Ask from our Property Experts

What our customers are asking:

Important case in the context of the party's point of enforceable agreements under English contract law as well as in interpreting the meaning of what the terms of an agreement are to embody.

Anstruther-Gough Calthorpe v McOscar [1924] 1 K.B. 716SummaryAnstruther-Gough Calthorpe v McOscar [1924] 1 K.B. 716 is an important case in the context of the party's point of enforceable agreements under English contract law as well as in interpreting the meaning of...

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About the issue of the scope of the rights and legal implications of conduct on the part of the owner of a property.

Pole Properties Ltd v Feinberg [1981] 43 P&CRSummaryThe case of Pole Properties Ltd v Feinberg [1981] 43 P&CR 121 is concerned with right of way and easements over property. The court was confronted with the issue of the scope of the rights and legal implicat...

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Dispute between the estate agents, Ludlow Thompson, and a tenant, the constructions associated with causes, deposit deductions, maintenance liabilities and termination processes.

Ludlow Thompson v TenantSummaryThe case of Ludlow Thompson v Tenant unfolds the clashing of minds in theological dispute between the estate agents, Ludlow Thompson, and a tenant, over the tenancy agreement and, more specifically, the constructions associated with cau...

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The questions of the reasonableness of the service charges and, if applicable, the construction of the arrangement previously made between the parties concerning the management.

Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC)SummaryThe case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) intends to resolve the issue between Poynders Court Limited, a company for residential management, an...

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Whether such clauses(EWCA Civ 1013) were generally speaking, fair and reasonable hence enforceable under the English law of contract?

Long Mint Limited v Rye [2005] EWCA Civ 1013SummaryThis is an action brought by Long Mint Limited against Rye [2005] EWCA Civ 1013 concerning the validity and enforceability of a set of contractual terms of a business agreement. The Court of Appeal had to decide whet...

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Question of construction of lease pacts, reasonableness of servicer charges that are levied and the obligations on the freeholder and the managing agents in the management and maintenance of the property.

Eve Court (2008)SummaryThe Eve Court (2008) is a case which involves a dispute by the leaseholders on the service charges and the management of the residential property. The case is a legal fight on question of construction of lease pacts, reasonableness of servicer ...

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Equitable doctrines insofar as informal agreements or assurances may be reached upon for matters dealing with property ownership and the expectations that ensue post any such agreement.

Gabb v Farrokhzad [2022] EWHSummaryThe case of Gabb v Farrokhzad [2022] EWHC 212 (Ch) is a judgment passed in the Chancery Division of the High Court of England and Wales governing complex issues such as property rights, proprietary estoppel, and constructive trusts....

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What are the responsibilities that the parties contract out of regarding statutory obligations that pertain to the repair and maintenance of dwelling houses

The case of Fishbourne Developments Ltd v Stephens [2020] EWCA CivSummaryThe case of Fishbourne Developments Ltd v Stephens [2020] EWCA Civ 1704 is about a dispute between a lease and, in particular, the responsibilities that the parties contract out of regarding sta...

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What are the main drivers behind the growth of coliving worldwide?

The growth of coliving is primarily driven by factors such as urbanization, changing demographics, and the desire for affordable, convenient, and socially connected living spaces.

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Is Wembley a good example of a 15-minute city?

Yes. Wembley offers easy access to many amenities that can be reached by walk or a ride within minutes. Well-planned regeneration and careful planning have made it possible.

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What is the percentage growth for the value of buy-to-let loans over 2022?

The total value of BTL loans shows a growth of 12 percent over the last year.

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What is the latest development on the cladding issue?

Some leading mortgage lenders have agreed to lend on properties with cladding issues subject to certain conditions.

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There is a very bad Mould Problem in the Flat, I called the Management Company and after some time they sent round a Damp Specialist who told me that there wasn't a problem at the flat, Do I have the right to have my own “Specialist round?

Yes you do. The problem if not an obvious roof or gutter leak may well be condensation, an advice leaflet is attached to help you.

