Ask from our Property Experts

What our customers are asking:

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 by(4)

What are the Notice periods for a 'Payless Notice' in a JCT Construction contract

A Payless Notice is a method under a JCT Construction contract to deal with quality of works or if you as the Client believe the Contract Administrator has certified the works at more than you believe is correct.  Ordinarily the Client is responsible for serving...

Read by(2)

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...

Read by(2)

In the case of Minja Properties Limited v. Cussins Property Group [1998] why was thier a dispute between two property companies?

In the case of Minja Properties Limited v. Cussins Property Group [1998] 2 EGLR 52, the High Court of England and Wales, presided over by Harman J, examined a dispute between two property companies, Minja Properties Limited and Cussins Property Group. The case involv...

Read by(2)

what does The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) deal with?

The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) is a significant legal case that deals with issues of property rights, specifically the right to light and the impact of development on neighboring properties.In this instance, the claimants,...

Read by(2)

Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

Burr v OM Property Management Limited [2013] is a notable case in UK caselaw that involved a dispute between a leaseholder, Mrs. Burr, and the property management company, OM Property Management Limited. The case centered around the issue of service charges and the i...

Read by(1)

Why is the case of Phillips And Goddard V Francis (2012) revolves around service charges in leasehold properties?

The case of Phillips and Goddard v Francis, also known as the "Phillips and Goddard v Francis (2012)" case, is a significant decision in UK caselaw that revolves around service charges in leasehold properties. It pertains to the interpretation of Section 20 of the La...

Read by(1)

How is the case of the case of Daejan Investments Ltd v Benson and Others [2013] addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985?

The case of Daejan Investments Ltd v Benson and Others [2013] is a significant decision in UK caselaw that addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985. The case specifically explores the requirements for consultation...

Read by(1)

how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?

The case of Pemberstone Reversions Limited v Various leaseholders [2018] is a significant decision in UK caselaw that revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases.The case involved Pemberstone Reversions Limited, a l...

Read by(1)

How does the Avon Ground Rents Ltd v Cowley 2019 sheds light on the obligations of leaseholders and the remedies available to landlords in the context of leasehold properties?

Avon Ground Rents Ltd v Cowley and others is a notable legal case that deals with the interpretation and application of leasehold covenants and the consequences of breaching those covenants. The case sheds light on the obligations of leaseholders and the remedies ava...

Read by(1)

How does The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) deals with the issue of service charges in leasehold properties?

The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) is a notable legal case that deals with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords.Mr. Johnson, the claimant in this case, was a less...

Read by(1)

why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

The case of BDW Trading Ltd v South Anglia Housing Ltd is a notable legal case that deals with the interpretation and enforcement of a contract for the sale of land and the consequences of a breach of contract.In this case, BDW Trading Ltd (the claimant) and South An...

Read by(1)

What are the risks of not doing Section 20 consultation properly?

You are at risk.  However, since 2014 the Daejan vs Benson case suggests that a dispensation from consultation might be granted if it is just and reasonable to do so, eg, emergency communal heating failure in winter, else what you can recover from service charge...

Read by(1)

I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

The answer on CDM is The CDM Regulations deal with the management of health and safety and they place duties on clients, planning supervisors, designers and contractors to plan, coordinate and manage health and safety throughout all stages of the construction project...

Read by(0)

Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?

The Building Safety Bill will grant a power to the High Courts which allows them to extend specific liabilities for one company to any other associated companies and make them jointly and severally liable, should the High Court considers it just and equitable to do s...

Read by(0)

Which liabilities could a Building Liability Order be applied to?

A claimant can request a Building Liability Order when a claim is made under the Defective Premises Act 1972, section 38 of the Building Act 1984 or any other claim which is incurred as a result of a risk from fire spread or structural failure.

Read by(0)

How is associated company being defined?

A company is associated with another company if one of them controls the other (parent companies) or if both are controlled by a third company (sister companies).

Read by(0)

New Construction Product Course of Action Background The government has made it clear that those who have been responsible and continue to be responsible for building safety defects have a responsibility to rectify. There are currently almost no routes which allow construction product manufacturers to be held accountable for their role in the creation of building safety risks that cause or contribute to a dwelling being unfit for habitation. What are we going to do?

We are introducing a new course of action that will enable claims to be brought against construction product manufacturers and sellers for their role in causing problems associated with building safety. It will apply if a product has been mis-sold, is found to be inh...

Read by(0)

What damages can be recovered?

Persons will be able to recover damages for physical damage (including injury and damage to property) as well as economic losses.

Read by(0)

Who can bring a claim under this cause of action?

Damages can be claimed by any person who has suffered a loss as a result of a dwelling being ‘unfit for habitation’. Developers can also recover a contribution under this cause of action from construction product manufacturers, for example if they were sued under the...

Read by(0)

Who can have claims brought against them?

Claims can be brought against manufacturers of construction products, and all other economic operators (e.g. distributors) in the supply and marketing of construction products. It will depend on which party is responsible for the product being mis-sold, inherently de...

