normally no as the payment of service charge is a firm and legal obligation duty laid out within the lease you would have signed when buying your property. Often people would say 'why should I pay my service charge as the service I am paying for is not satisfactory' ...
Read More
How much do management companies charge?
Managing agent fees vary throughought the country anything form £250 per annum ber flat plus VAT to as much as £500 per unit for higher end blocks with high levels of amenity. A fair and reasonable level for a 2 bedroom property within the M25 should be around the £2...
Read More
What are section 20 qualifying works?
In essence any works to a block of flats costing more than £250 per property will by law trigger a Section 20 (Landlord and Tenant Act) Consultation process.This is good news for all residents throughout the country owning leasehold flats who are not necessaril...
Read More
What does service charge include?
Service charges for blocks of flats are designed to cover all necessary items of expenditure to ensure the building firstly is safe and complies with all the minimum health and safety requirements laid out in law and also the building is maintained to a good standard...
Read More
Section 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landlords.
Non-Compliance with Section 22SummarySection 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landl...
Read More
Can I take my freeholder to court?
Yes, it is possible to take your freeholder to court under certain circumstances. As a leaseholder, you have legal rights and protections, and if you believe that your freeholder has breached their obligations or failed to fulfill their responsibilities, you may have...
Read More
Can a freeholder appoint a managing agent?
Yes they can and often do. Developers often pre sell the ground rent on leasehold flats to developers well before the block of flats is finished. In this way they guarantee a bonus revenue stream over and above the profit margin they have forecast for the buid.The pr...
Read More
What is a reasonable service charge?
What even is a fair service charge ?Normally your freehold and/ or managing agent agree the required service charges for your block. There is no set level defined by a lease or enshrined in law. The estimates laid out for itmes in service charge&n...
Read More
What can the property ombudsman do?
If for any reason residents are not satisfied with any aspect of how teir block is managed and feel they have not had an adequate response by their agent they are at will to make a complaint to the industry ombudsmen. The main body for this would be the Royal Institu...
Read More
What is a rtm company?
An RTM stands for a Right to Manage Company. It is quite common for a developer or Freeholder to appoint their chosen managing agent when the last flat is sold in the block of flats. If this managing agent is perceived by the residents to be inadequate, expensive or ...
Read More
Absent Freeholders and The Vesting Order Process
When dealing with absent freeholders, one possible avenue to address the situation is through the vesting order process. Here's an overview of the vesting order process in relation to absent freeholders:- Identify the need for a vesting order: A ves...
Read More
Whether the tenant's repairing covenant applied to rebuild a wall that had become structurally unsound in the meantime.
Lurcott v Wakely & Wheeler [1911] 1 K.B. 905 (17 February 1911)SummaryLurcott v Wakely & Wheeler [1911] 1 K.B. 905 is a leading case in the English law of property, upon the construction of repair covenants in leases. The question was one of whether the tenan...
Read More
What rooms are considered bedrooms under statutory overcrowding rules?
Bedrooms, living rooms, dining rooms, box rooms, studies, home offices, and large kitchens (considering safety and reasonability) are all counted as rooms for sleeping.
Read More
What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract
Liquidated damages' LADS in a JCT Construction contract are deductions on a weekly basis for contract overrun. One would fall foul of the JCT Contract for making a deduction without going through the LADS process. And failing to pay a Certificate wit...
Read More
Why Is ESG Important?
The disclosure of ESG data infuses transparency, helps reduce risks and helps identify opportunities.
Read More
What is the law when a freeholder doesn't reply to your notice?
When a freeholder doesn't reply to a notice, such as a lease extension notice or any other formal communication, the specific legal recourse will depend on the jurisdiction and the applicable laws. However, there are general steps that can be taken in such a situatio...
Read More
What is the factors or scoring criteria in Sustainalytics ESG risk ratings?
Sustainalytics is a leading provider of environmental, social, and governance (ESG) research and ratings. Their ESG risk ratings assess the ESG performance and risk exposure of companies based on a range of criteria. While the exact factors and scoring criteria used ...
Read More
Does it matter if the freeholder of a leasehold property is a local council?
The identity of the freeholder, whether it is a local council or another entity, can have some implications for leasehold property. Here are a few points to consider:- Governance and Regulations: Local councils are subject to specific regulations an...
Read More
The case of FirstPort Property Services Limited v Tenants [2018] involves a dispute concerning the reasonableness and apportionment of service charges charged to tenants of a residential development by FirstPort Property Services Limited.
FirstPort Property Services Limited v Tenants [2018]SummaryThe case of FirstPort Property Services Limited v Tenants [2018] involves a dispute concerning the reasonableness and apportionment of service charges charged to tenants of a residential development by FirstP...
Read More
What changes have been made to the capital gains tax rules?
In the budget of October 2022, the UK government announced that capital gains tax allowance is being reduced by 50 percent. They apply to profits made from selling or disposing of an asset like a buy-to-let property or other asset of value.
Read More
How do you change a managing agent?
It is actually more simple than you think to change your managing agent depending on who appointed them in the first place. If the developer of the block of leasehold flats appointed the managing agent then normally after the last flat is sold there are a few first s...
Read More
What is compartmentation and what materials are used to separate compartments with a building?
The word compartmentation is used to define the fire separation between escape routes and between flats. A compartment is simply a part of a building bounded by walls and floors that will resist the passage of fire for a specified period of time. All penetrations thr...
Read More
What is the difference between a Contract Administrator and Project Manager
There is a distinction between Contract Administrator and Project Manager neither of whom can be responsible for the behaviour or conduct of the Contractor themselves. In short the Contract Administrator is principally concerned with (1) quality of works&n...
Read More
What is taxed for Inheritance Tax?
The deceased's estate comprises all valuable assets, such as shares, investments, jewelry, insurance policies, gifts, and property.
Read More
What does the Defective Premises Act offer leaseholders?
The Defective Premises Act 1972Under the Defective Premises Act 1972 a person taking on work for, or in connection with, the provision of a dwelling owes a duty to ‘every person who acquires an interest in that dwelling’ to see that work is done:In a workmanlike...
Read More
Under what law can breach of building regulations claims be brought?
Section 38 Building Act 1984: Believe it or not since 1984 Section 38 of The Building Safety Act has never come into force! The Building Safety Act 2022 will bring Section 38 into force and provide for claims for up to 15 years after works have b...
Read More
Can you sell a property with an absent freeholder?
Yes, it is possible to sell a property even if the freeholder is absent. However, the presence of an absent freeholder can introduce certain complexities and potential challenges during the sale process. Here are a few key considerations:- Leasehold...
Read More