What our customers are asking:
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.
Read more
Read by(95)
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 ...
Read moreRead by(95)
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 moreRead by(93)
Whether the service charges claimed by the landlord were reasonable and recoverable under the lease.
Court of Appeal – [2020] UKUT 163 (LC) No. 1 West India Quay (Residential) Ltd Vs East Tower Apartments LtdSummaryThe case of No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020] UKUT 163 (LC) is a service charge landlord and tenant dispute. The...
Read moreRead by(93)
Where and how do you keep service charge monies? How are they administered and who receives any interest?
All client funds are held in interest-bearing client accounts administered in accordance with Royal Institution of Chartered Surveyors (RICS) Client Money Protection Scheme. All interest accrues to the leaseholders. All accounts are managed according to the RICS Code...
Read moreRead by(93)
The case of Continental Property Ventures Inc v White was brought in regard to the enforceability of lease covenants and a landlord's right to forfeit a lease in relation to the breaches committed by a tenant.
Continental Property Ventures Inc v White [2006] 1 E.G.L.R. 85SummaryThe case of Continental Property Ventures Inc v White [2006] 1 E.G.L.R. 85 was brought in regard to the enforceability of lease covenants and a landlord's right to forfeit a lease in relation to the...
Read moreRead by(92)
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 moreRead by(90)
How do I challenge a leasehold service charge?
This is a common question amongst leaseholders who either feel they are being over charged or that they are not receiving value for money form their managing agent. In the first instance they need to write to the managing agent stating their concerns and if a satisfa...
Read moreRead by(89)
15. What does an absent landlord insurance policy cover?
Absent landlord insurance policies typically provide coverage for situations where the landlord of a property is absent or untraceable. While the specific coverage can vary between insurance providers, here are some common aspects covered by absent landlord insurance...
Read moreRead by(88)
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 moreRead by(88)
What is the reserve fund and what can it be used for in leasehold property?
A reserve fund is a dedicated pot of cash that is used to cover the cost of repairs for a building owned by a number of leaseholders. Reserve funds are built towards future cyclical expenditure (such as the replacement of the lift of the re-covering of a roof and/or ...
Read moreRead by(88)
How much of London's housing is on Airbnb? And what regulations are there?
According to Mayor Khan, there are 81,792 listings on Airbnb in London, with 50,401 of them offering entire properties for short-term stays. Airbnb pointed out that homes in London cannot be rented for over 90 days a year without proper planning permission. They wer...
Read moreRead by(87)
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...
Read moreRead by(87)
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...
Read moreRead by(86)
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 moreRead by(84)
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 moreRead by(84)
What is the New Homes Ombudsman Service (NHOS)?
The New Homes Ombudsman Service is an independent body responsible for reviewing cases and resolving disputes related to breaches of the New Homes Quality Code (NHQC) in the UK's newly built private homes sector. It comes into being as part of The Building Safety Ac...
Read moreRead by(83)
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...
Read moreRead by(83)
What is commonhold? Commonhold for residential blocks of flats explained
Commonhold refers to a type of property ownership that was introduced by the Commonhold and Leasehold Reform Act 2002, but not made mandatory. It provides an alternative to leasehold ownership, which is the traditional form of property ownership for residential flats...
Read moreRead by(82)
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...
Read moreRead by(82)
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 ...
Read moreRead by(81)
What is the construction of a restrictive covenant imposed on a parcel of residential property and how such a covenant would have affected future development?
Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139, [2018] 1 WLR 362SummarySkelton v DBS Homes (Kings Hill) is a leading case in the law of property pertaining to the enforcement of restrictive covenants. The judgment by the Court of Appeal was essentially bas...
Read moreRead by(79)
Who is responsible for maintaining the property if the freeholder is absent?
If the freeholder of a leasehold property is absent or cannot be located, the responsibility for maintaining the property may fall on the leaseholders or a managing agent appointed by the leaseholders. In such cases, the specific responsibilities can vary depending o...
Read moreRead by(78)
What is 'LVC' or Land Value Capture as a tax in the UK land sales market?
Land value capture (LVC) involves capturing the increase in land value (as a tax) caused by public investment, planning decisions, or other factors and using this enhanced value to fund public infrastructure, affordable housing, or other community benefits.
Read moreRead by(78)
Which are the best areas to invest in real estate in Coventry?
Experts recommend investing in Westwood Heath, Earlsdon, Wainbody, Woodlands, Cheylesmor, and Whitmore Park.
Read moreRead by(78)
What are the key differences between coliving and student accommodation?
Coliving offers flexible stay durations, bundles rental prices, and amenities into one bill, and focuses on community-building. Student accommodation aligns with academic schedules, may have varied pricing structures, and prioritises services catering to student life...
Read moreRead by(76)
What is Ringley's London office opening times
Office hours are 9.30am to 5.30pm Monday to Thursday and 9.30a to 5pm on Friday
Read moreRead by(76)
What are the lease terms for BTR properties?
Lease terms for BTR properties can vary, but they typically range from 6 months to 3 years. Some offer flexible lease options. It allows renters to adjust their lease period based on their needs.
Read moreRead by(75)
What is the difference between a Contract Administrator and Project Manager
There is a distinction between Contract Administrator and Project Manager neither of whom can be responsible for the behaviour or conduct of the Contractor themselves. In short the Contract Administrator is principally concerned with (1) quality of works (2) opera...
Read moreRead by(74)
What is a Licence to Assign?
