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What our customers are asking:

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, ...

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How fast is BTR expanding?

Build to Rent, is a rapidly expanding segment of the UK housing market. BTR is increasingly contributing to overall housing supply. The British Property Federation (BPF), in collaboration with Savills, has reported the sector is growing by 14%+ a year.

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What does a Section 20 Notice do?

Essentially Section 20 Notices aim to service charge payer’s reasonable consultation. For “works” there are up to 3 notices. Step 1 invites consultations about proposed expenditure from service charge payers and allows them to nominate a contractor. Step 2 details ...

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What is the consultation period for Section 20?

Stages 1 and 2 each provide 30 days for consultation and invite service charge payers to provide observations.

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What is ‘Section 20’?

Section 20 refers to Section 20 of the Landlord & Tenant Act 1985 (as amended by the Commonhold & Leasehold Reform Act 2002)

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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...

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We served a Stage 1 notice covering a wider scope of works than we now intend, what are the risks?

What you as Client need to consider is would the lessees have responded differently to separate notices of intention for separate projects and are you now prejudicing their statutory rights. A Tribunal may deem this to be too confusing to leaseholder and deemed non-...

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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...

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What are the risks if we want to carry out an informal consultation process?

Clearly, you would fall foul of specific legislation put in place to protect service charge payers, this is inherently risky. For emergency works you should start a formal consultation process and simultaneously apply to the Tribunal for a dispensation from the fu...

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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).

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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...

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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...

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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...

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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.

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What works does Section 20 cover?

Think practical works: Examples could include:building repairs and maintenance and also maintenance to installed plant and equipment. Works would not include cleaning, gardening or legal advice.

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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.

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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...

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What are the 3 Notices called?

Stage 1 – Notice of intention. This notifies service charge payers of the planned works.Stage 2 – Notice of Estimates. This sets out quotations obtained for the work.Stage 3 – Notice of Reasons. If the contractor chosen was not the cheapest or is more expensive than...

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Ask our Experts

What our customers are asking:

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 fast is BTR expanding?

What does a Section 20 Notice do?

What is the consultation period for Section 20?

Stages 1 and 2 each provide 30 days for consultation and invite service charge payers to provide observations.

What is ‘Section 20’?

Section 20 refers to Section 20 of the Landlord & Tenant Act 1985 (as amended by the Commonhold & Leasehold Reform Act 2002)

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?

We served a Stage 1 notice covering a wider scope of works than we now intend, what are the risks?

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?

What are the risks if we want to carry out an informal consultation process?

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?

Who can have claims brought against them?

Who can bring a claim under this cause of action?

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.

What works does Section 20 cover?

Think practical works: Examples could include:building repairs and maintenance and also maintenance to installed plant and equipment. Works would not include cleaning, gardening or legal advice.

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.