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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...

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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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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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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 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 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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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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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 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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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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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 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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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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What is the average age of first-time homebuyers in the UK?

The average age of the UK's first-time homebuyer is 45 years

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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...

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What is a cluster flat in the context of PBSA accommodation?

A cluster flay refers to typically 5 or 6 bedrooms with ensuite shower facilities built around a central kitchen/eating and sometimes sitting/lounge area too.

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How do I set up an rtm?

Right to Manage Company or (RTM's) are fairly straight forward to set up. Firstly you will need the agreement of over 50% of leaseholders. Then the best practice would be to appoint a specialist RTM solicitor who will take you through the steps and on your behalf ser...

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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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Investigation about adverse possession of land law was claimed and the matters regarding the rights of squatters against property owners?

Quinn v Scott [1965] 1 WLR 1004SummaryQuinn v Scott [1965] 1 WLR 1004 is a landmark case registered in the English land court where adverse possession of land law was claimed and the matters regarding the rights of squatters against property owners have been put unde...

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What is Moss Side famous for?

Moss Side stands apart for its multiculturism. It is a popular destination for the best cuisines, music, and festivals. Moss Side is home to the Manchester Academy and Alexandra Park.

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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...

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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...

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Oliver v Sheffield City Council [2017] EWCA Civ 225 is a case associated with negligence and occupiers' liability pertaining to maintenance liability for a public pavement.

Oliver v Sheffield City Council [2017] EWCA Civ 225SummaryOliver v Sheffield City Council [2017] EWCA Civ 225 is a case associated with negligence and occupiers' liability pertaining to maintenance liability for a public pavement. A judgment delivered by the Court of...

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What does the rent reform bill propose?

The Private Rental Reform bill will include measures to support private landlords for out-of-court settlement of disputes. A Private Renter's Ombudsman will have powers to reduce legal disputes and costs. An online platform to help landlords access the necessary info...

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What is the role of the NRLA?

The National Residential Landlords Association is the UK's largest membership organisation for private residential landlords. They help members deal with many challenges and offer comprehensive learning resources available in the sector.

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Is Salford a safe place to live?

Like any city in the UK, Salford has areas with varying levels of safety. Recently, many safety improvement measures have been initiated, so many neighbourhoods are considered safe.

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Each of the flats in our development has an associated garage with a separate Lease, that the shareholder Lessees purchased at the same time as they purchased the Lease of their respective flats. Unfortunately, neither Lease contains a specific clause that subletting is, or is not, permitted; with the result that none of the tenants of these 4 flats, is able to use the associated garages for their cars. For example, the non-resident Lessees of two of the flats have refused their tenant permission to use the garages. In one case, the Lessee himself is using it to store furniture and, in the other, to store his own motor vehicle. Because of this, one of the tenants has 3 cars parked in our restricted roadway, and another, his commercial, long wheel-base Transit van. When the cars belonging to the other two tenants, and resident Lessees are also parked in the roadway which is designated as being for the reasonable use only of the residents it is sometimes impossible for the contractor, delivery and emergency vehicles to obtain access. The garages associated with the two other Buy-to-Let flats are used by the tenants to store their company work materials, trade items, stock, tools, etc., and for use as an occasional workshop albeit possibly without the knowledge of their Landlord Lessee. In addition, not one of the tenants of these 4 flats respects the important terms and conditions of the main Leases scrupulously observed by each of the resident shareholder Lessees, and it would appear that no stipulation requiring them to do so is included in or added as an integral contractual codicil to the wording/terms and conditions of the one size fits standard, Short Term Assured Tenancy Agreements, the Lettings Agents ask them to sign. Given the current situation outlined above, I should like to ask if we, the Directors of THRALL, are empowered, entitled or able in any way to introduce and implement the following stipulations/requirements, i.e. that: (i) the garages associated with each Buy to Let flat MUST be let, empty, with the flat and used by the tenants ONLY for parking their cars ? i.e. that the Lessee cannot retain it for his own use, or sanction its use, for any other purpose during the period of the tenancy; (ii) only one car per flat is permitted on the premises (excluding short term, visitors)? (iii) each Short Term Assured Tenancy Agreement MUST have a summary of the main clauses of the flat and garages leases attached, and a custom worded clause added to their wording/terms and conditions, that includes the stipulation that these MUST be strictly observed at all times? (iv) persistent or failure by the tenant to observe the foregoing e.g. following one verbal and two written warnings by the Board will result in immediate termination of their Short Term Assured Tenancy Agreement and notice to quit? (v) NO tenant is permitted to sub-let a room in the flat to a third party? (vi) Letting Agents must notify the THRALL Board (or its property company ) IN ADVANCE of the name, number, nationality and entry dates of incoming tenants, and confirm that an adequate current, contents insurance policy is in force ? (vii) the non-resident shareholder Lessees of the Buy-to-Let flats be required to sign an agreement with the THARL Board, accepting the foregoing, and that any breach by the Lessee of these terms and conditions, will result in a legally-recoverable financial penalty ?

