Ask from our Property Experts

What our customers are asking:

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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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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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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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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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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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 or p...

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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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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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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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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 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 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:- Financial Management: ...

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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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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 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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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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What are legal duties and rights between landlords and tenants?

Taber v. MacDonald and Clockscreen Holdings Ltd (1999) 31 HLR 73, the Divisional CourtSummaryOne of the most famous decisions in the field of housing law is Taber v. MacDonald and Clockscreen Holdings Ltd, in the Divisional Court, at (1999) 31 HLR 73. The case debate...

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Can I refuse to pay ground rent if the freeholder is absent?

The absence of a freeholder does not automatically entitle you to refuse to pay ground rent. Ground rent is typically a contractual obligation outlined in the lease agreement, and unless there are specific provisions or legal circumstances that relieve you of the obl...

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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...

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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 the d...

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How can I trace my missing freeholder?

Tracing a missing freeholder can be a challenging task, but there are steps you can take to try and locate them. Here are some methods you can consider when attempting to trace a missing freeholder:- Check property records: Start by reviewing property records and ...

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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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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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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 regarding the property....

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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...

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What is an Energy Performance Certificate (EPC)?

An Energy Performance Certificate (EPC) is a document that provides information about the energy efficiency of a property in the UK. It rates the energy efficiency and environmental impact of a building on a scale from A to G.

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What is the average cost of renting a home in Wembley?

The average cost of renting a one-bedroom apartment in Wembley is around 1600 per month. However, rental prices can fluctuate depending on the location of the home.

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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 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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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...

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Ask our Experts

What our customers are asking:

How do I set up an rtm?

Can I claim adverse possession if the freeholder is absent?

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

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.

What is the role of the NRLA?

What does the Defective Premises Act offer leaseholders?

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

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

What is an Elective Resolution?

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

What is market value rent?

What are the responsibilities of a Court Appointed Manager?

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.

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 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.

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

What are legal duties and rights between landlords and tenants?

Can I refuse to pay ground rent if the freeholder is absent?

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 many exits did the Grenfell Tower have?

How can I trace my missing freeholder?

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 ?

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

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

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

What is an Energy Performance Certificate (EPC)?

What is the average cost of renting a home in Wembley?

The average cost of renting a one-bedroom apartment in Wembley is around 1600 per month. However, rental prices can fluctuate depending on the location of the home.

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.