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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...

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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' ...

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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..

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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How should we approach the problem of leases, keep carpeted clauses - surely these are out-dated with modern wooden flooring?

Keep carpeted clauses are probably now considered a 'primitive way' of deadening noise arising from "impact sound" particularly in older properties where ceiling/floor insulation schemes are not up to modern standards. Many leases include a "keep carpeted" clause. Le...

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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...

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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 ...

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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...

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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...

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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...

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What is an extraordinary general meeting (EGM)

An EGM can conduct much the same business as an AGM and can be called at anytime

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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.

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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...

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What is a certificate of compliance?

A certificate of compliance is a document required by the Land Registry to confirm that all the covenants of the lease have been complied with. This is required if a restriction against transfer is registered the title register and no conveyance can be completed on s...

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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...

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Whether the local authority can be liable to pay for the damage caused by public-land trees whose roots extend and cause damage to private land?

Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150SummaryThe case of Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150 deals with a local authority's liability for damage caused by the roots of a tree to private pr...

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The dispute concerns the reasonableness and recoverability of certain service charges charged against Mr Garside and another appellant, lessees under a long lease, by RFYC Ltd, which owns the freehold of a property.

Garside & Anor v RFYC Ltd & Anor [2011] UKUT 367 (LC) (15 September 2011)SummaryThe decision in Garside & Anor v RFYC Ltd & Anor [2011] UKUT 367 (LC) was a case whose determination and decision required proper understanding and enforcement of provisio...

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What is the average size of UK houses?

The average size of UK houses is 76 square metres.  This could be configured a small 3 bed flat or small 2 bed house.

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How do I complain about a managing agent ?

There are various ways to do this with a few governing bodies. The most regulated body governing managing agents would be the Royal Institute of Chartered Surveyors (RICS) whom have the most reprisals for their members and indeed any unsatisfied complaints would rend...

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why is Anstruther-Gough Calthorpe V Mcoscar [1924] deals with the principles of negligence and duty of care in relation to road accidents?

The case of Anstruther-Gough-Calthorpe v McOscar [1924] is a notable decision in UK caselaw that deals with the principles of negligence and duty of care in relation to road accidents.The case involved a motor vehicle accident between two drivers: Lord Anstruther-Gou...

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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...