Here's your answers: 1) if subletting is not restricted it is permitted 2) tenants have no right to use a separate garage/parking space just because they rent a flat that notionally goes with it (that is a matter of contract) 3) a good lease will prohibit trade, but ...

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Ask our Experts

What our customers are asking:

Can you sue a property management company for negligence uk?

What is the standard floor area of a three-bedroom house in the UK?

How much do management companies charge?

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.

What does service charge include?

What is a reasonable service charge?

What are section 20 qualifying works?

Can a freeholder appoint a managing agent?

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

What is a rtm company?

What can the property ombudsman do?

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.

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?

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.

What is compartmentation and what materials are used to separate compartments with a building?

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.

What is the average age of first-time homebuyers in the UK?

The average age of the UK's first-time homebuyer is 45 years

How do you change a managing agent?

What is a cluster flat in the context of PBSA accommodation?

A cluster flay refers to typically 5 or 6 bedrooms with ensuite shower facilities built around a central kitchen/eating and sometimes sitting/lounge area too.

How do I set up an rtm?

How do I complain about a managing agent ?

Investigation about adverse possession of land law was claimed and the matters regarding the rights of squatters against property owners?

What is Moss Side famous for?

Moss Side stands apart for its multiculturism. It is a popular destination for the best cuisines, music, and festivals. Moss Side is home to the Manchester Academy and Alexandra Park.

Whether the tenant's repairing covenant applied to rebuild a wall that had become structurally unsound in the meantime.

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.

Oliver v Sheffield City Council [2017] EWCA Civ 225 is a case associated with negligence and occupiers' liability pertaining to maintenance liability for a public pavement.

What does the rent reform bill propose?

What is the role of the NRLA?

Is Salford a safe place to live?

Like any city in the UK, Salford has areas with varying levels of safety. Recently, many safety improvement measures have been initiated, so many neighbourhoods are considered safe.

Each of the flats in our development has an associated garage with a separate Lease, that the shareholder Lessees purchased at the same time as they purchased the Lease of their respective flats. Unfortunately, neither Lease contains a specific clause that subletting is, or is not, permitted; with the result that none of the tenants of these 4 flats, is able to use the associated garages for their cars. For example, the non-resident Lessees of two of the flats have refused their tenant permission to use the garages. In one case, the Lessee himself is using it to store furniture and, in the other, to store his own motor vehicle. Because of this, one of the tenants has 3 cars parked in our restricted roadway, and another, his commercial, long wheel-base Transit van. When the cars belonging to the other two tenants, and resident Lessees are also parked in the roadway which is designated as being for the reasonable use only of the residents it is sometimes impossible for the contractor, delivery and emergency vehicles to obtain access. The garages associated with the two other Buy-to-Let flats are used by the tenants to store their company work materials, trade items, stock, tools, etc., and for use as an occasional workshop albeit possibly without the knowledge of their Landlord Lessee. In addition, not one of the tenants of these 4 flats respects the important terms and conditions of the main Leases scrupulously observed by each of the resident shareholder Lessees, and it would appear that no stipulation requiring them to do so is included in or added as an integral contractual codicil to the wording/terms and conditions of the one size fits standard, Short Term Assured Tenancy Agreements, the Lettings Agents ask them to sign. Given the current situation outlined above, I should like to ask if we, the Directors of THRALL, are empowered, entitled or able in any way to introduce and implement the following stipulations/requirements, i.e. that: (i) the garages associated with each Buy to Let flat MUST be let, empty, with the flat and used by the tenants ONLY for parking their cars ? i.e. that the Lessee cannot retain it for his own use, or sanction its use, for any other purpose during the period of the tenancy; (ii) only one car per flat is permitted on the premises (excluding short term, visitors)? (iii) each Short Term Assured Tenancy Agreement MUST have a summary of the main clauses of the flat and garages leases attached, and a custom worded clause added to their wording/terms and conditions, that includes the stipulation that these MUST be strictly observed at all times? (iv) persistent or failure by the tenant to observe the foregoing e.g. following one verbal and two written warnings by the Board will result in immediate termination of their Short Term Assured Tenancy Agreement and notice to quit? (v) NO tenant is permitted to sub-let a room in the flat to a third party? (vi) Letting Agents must notify the THRALL Board (or its property company ) IN ADVANCE of the name, number, nationality and entry dates of incoming tenants, and confirm that an adequate current, contents insurance policy is in force ? (vii) the non-resident shareholder Lessees of the Buy-to-Let flats be required to sign an agreement with the THARL Board, accepting the foregoing, and that any breach by the Lessee of these terms and conditions, will result in a legally-recoverable financial penalty ?