Ask from our Property Experts

What our customers are asking:

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.

Who claims under the Defective Premises Act?

The Defective Premises Act 1972 only covers “dwellings” which for residential blocks means that the apartments themselves are covered, but the common parts are not.  The Building Safety Bill will, however, introduce a new provision into the Defective Premises Ac...

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Which liabilities could a Building Liability Order be applied to?

A claimant can request a Building Liability Order when a claim is made under the Defective Premises Act 1972, section 38 of the Building Act 1984 or any other claim which is incurred as a result of a risk from fire spread or structural failure.

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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 App...

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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...

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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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What is a register of directors/members and shareholders?

This is a simply a register of who is control of the company i.e. the directors and should reflect the records held at Companies House as any appointments or resignations have to be referred to them by completing them a 288A form.

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What are dormant company accounts?

Dormant company accounts are simplified accounts that can be sumitted to companies house to fulfil the legal obligation to file annual accounts. In simplist form dormant company accounts for a non trading company comprise the balance sheet (statement of assets and li...

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In which area is the government lacking in this aspect?

The government needs to figure out how to implement the new policy. It has not been able to garner political support for the recent amendments.

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Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

Burr v OM Property Management Limited [2013] is a notable case in UK caselaw that involved a dispute between a leaseholder, Mrs. Burr, and the property management company, OM Property Management Limited. The case centered around the issue of service charges and the i...

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Time has elapsed, should we serve a new Section 20 Stage 1 notice or re-issue the old one?

It is always best practice to issue a new Section 20 notice, time tends to lead to a building dilapidating further and new works being required.  At the very least you should reissue the notice of intention with a letter of explanation.

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What is Build to Rent (BTR)?

·         Build to Rent (BTR) is a lifestyle phrase for purpose-built long-term rental property given by professional landlords in the United Kingdom, BTR is the UK equivalent of their multi-family sector“With nearly 1.74 milli...

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What are the ESG point scoring matrix to use when considering investing in real estate assets?

There are several ESG (Environmental, Social, and Governance) scoring frameworks and matrices available that can be used to evaluate the sustainability and social impact of real estate investments. Here are a few examples:1. GRESB Real Estate Assessment: This is one ...

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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...

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What are the factors or scoring criteria in MSCI (Morgan Stanley Capital International) ESG ratings?

MSCI ESG Ratings is a system that evaluates the environmental, social, and governance (ESG) performance of companies and real estate assets. MSCI stands for Morgan Stanley Capital International. MSCI is a global provider of investment decision support tools, includin...

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How do I serve a notice on my absent freeholder?

Serving notice on an absent freeholder can be challenging, but there are steps you can take to ensure proper notice is given. Here's a general guide on how to serve a notice on an absent freeholder:-    Conduct a thorough search: Make reasonable effort...

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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 proper...

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What are the responsibilities of an absent freeholder?

The responsibilities of an absent freeholder can vary depending on the specific circumstances, lease agreements, and local laws. However, some general responsibilities that an absent freeholder may have include:-    Collecting Ground Rent: The freehold...

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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 steps involved in taking over the management of a property with an absent freeholder?

Taking over the management of a property with an absent freeholder typically involves several steps. While the specific process may vary depending on the jurisdiction and the circumstances, here are some general steps to consider:-    Review Lease Docu...

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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 ...

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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.

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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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What is MEES?

MEES or Minimum Energy Efficiency Standards are regulations announced by the UK government, setting a minimum level of energy efficiency for privately rented non-domestic and domestic properties.  

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Whether the claimed service charge from its tenant is reasonable?

Holding & Management (Solitaire) Limited v Sherwin [2010] UKUT 412 (LC)SummaryThe case of Holding & Management (Solitaire) Limited v Sherwin [2010] UKUT 412 (LC) is a case in which the landlord, Holding & Management (Solitaire) Limited (H&M), claimed ...

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What are the housing options available in Salford?

Salford offers many housing options, including apartments, terraced houses, semi-detached houses, and larger family homes. Rental and purchase options are available across various neighborhoods in the city.

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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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Is there any caselaw of building owners being prosecuted for not removing flammable materials following EWS1 assessments?

It marks a historic moment, Newham becoming the first UK local authority to legally pursue a building owner for failing to remove flammable cladding, emphasising the council's commitment to resident safety.  The case is Newham Borough vs Chaplair Ltd, the develo...

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Who can be a director of a newly formed RTM company?

It is legally possible for the RTM to have one single director, but it's more common and effective for there to be between three and five directors, depending on the size of the block.

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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 Bui...

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Ask our Experts

What our customers are asking:

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.

Who claims under the Defective Premises Act?

Which liabilities could a Building Liability Order be applied to?

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

Where and how do you keep service charge monies? How are they administered and who receives any interest?

Are there any positives for landlords in the Bill?

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

What is a register of directors/members and shareholders?

What are dormant company accounts?

In which area is the government lacking in this aspect?

The government needs to figure out how to implement the new policy. It has not been able to garner political support for the recent amendments.

Why is the case of Burr V OM Property Management Limited [2013] important to the timing of invoicing utility bills as service charge?

Time has elapsed, should we serve a new Section 20 Stage 1 notice or re-issue the old one?

What is Build to Rent (BTR)?

What are the ESG point scoring matrix to use when considering investing in real estate assets?

15. What does an absent landlord insurance policy cover?

What are the factors or scoring criteria in MSCI (Morgan Stanley Capital International) ESG ratings?

How do I serve a notice on my absent freeholder?

How can I trace my missing freeholder?

What are the responsibilities of an absent freeholder?

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

What are the steps involved in taking over the management of a property with an absent freeholder?

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

What is 'LVC' or Land Value Capture as a tax in the UK land sales market?

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

What is MEES?

MEES or Minimum Energy Efficiency Standards are regulations announced by the UK government, setting a minimum level of energy efficiency for privately rented non-domestic and domestic properties.  

Whether the claimed service charge from its tenant is reasonable?

What are the housing options available in Salford?

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

Is there any caselaw of building owners being prosecuted for not removing flammable materials following EWS1 assessments?

Who can be a director of a newly formed RTM company?

It is legally possible for the RTM to have one single director, but it's more common and effective for there to be between three and five directors, depending on the size of the block.