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The Agent is demanding 5,000 of me in July for a new roof, I have had no say over this what so ever, is this a correct way of dealing with things, can I then pay this in installments.

You do have a say, any demand over 250 for any 1 service charge payer must be subject to statutory section 20 consultation (up to 3 notices of 30 days each) the notices are 'statutory consultation' and you have 30 days to make observations, all such observations MUST...

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1. What practical requirements are there for the purposes of the buyer becoming a member of the freehold company, as envisaged by clause 34 of the 4th schedule of the lease. 2. Please could you confirm if clause 4 of the 5th schedule of the lease can be amended to ensure it fully reflects the risks to be accounted on the buildings insurance.

Your answers in short are: 1. If they are not already a FH shareholder, buying a share at market price - our valuers can establish this for you at "their cost" 2. Any schedule of a lease can be amended but only with both parties agreement, therefore when a property e...

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We encourage lessees in our large block to leave a spare key at Reception in case we have to enter their flats in an emergency. This is especially important in the case of leaks in the 80+ year old plumbing, or because many of the flats are unoccupied some of the time as they are used as pied a terres. Our question is what might constitute an emergency.

In short we feel the logical answer is Fire or Flood, and in this context flood means MAINS PRESSURE leak and to support this, these are generally the 2 instances that the fire brigade would kick a door down to gain access. For a non mains pressure leak, only if the ...

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I live in Westminster Borough and the ceiling of my bathroom fell on my tenants and luckly it did not hurt anyone! Haus first ignored my emails for 8 days. Then when I complained they told me to deal direct with the flat above me. They wouldn't send anyone to investigate. Then my ceiling fell down. Now I'm complaining why they ignored my emails on the leak. They are ignoring my complaint. What to do?

Haus have a duty to decide if it is communal or not. Your question suggests they have without inspection or evidence decided they do not intend to get involved.Here are 5 reasons why Haus should NOT be ignoring you1. They hold details of flat above2. They have duty ...

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Why is asset valuation important?

A valuation of a property for asset valuation purposes may be needed for any of the following reasons:- for the purposes of updating the value of buildings which are held as assets of a company- to determine the value of assets held by a family trust- to determine th...

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What is asbestos surveying?

Asbestos Type 2 survey includes taking samples – The presence of asbestos can be confirmed or ruled out after samples undergo lab analysis. This type of survey will also identify the type of asbestos present and the level of risk involved.

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What do they look for in a building survey?

"With a building survey the customer gets the opportunity to increase the scope, for example: to report on loading and rearrangement of the property for conversion or extension. In general, the report includes details on:Major and minor defects and their meaning,Damp...

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What is a schedule of condition?

A schedule of condition is usually prepared by the tenant about the time the lease is entered into and should be ‘agreed’ between the parties and documented in the lease. The purpose of a schedule of condition is to make it easy to deal with end of lease dilapidation...

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What is included in a homebuyers survey?

The inspection for a Homebuyer Survey includes an investigation of damp issues, rising damp, penetrating damp and condensation as well as timber defects such as over-stressed timbers and beetle infestation. A Homebuyer Survey does include a visual inspection of the s...

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What are the Building Safety Act limitation periods

Specifically the Act extents the limitation period to 15 years prospectively for claims under s1 and s2A (claims that accrue after the Act takes effect); and to 30 years retrospectively for claims under s1 (claims that accrued before the Act takes effect).

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Is the Building Safety Bill Law?

The Building Safety Act which received Royal Assent on the 28th April 2022 has now completed all the parliamentary stages in both Houses to become an Act of Parliament which means it is a certainty that both the DPA and separately section 28 of the Building Act 1984 ...

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What defence can a developer offer in respect of new developer claims now limitation periods have been extended?

Generally there are TWO potential defences a defendant may be able to raise in respect of the new limitation periods:if the claim has already been settled or determined; orthe extended limitation period breaches the defendant’s rights under the Human Rights Act 1998....

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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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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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What does a bank reconciliation entail?

A bank reconciliation is a routine check that should be carried out on any bank account to ensure that the cheques written leave and clear the account and that cash paid in is received by the bank. Monies that have not been received (i.e. perhaps lost in the banking ...