Read by(0)

What if the defaulting tenant lives outside the EU?

Usually jurisdiction is allowed in the country of residence of the defaulting Tenant. However, if our legal team is able to serve the Defaulting Tenant while they are in the UK we will do so. The alternative is to apply for special jurisdiction which would be time-co...

Read by(0)

What if the defaulting tenant lives outside the UK?

Our legal Team may be able to secure UK jurisdiction. Good management of ownership registers would seek a service charge deposit from an overseas buyer.

Read by(0)

why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

The case of Lurcott v Wakely [1911] is a significant decision in UK caselaw that deals with the concept of vicarious liability in the context of employer-employee relationships.The case involved Mr. Wakely, a farmer, who employed Mr. Hirons to carry out work on his f...

Read by(0)

How is the case of Sutton (Hastoe) Housing Association v Williams [1988] explores the rights and obligations of landlords and tenants in the context of secure tenancies?

The case of Sutton (Hastoe) Housing Association v Williams [1988] is an important decision in UK caselaw that explores the rights and obligations of landlords and tenants in the context of secure tenancies.Mrs. Williams, a Sutton (Hastoe) Housing Association tenant, ...

Read by(0)

How is the case of Oliver v Sheffield City Council [2017] an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care?

The case of Oliver v Sheffield City Council [2017] is an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care.In this instance, a young girl named Poppy was placed in foster care under Sheffie...

Read by(0)

what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

Firstport Property Services Limited v The Various Long Leaseholders of Citiscape, commonly referred to as "The Tenants," is a notable case that revolves around the issue of who is responsible for the costs of replacing dangerous cladding on a residential building. Th...

Read by(0)

how does The case of Pole Properties Ltd v Feinberg [1981] 43 P&CR 121 deals with the issue of adverse possession?

The case of Pole Properties Ltd v Feinberg [1981] 43 P&CR 121 is a notable legal case that deals with the issue of adverse possession and its application in property law.Pole Properties Ltd., the claimant in this case, sought to take ownership of a plot of land t...

Read by(0)

why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

The case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in the context of property law.In this case, the defendant Leon Di Marco was accused of...

Read by(0)

how does The case of Johnson v County Bideford [2012] UKUT 457 (LC) deal with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords?

The case of Johnson v County Bideford [2012] UKUT 457 (LC) is a notable legal case that deals with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords.In this case, the claimant, Mr. Johnson, was a leaseho...

Read by(0)

Ask our Experts

What our customers are asking:

What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract

What are the Notice periods for a 'Payless Notice' in a JCT Construction contract

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

In the case of Minja Properties Limited v. Cussins Property Group [1998] why was thier a dispute between two property companies?

what does The case of Garside and another v RFYC Ltd and another [2011] UKUT 367 (LC) deal with?

Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

Why is the case of Phillips And Goddard V Francis (2012) revolves around service charges in leasehold properties?

How is the case of the case of Daejan Investments Ltd v Benson and Others [2013] addresses the interpretation and application of Section 20 of the Landlord and Tenant Act 1985?

how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?

How does the Avon Ground Rents Ltd v Cowley 2019 sheds light on the obligations of leaseholders and the remedies available to landlords in the context of leasehold properties?

How does The case of Johnson v County Bideford Ltd [2012] UKUT 457 (LC) deals with the issue of service charges in leasehold properties?

why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

What are the risks of not doing Section 20 consultation properly?

I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?

Which liabilities could a Building Liability Order be applied to?

How is associated company being defined?

A company is associated with another company if one of them controls the other (parent companies) or if both are controlled by a third company (sister companies).

New Construction Product Course of Action Background The government has made it clear that those who have been responsible and continue to be responsible for building safety defects have a responsibility to rectify. There are currently almost no routes which allow construction product manufacturers to be held accountable for their role in the creation of building safety risks that cause or contribute to a dwelling being unfit for habitation. What are we going to do?

What damages can be recovered?

Persons will be able to recover damages for physical damage (including injury and damage to property) as well as economic losses.

Who can bring a claim under this cause of action?

Who can have claims brought against them?

What if the defaulting tenant lives outside the EU?

What if the defaulting tenant lives outside the UK?

Our legal Team may be able to secure UK jurisdiction. Good management of ownership registers would seek a service charge deposit from an overseas buyer.

why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

How is the case of Sutton (Hastoe) Housing Association v Williams [1988] explores the rights and obligations of landlords and tenants in the context of secure tenancies?

How is the case of Oliver v Sheffield City Council [2017] an important decision in UK caselaw that pertains to the duty of care owed by local authorities to protect children in foster care?

what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

how does The case of Pole Properties Ltd v Feinberg [1981] 43 P&CR 121 deals with the issue of adverse possession?

why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

how does The case of Johnson v County Bideford [2012] UKUT 457 (LC) deal with the issue of service charges in leasehold properties and the rights and obligations of leaseholders and landlords?