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What our customers are asking:

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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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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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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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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Can I claim adverse possession if the freeholder is absent?

Adverse possession, also known as squatters' rights, is a legal concept that allows someone who has occupied a property without the owner's permission for a specified period of time to potentially claim ownership of that property. The rules regarding adverse possessi...

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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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What is an Elective Resolution?

An Elective Resolution would be required to change the activities of the Board. Typical resolutions include dispensing with AGMs, dispensing with the obligation to lay accounts before an AGM, Altering voting rules.

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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,...

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How can I obtain information about the freeholder if they are absent?

If you are seeking information about an absent freeholder, there are several steps you can take to try and obtain the necessary information:-    Review Lease Documents: Start by reviewing your lease agreement and any related documents you have regardin...

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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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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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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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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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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 is market value rent?

Market Rent is defined by the RICS as "the estimated amount for which an interest in a real property should be leased on the valuation date between a willing lessor and willing lessee on appropriate terms in an arm's length transaction, after proper marketing and whe...

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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...

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How many exits did the Grenfell Tower have?

Grenfell Tower had only one exit, no sprinklers and had a 'stay put' policy. The Fire Risk Assessment did not consider the risks from the flammable materials that caused devastating external fire spread.  The Fire Service did not change the 'stay put policy' on ...

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What is an annual general meeting?

An annual general meeting AGM is a meeting that is required by the Companies Acts to present the accounts to the shareholders of the business, approve accounts, elect/re-elect directors, appoint and set the remuneration of the auditors. An AGM must be held within 15 ...

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What is the absent landlord policy?

Absentee Landlord insurance provides coverage in situations where the landlord of a leasehold property cannot be located, is in liquidation or receivership, and as a result, rent has not been paid or demanded, and necessary consents for property-related work or lease...

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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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What are all the component parts of compartmentation in fire safety of buildings?

Fire compartmentation is a fundamental concept in fire safety and refers to the division of a building into separate compartments to prevent the spread of fire and smoke. The goal is to confine the fire to its origin and give occupants ample time to evacuate safely w...

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Which is the best place to live in Wembley?

Many prefer settling in Sudbury Hill, North Wembley, and Preston Road areas. There are other places to settle down and enjoy life in Wembley.

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What exactly is a party wall?

t forms part of a building and stands astride the boundary of land belonging to two (or more) different owners orIt separates buildings and it either stands astride the boundary of land belonging to two (or more) different owners. 

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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...

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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 ...

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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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I am thinking of becoming a Director. What does a Director do?

Directors act as the ear to the ground and voice for the site. Directors influence the budget, can suggest improvements, help set the timing for major works, carpet renewal etc… Directors also approve the accounts, make decisions on consents under the lease i.e. pet ...

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What are the responsibilities of a Court Appointed Manager?

The responsibilities of a court-appointed manager can vary depending on the specific circumstances of the appointment and the orders issued by the court. However, some common responsibilities that a court-appointed manager may have include:-    Financi...

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What is the main issue in the legal challenge led by Brian White, MBE?

Brian White is challenging FirstPort's insurance costs, alleging that the capital value of his daughter's residential block was unreasonably increased due to the inclusion of VAT.

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When a flat is sold and there are arrears on service charges and/or ground rents what happens? Also if after preparing the year end accounts there is a surplus to redistribute back to the leaseholders, is it the leaseholders at that point that get the refund or the ones that actually paid towards the service charges on account during the year?

The mechanism to help stop sales complete when there are service charge/ground rent arrears is a restriction registered at HM LAnd Registry. This restriction usually requires the Managing Agent to issue a certificate of compliance so that UNLESS a certificate of comp...

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Ask our Experts

What our customers are asking:

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

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.

Can you sell a property with an absent freeholder?

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

Can I claim adverse possession if the freeholder is absent?

How do I complain about a managing agent ?

What is an Elective Resolution?

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

How can I obtain information about the freeholder if they are absent?

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.

What does the rent reform bill propose?

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 ?

How do I set up an rtm?

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 is market value rent?

What does the Defective Premises Act offer leaseholders?

How many exits did the Grenfell Tower have?

What is an annual general meeting?

What is the absent landlord policy?

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.

What are all the component parts of compartmentation in fire safety of buildings?

Which is the best place to live in Wembley?

Many prefer settling in Sudbury Hill, North Wembley, and Preston Road areas. There are other places to settle down and enjoy life in Wembley.

What exactly is a party wall?

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

What is the factors or scoring criteria in Sustainalytics ESG risk ratings?

What is the role of the NRLA?

I am thinking of becoming a Director. What does a Director do?

What are the responsibilities of a Court Appointed Manager?

What is the main issue in the legal challenge led by Brian White, MBE?

Brian White is challenging FirstPort's insurance costs, alleging that the capital value of his daughter's residential block was unreasonably increased due to the inclusion of VAT.

When a flat is sold and there are arrears on service charges and/or ground rents what happens? Also if after preparing the year end accounts there is a surplus to redistribute back to the leaseholders, is it the leaseholders at that point that get the refund or the ones that actually paid towards the service charges on account during the year?