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What means do you use to collect service charge?

Our in-house Legal Services team monitor the collection of service charges. Arrears reach the litigation stage within the quarter in which they are billed.

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What is an ownership register?

An ownership register is the legal register of who currently owns the lease at a certain point in time. A lease will always set out the original parties when it was first created, thereafter the lease is (assigned) to each subsequent purchaser. It is the registration...

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Ask our Experts

What our customers are asking:

Important case in the context of the party's point of enforceable agreements under English contract law as well as in interpreting the meaning of what the terms of an agreement are to embody.

About the issue of the scope of the rights and legal implications of conduct on the part of the owner of a property.

Dispute between the estate agents, Ludlow Thompson, and a tenant, the constructions associated with causes, deposit deductions, maintenance liabilities and termination processes.

The questions of the reasonableness of the service charges and, if applicable, the construction of the arrangement previously made between the parties concerning the management.

Whether such clauses(EWCA Civ 1013) were generally speaking, fair and reasonable hence enforceable under the English law of contract?

Question of construction of lease pacts, reasonableness of servicer charges that are levied and the obligations on the freeholder and the managing agents in the management and maintenance of the property.

Equitable doctrines insofar as informal agreements or assurances may be reached upon for matters dealing with property ownership and the expectations that ensue post any such agreement.

What are the responsibilities that the parties contract out of regarding statutory obligations that pertain to the repair and maintenance of dwelling houses

What are the main drivers behind the growth of coliving worldwide?

The growth of coliving is primarily driven by factors such as urbanization, changing demographics, and the desire for affordable, convenient, and socially connected living spaces.

Is Wembley a good example of a 15-minute city?

Yes. Wembley offers easy access to many amenities that can be reached by walk or a ride within minutes. Well-planned regeneration and careful planning have made it possible.

What is the percentage growth for the value of buy-to-let loans over 2022?

The total value of BTL loans shows a growth of 12 percent over the last year.

What is the latest development on the cladding issue?

Some leading mortgage lenders have agreed to lend on properties with cladding issues subject to certain conditions.

There is a very bad Mould Problem in the Flat, I called the Management Company and after some time they sent round a Damp Specialist who told me that there wasn't a problem at the flat, Do I have the right to have my own “Specialist round?

Yes you do. The problem if not an obvious roof or gutter leak may well be condensation, an advice leaflet is attached to help you.

The Agent is demanding 5,000 of me in July for a new roof, I have had no say over this what so ever, is this a correct way of dealing with things, can I then pay this in installments.

1. What practical requirements are there for the purposes of the buyer becoming a member of the freehold company, as envisaged by clause 34 of the 4th schedule of the lease. 2. Please could you confirm if clause 4 of the 5th schedule of the lease can be amended to ensure it fully reflects the risks to be accounted on the buildings insurance.

We encourage lessees in our large block to leave a spare key at Reception in case we have to enter their flats in an emergency. This is especially important in the case of leaks in the 80+ year old plumbing, or because many of the flats are unoccupied some of the time as they are used as pied a terres. Our question is what might constitute an emergency.

I live in Westminster Borough and the ceiling of my bathroom fell on my tenants and luckly it did not hurt anyone! Haus first ignored my emails for 8 days. Then when I complained they told me to deal direct with the flat above me. They wouldn't send anyone to investigate. Then my ceiling fell down. Now I'm complaining why they ignored my emails on the leak. They are ignoring my complaint. What to do?

Why is asset valuation important?

What is asbestos surveying?

What do they look for in a building survey?

What is a schedule of condition?

What is included in a homebuyers survey?

What are the Building Safety Act limitation periods

Is the Building Safety Bill Law?

What defence can a developer offer in respect of new developer claims now limitation periods have been extended?

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?

Who can have claims brought against them?

What does a bank reconciliation entail?

What means do you use to collect service charge?

Our in-house Legal Services team monitor the collection of service charges. Arrears reach the litigation stage within the quarter in which they are billed.