A Licence to Assign is in simplist for permission to sell the property in question. Licence to assign is granted by the Freeholder to the current Leaseholder. Where a lease requires a Licence to assign before the lease can be sold it would be a breach of lease to sel...
Read moreRead by(72)
Ask our Experts
What our customers are asking:
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.
Read More
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 ...
Read More
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 More
Whether the service charges claimed by the landlord were reasonable and recoverable under the lease.
Court of Appeal – [2020] UKUT 163 (LC) No. 1 West India Quay (Residential) Ltd Vs East Tower Apartments LtdSummaryThe case of No. 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2020] UKUT 163 (LC) is a service charge landlord and tenant dispute. The...
Read More
Where and how do you keep service charge monies? How are they administered and who receives any interest?
All client funds are held in interest-bearing client accounts administered in accordance with Royal Institution of Chartered Surveyors (RICS) Client Money Protection Scheme. All interest accrues to the leaseholders. All accounts are managed according to the RICS Code...
Read More
The case of Continental Property Ventures Inc v White was brought in regard to the enforceability of lease covenants and a landlord's right to forfeit a lease in relation to the breaches committed by a tenant.
Continental Property Ventures Inc v White [2006] 1 E.G.L.R. 85SummaryThe case of Continental Property Ventures Inc v White [2006] 1 E.G.L.R. 85 was brought in regard to the enforceability of lease covenants and a landlord's right to forfeit a lease in relation to the...
Read More
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 More
How do I challenge a leasehold service charge?
This is a common question amongst leaseholders who either feel they are being over charged or that they are not receiving value for money form their managing agent. In the first instance they need to write to the managing agent stating their concerns and if a satisfa...
Read More
15. What does an absent landlord insurance policy cover?
Absent landlord insurance policies typically provide coverage for situations where the landlord of a property is absent or untraceable. While the specific coverage can vary between insurance providers, here are some common aspects covered by absent landlord insurance...
Read More
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 More
What is the reserve fund and what can it be used for in leasehold property?
A reserve fund is a dedicated pot of cash that is used to cover the cost of repairs for a building owned by a number of leaseholders. Reserve funds are built towards future cyclical expenditure (such as the replacement of the lift of the re-covering of a roof and/or ...
Read More
How much of London's housing is on Airbnb? And what regulations are there?
According to Mayor Khan, there are 81,792 listings on Airbnb in London, with 50,401 of them offering entire properties for short-term stays. Airbnb pointed out that homes in London cannot be rented for over 90 days a year without proper planning permission. They wer...
Read More
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...
Read More
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...
Read More
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 More
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 More
What is the New Homes Ombudsman Service (NHOS)?
The New Homes Ombudsman Service is an independent body responsible for reviewing cases and resolving disputes related to breaches of the New Homes Quality Code (NHQC) in the UK's newly built private homes sector. It comes into being as part of The Building Safety Ac...
Read More
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...
Read More
What is commonhold? Commonhold for residential blocks of flats explained
Commonhold refers to a type of property ownership that was introduced by the Commonhold and Leasehold Reform Act 2002, but not made mandatory. It provides an alternative to leasehold ownership, which is the traditional form of property ownership for residential flats...
Read More
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...
Read More
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 ...
Read More
What is the construction of a restrictive covenant imposed on a parcel of residential property and how such a covenant would have affected future development?
Skelton v DBS Homes (Kings Hill) Ltd [2017] EWCA Civ 1139, [2018] 1 WLR 362SummarySkelton v DBS Homes (Kings Hill) is a leading case in the law of property pertaining to the enforcement of restrictive covenants. The judgment by the Court of Appeal was essentially bas...
Read More
Who is responsible for maintaining the property if the freeholder is absent?
If the freeholder of a leasehold property is absent or cannot be located, the responsibility for maintaining the property may fall on the leaseholders or a managing agent appointed by the leaseholders. In such cases, the specific responsibilities can vary depending o...
Read More
What is 'LVC' or Land Value Capture as a tax in the UK land sales market?
Land value capture (LVC) involves capturing the increase in land value (as a tax) caused by public investment, planning decisions, or other factors and using this enhanced value to fund public infrastructure, affordable housing, or other community benefits.
Read More
Which are the best areas to invest in real estate in Coventry?
Experts recommend investing in Westwood Heath, Earlsdon, Wainbody, Woodlands, Cheylesmor, and Whitmore Park.
Read More
What are the key differences between coliving and student accommodation?
Coliving offers flexible stay durations, bundles rental prices, and amenities into one bill, and focuses on community-building. Student accommodation aligns with academic schedules, may have varied pricing structures, and prioritises services catering to student life...
Read More
What is Ringley's London office opening times
Office hours are 9.30am to 5.30pm Monday to Thursday and 9.30a to 5pm on Friday
Read More
What are the lease terms for BTR properties?
Lease terms for BTR properties can vary, but they typically range from 6 months to 3 years. Some offer flexible lease options. It allows renters to adjust their lease period based on their needs.
Read More
What is the difference between a Contract Administrator and Project Manager
There is a distinction between Contract Administrator and Project Manager neither of whom can be responsible for the behaviour or conduct of the Contractor themselves. In short the Contract Administrator is principally concerned with (1) quality of works (2) opera...
Read More
What is a Licence to Assign?
A Licence to Assign is in simplist for permission to sell the property in question. Licence to assign is granted by the Freeholder to the current Leaseholder. Where a lease requires a Licence to assign before the lease can be sold it would be a breach of lease to sel...
Read More
