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What our customers are asking:

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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What are the problems with absent freeholders?

The presence of an absent freeholder can lead to several problems and challenges for leaseholders and the management of the property. Some of the common problems associated with absent freeholders include:- Lack of maintenance and repairs: An absent freeholder may...

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What is an EWS1 Survey?

EWS1 (External Wall Fire Review) is a form of assessment used in the UK to evaluate the fire safety of external walls of high-rise residential buildings. It was introduced in the aftermath of the Grenfell Tower fire in 2017, which highlighted serious safety concerns ...

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How do you get a freehold from an absent landlord?

Obtaining the freehold from an absent landlord can be a complex process, but it is possible under certain circumstances. Here are some potential steps that can be taken:- Investigate the lease: Review the terms of the lease agreement to determine if there are any ...

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What does a Chartered Surveyor do?

Building surveying excellence requires understanding the age of a property, intricate knowledge of how it was built and to trace typical defects likely to arise from the era it was built. We call this following the trail of suspicion and is what our experienced team ...

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How is a Court Appointed Manager different from a regular property manager?

A Court Appointed Manager and a regular property manager differ in their appointment process, scope of authority, and the circumstances under which they are involved. Here are some key differences:- Appointment Process: A Court Appointed Manager is appointed by a ...

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We achieved our RTM 1st and run the block through a RTM company, we have since bought the Freehold and have a Freehold company as well and would like to simplify things. The problem being, 1 leaseholder is a member of the RTM company only and a Director

There is little point having 2 companies on a small site such as this as the accountancy costs of preparing service charge accounts for the RTM company and 2 sets of dormant company accounts for both the RTM and Freehold Company is dis-proportionate to the benefits. ...

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What is the result of a landlord tenant conflict based on service charges and the management of a residential property.

Selwyn-Smith v Gompels (2009)SummarySelwyn-Smith v Gompels (2009) is a case derived as a result of a landlord tenant conflict based on service charges and the management of a residential property. The lease among the residential short-hold tenant, originally given by...

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why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

The case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in the context of property law.In this case, the defendant Leon Di Marco was accused of...

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What does The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) deal?

The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) is a notable legal case that deals with the reasonableness of service charges in leasehold properties and the interpretation and application of relevant lease terms.In this case, Po...

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2. What are alternative options for RTM for property management?

Sending a Section 22 notice to landlords asking them to fix problems, approaching a tribunal to appoint a new manager, and forming a Tenant's Association are a few alternatives for the Right to Manage.

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What is taxed for Inheritance Tax?

The deceased's estate comprises all valuable assets, such as shares, investments, jewelry, insurance policies, gifts, and property.

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Can the lease be terminated if the freeholder is absent?

The termination of a lease due to the absence of a freeholder is a complex legal matter that depends on various factors, including the specific terms of the lease agreement and the laws of the jurisdiction in which the property is located. Generally, the absence of a...

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What is block management?

Block management can often be confused with AST (Assured Shorthold Tenancy) for individual flats. The former is a highly specialised and regulated area whereby the 'managing agent' is appointed by residents or developers to undertake the duties of managing he fabrick...

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how does the case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties?

The case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case that deals with the interpretation and application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties.Re...

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What is the leading case law on lease breaches and RTM Companies?

The 2023 case of Eastpoint Block, an RTM Company Limited v Otubaga, focused on the authority of a Right to Manage (RTM) company to seek a lease breach determination under Section 168 of the Commonhold and Leasehold Reform Act 2002 (CLRA). This Court of Appeal decisi...

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Which was the first Build to rent project?

The pilot BTR project was in Stratford at the Olympic village when temporary accommodate wrens for athletes were converted into professionally managed rental homes.

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why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

The case of Lurcott v Wakely [1911] is a significant decision in UK caselaw that deals with the concept of vicarious liability in the context of employer-employee relationships.The case involved Mr. Wakely, a farmer, who employed Mr. Hirons to carry out work on his f...

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What is an annual return?

An annual return is the name used for Form 363 that is required to be submitted to Companies House annually to register the directors, company secretary and shareholders of the company on the anniversary of the date the company was created. This is a requirement for ...

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What are the later living design and planning requirements?

Use class C2 Retirement village.A later living village feel with a housing mix of generously sized 1 and 2 bed apartments.5,000 to 7,500sqft of lounge, amenity and clubroom space.24 hour staffing to provide assistance but not care, and to facilitate the programme of ...

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Should a Management Company hold service charges and reserve funds in the same account?

The landlord or management company should hold reserve funds in a separate account, attracting a better interest rate.

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Should VAT be added to building reinstatement valuations: caselaw?

Brian White is challenging FirstPort's insurance costs, alleging that the capital value of a block in Hollin Bank Court in Blackburn is unreasonably increased due to the inclusion of VAT. White contends that the rebuild cost of the property should be 13.5 million in...

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Absent freeholder? You should buy the property lease?

If the freeholder of a property is absent or unresponsive, it may be an opportunity to consider purchasing the property lease. However, before making such a decision, it is essential to thoroughly assess the situation and consider the following factors:- Legal imp...

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1. What are the criteria for the creation of RTM?

The required minimum number of qualifying tenants must be equal to at least half of the total number of flats in the building. The RTM act allows a landlord to become a member because of their interest in the property. A landlord cannot become a director of the RTM ...

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Do we have to hold AGMs?

