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Selective Landlord Licensing: When should landlords apply for a licence?

Owners of properties that fall into the Selective Landlord Licencing compliance criteria must apply for a licence as soon as the scheme begins. If they do not apply, it may result in prosecution and an unlimited fine.

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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...

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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 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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Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.

Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC)SummaryBackground Facts Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC) is a case of a dispute relation to the reasonableness of service charges and the obligat...

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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...

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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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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...

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What are the autumn 2022 budget changes for much Capital Gains Tax and CGT exemption levels?

The capital gains tax reduction from April 2023 will bring the annual exemption to 6,000 from the present 12,300. It will further reduce to 3,000 from April 2024 onwards. Indexation naturally still applies. Pundits argue some will consider selling land and property...

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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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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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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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What are the standard amenities in an apartment building?

Water and electricity supply, drainage system, open spaces, terraces, parking lots, and recreational grounds are standard amenities in an apartment building.

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Do we need to continue to run two companies (the freehold company and the right to manage company? We also have a residents association do we need this also? Can they be merged together? And, do we still need to run 2 AGM's?

Post the Companies Act 2006 need to run an AGM for any company UNLESS the Memorandum & Articles of Association specifically require you to do so companies or 1? The answer is that 1 company has to consume the other and here lies your problem. Your Freehold compan...

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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...

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How can a self-service portal help property managers?

A self-service portal provides the convenience of 24/7 accessibility to resident services and improves customer satisfaction. Happy customers are sure to recommend the property to others through positive reviews.

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Where is Ringley located ?

Headquartered in London with offices in Manchester and Cardiff, and circa 70 staff out on site covering assets nationwide, Ringley's UK-wide portfolio comprises over 13,000 homes of mixed tenures. Ringley is a residential real estate-focused company that works with i...

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What are debentures?

A debenture is statement of a sum loaned to the company and how it will be paid back. Debentures may also impose a 'floating charge' over the assets of the company or a fixed charge. A copy of any debenture must be kept at the Registered Office. A copy must be sent t...

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Which are the best places to live in Manchester?

Some current hot spots for living in Manchester are Levenshulme, Chorlton, Deansgate, Salford Quays, and Castlefield, among others.

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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...

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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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What is the difference between a freehold and a leasehold property?

The main difference between a freehold and a leasehold property lies in the ownership rights and duration of ownership:- Freehold Property: When you own a freehold property, you have complete ownership of both the building and the land it stands on. You hold the p...

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What key aspects of the Renters Reform Bill might have been enacted earlier?

Early enactments may include regulations for annual rent increases, the right for renters to challenge excessive rent hikes, simplified eviction processes for nuisance tenants, and new grounds for repossession for landlords.

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What are the factors or scoring criteria in GRESB (Global Real Estate Sustainability Benchmark)?

GRESB (Global Real Estate Sustainability Benchmark) evaluates the sustainability performance of real estate portfolios and assets based on a range of environmental, social, and governance (ESG) factors. The scoring criteria for GRESB is broken down into two main comp...

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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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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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I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

The answer on CDM is The CDM Regulations deal with the management of health and safety and they place duties on clients, planning supervisors, designers and contractors to plan, coordinate and manage health and safety throughout all stages of the construction project...

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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 eligibility criteria for the right to buy?

The person who wants to exercise the right to buy should be a public sector tenant for three years.

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Are there any positives for landlords in the Bill?

Yes, there are many, and the second reading has listed quite a few.

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Ask our Experts

What our customers are asking:

Selective Landlord Licensing: When should landlords apply for a licence?

What is the New Homes Ombudsman Service (NHOS)?

Can the lease be terminated if the freeholder is absent?

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

Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.

What is commonhold? Commonhold for residential blocks of flats explained

What are the problems with absent freeholders?

Who is responsible for maintaining the property if the freeholder is absent?

What are the autumn 2022 budget changes for much Capital Gains Tax and CGT exemption levels?

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

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

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

What are the standard amenities in an apartment building?

Water and electricity supply, drainage system, open spaces, terraces, parking lots, and recreational grounds are standard amenities in an apartment building.

Do we need to continue to run two companies (the freehold company and the right to manage company? We also have a residents association do we need this also? Can they be merged together? And, do we still need to run 2 AGM's?

Whether the service charges claimed by the landlord were reasonable and recoverable under the lease.

How can a self-service portal help property managers?

Where is Ringley located ?

What are debentures?

Which are the best places to live in Manchester?

Some current hot spots for living in Manchester are Levenshulme, Chorlton, Deansgate, Salford Quays, and Castlefield, among others.

What are the key differences between coliving and student accommodation?

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

What is the difference between a freehold and a leasehold property?

What key aspects of the Renters Reform Bill might have been enacted earlier?

What are the factors or scoring criteria in GRESB (Global Real Estate Sustainability Benchmark)?

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

When can a company be dormant?

I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?

What is an annual return?

What are the eligibility criteria for the right to buy?

The person who wants to exercise the right to buy should be a public sector tenant for three years.

Are there any positives for landlords in the Bill?

Yes, there are many, and the second reading has listed quite a few.