It is possible to de-regulate a resident management company so that AGM's are not held. Even if the 1989 Companies Act de-regulation package is adopted any leaseholder can call an Extraordinary General Meeting EGM to discuss any business that would otherwise be discu...

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What Is Infrastructure Levy?

Infrastructure Levy is a non-negotiable local tax to ensure developers pay their part of the share towards infrastructure that communities need.

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Reasonableness of service charges and the obligations of the landlord or the management company under any specified lease agreement.

Morshead Mansions Ltd v Leon di Marco [2014] EWCA Civ 96SummaryThe case of Morshead Mansions Ltd v Leon di Marco [2014] EWCA Civ 96 is a landmark judgment by the Court of Appeal of England that has deliberated upon issues regarding residential service charges and the...

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This is the case in which the validity and reasonableness of service charge sought by OM Property Management Ltd from Mrs Burr, a leaseholder

OM Property Management Ltd v Burr [2013] EWCA Civ 479SummaryThis is the case in which the validity and reasonableness of service charge sought by OM Property Management Ltd from Mrs Burr, a leaseholder, brought in OM Property Management Ltd v Burr [2013] EWCA Civ 479...

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When can a company be dormant?

A company can be dormant when it does not trade. In a property context definition not trading is that ground rent is not received, no assets are bought or sold and that no interest is received to the company as principle. As the SMSU operates your management company ...

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How does the The Leasehold and Freehold Reform Bill impact new leasehold properties?

The Bill prohibits the creation of new leasehold houses in England and Wales while exempting new leaseholds on flats.

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Ask our Experts

What our customers are asking:

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.

What are the problems with absent freeholders?

What is an EWS1 Survey?

How do you get a freehold from an absent landlord?

What does a Chartered Surveyor do?

How is a Court Appointed Manager different from a regular property manager?

We achieved our RTM 1st and run the block through a RTM company, we have since bought the Freehold and have a Freehold company as well and would like to simplify things. The problem being, 1 leaseholder is a member of the RTM company only and a Director

What is the result of a landlord tenant conflict based on service charges and the management of a residential property.

why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

What does The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) deal?

2. What are alternative options for RTM for property management?

What is taxed for Inheritance Tax?

The deceased's estate comprises all valuable assets, such as shares, investments, jewelry, insurance policies, gifts, and property.

Can the lease be terminated if the freeholder is absent?

What is block management?

how does the case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties?

What is the leading case law on lease breaches and RTM Companies?

Which was the first Build to rent project?

The pilot BTR project was in Stratford at the Olympic village when temporary accommodate wrens for athletes were converted into professionally managed rental homes.

why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

What is an annual return?

What are the later living design and planning requirements?

Should a Management Company hold service charges and reserve funds in the same account?

The landlord or management company should hold reserve funds in a separate account, attracting a better interest rate.

Should VAT be added to building reinstatement valuations: caselaw?

Absent freeholder? You should buy the property lease?

1. What are the criteria for the creation of RTM?

Do we have to hold AGMs?

What Is Infrastructure Levy?

Infrastructure Levy is a non-negotiable local tax to ensure developers pay their part of the share towards infrastructure that communities need.

Reasonableness of service charges and the obligations of the landlord or the management company under any specified lease agreement.

This is the case in which the validity and reasonableness of service charge sought by OM Property Management Ltd from Mrs Burr, a leaseholder

When can a company be dormant?

How does the The Leasehold and Freehold Reform Bill impact new leasehold properties?

The Bill prohibits the creation of new leasehold houses in England and Wales while exempting new leaseholds on flats.

Ask from our Property Experts

What our customers are asking:

What our customers are asking:

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

What are the problems with absent freeholders?

What is an EWS1 Survey?

How do you get a freehold from an absent landlord?

What does a Chartered Surveyor do?

How is a Court Appointed Manager different from a regular property manager?

We achieved our RTM 1st and run the block through a RTM company, we have since bought the Freehold and have a Freehold company as well and would like to simplify things. The problem being, 1 leaseholder is a member of the RTM company only and a Director

What is the result of a landlord tenant conflict based on service charges and the management of a residential property.

why is the case of Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

What does The case of Poynders Court Limited v GLS Property Management Ltd [2012] UKUT 339 (LC) deal?

2. What are alternative options for RTM for property management?

What is taxed for Inheritance Tax?

Can the lease be terminated if the freeholder is absent?

What is block management?

how does the case of Iperion Investments Corp. v Broadwalk House Residents Ltd [1995] 2 EGLR 47 is a notable legal case application of restrictive covenants and the rights and obligations of parties in relation to leasehold properties?

What is the leading case law on lease breaches and RTM Companies?

Which was the first Build to rent project?

why is the case of Lurcott vs wakely deal with the concept of vicarious liability in the context of employer-employee relationships?

What is an annual return?

What are the later living design and planning requirements?

Should a Management Company hold service charges and reserve funds in the same account?

Should VAT be added to building reinstatement valuations: caselaw?

Absent freeholder? You should buy the property lease?

1. What are the criteria for the creation of RTM?

Do we have to hold AGMs?

What Is Infrastructure Levy?

Reasonableness of service charges and the obligations of the landlord or the management company under any specified lease agreement.

This is the case in which the validity and reasonableness of service charge sought by OM Property Management Ltd from Mrs Burr, a leaseholder

When can a company be dormant?

How does the The Leasehold and Freehold Reform Bill impact new leasehold properties?

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