What our customers are asking:
What are the legal tests under the Defective Premises Act?
To succeed in such a claim, a claimant must show in particular that the defects being complained of render the dwelling or building ‘unfit for habitation’.This ‘unfit for habitation’ test is a relatively high hurdle to surmount and the test has not to date really bee...
Read more
Read by(60)
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. ...
Read moreRead by(59)
What is the average age of first-time homebuyers in the UK?
The average age of the UK's first-time homebuyer is 45 years
Read moreRead by(58)
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.
Read moreRead by(57)
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...
Read moreRead by(56)
Questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders.
Riverpoint, High St, Waltham Cross EN8 7JASummaryThe dispute involves questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders. Said case was originally filed in the First-tier Tribunal (Property Chamber) and th...
Read moreRead by(56)
Is the ground rents ban retroactive?
No, the ground rents ban is not retroactive. It does not impact ground rents already being charged under existing leases. The Leasehold Reform (Ground Rent) Act 2022 banned ground rents for residential apartments with effect on June 30, 2022, except for retirement h...
Read moreRead by(54)
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 ...
Read moreRead by(54)
Who is considered an absent freeholder?
An absent freeholder refers to the legal owner or landlord of a property who is not actively involved or available in the management or maintenance of the property. There is no specific definition of who is considered an absent freeholder, as it can vary depending on...
Read moreRead by(53)
What does the rent reform bill propose?
The Private Rental Reform bill will include measures to support private landlords for out-of-court settlement of disputes. A Private Renter's Ombudsman will have powers to reduce legal disputes and costs. An online platform to help landlords access the necessary info...
Read moreRead by(53)
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...
Read moreRead by(53)
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 ...
Read moreRead by(53)
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...
Read moreRead by(53)
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.
Read moreRead by(53)
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 million homeowners expected to reside in BTR ...
Read moreRead by(53)
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...
Read moreRead by(52)
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 ...
Read moreRead by(52)
What is the case with an alleged breach of contract?
Veba Oil Supply & Trading GmbH v Petrotrade Inc [2001] EWCA Civ 1832; [2002] 1 Lloyd's Rep. 295SummaryThe case of Veba Oil Supply & Trading GmbH v Petrotrade Inc unfolds a claim before the court concerning an alleged breach of contract in a contractual agreem...
Read moreRead by(51)
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 ...
Read moreRead by(51)
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...
Read moreRead by(51)
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.
Read moreRead by(51)
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...
Read moreRead by(50)
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...
Read moreRead by(49)
New Construction Product Course of Action Background The government has made it clear that those who have been responsible and continue to be responsible for building safety defects have a responsibility to rectify. There are currently almost no routes which allow construction product manufacturers to be held accountable for their role in the creation of building safety risks that cause or contribute to a dwelling being unfit for habitation. What are we going to do?
We are introducing a new course of action that will enable claims to be brought against construction product manufacturers and sellers for their role in causing problems associated with building safety. It will apply if a product has been mis-sold, is found to be inh...
Read moreRead by(49)
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 ...
Read moreRead by(49)
What is an Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
Read moreRead by(49)
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...
Read moreRead by(49)
What is the role of the Building Safety Regulator?
The Building Safety Regulator (BSR) supervises all buildings' safety and performance systems. They enforce regulations, advice on building standards and safety risks, promote increased competence in the industry, and ensure the implementation of the regulatory regime...
Read moreRead by(49)
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...
Read moreRead by(48)
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.
Read moreRead by(48)
Ask our Experts
What our customers are asking:
What are the legal tests under the Defective Premises Act?
To succeed in such a claim, a claimant must show in particular that the defects being complained of render the dwelling or building ‘unfit for habitation’.This ‘unfit for habitation’ test is a relatively high hurdle to surmount and the test has not to date really bee...
Read More
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. ...
Read More
What is the average age of first-time homebuyers in the UK?
The average age of the UK's first-time homebuyer is 45 years
Read More
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.
Read More
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...
Read More
Questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders.
Riverpoint, High St, Waltham Cross EN8 7JASummaryThe dispute involves questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders. Said case was originally filed in the First-tier Tribunal (Property Chamber) and th...
Read More
Is the ground rents ban retroactive?
No, the ground rents ban is not retroactive. It does not impact ground rents already being charged under existing leases. The Leasehold Reform (Ground Rent) Act 2022 banned ground rents for residential apartments with effect on June 30, 2022, except for retirement h...
Read More
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 ...
Read More
Who is considered an absent freeholder?
An absent freeholder refers to the legal owner or landlord of a property who is not actively involved or available in the management or maintenance of the property. There is no specific definition of who is considered an absent freeholder, as it can vary depending on...
Read More
What does the rent reform bill propose?
The Private Rental Reform bill will include measures to support private landlords for out-of-court settlement of disputes. A Private Renter's Ombudsman will have powers to reduce legal disputes and costs. An online platform to help landlords access the necessary info...
Read More
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...
Read More
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 ...
Read More
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...
Read More
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.
Read More
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 million homeowners expected to reside in BTR ...
Read More
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...
Read More
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 ...
Read More
What is the case with an alleged breach of contract?
Veba Oil Supply & Trading GmbH v Petrotrade Inc [2001] EWCA Civ 1832; [2002] 1 Lloyd's Rep. 295SummaryThe case of Veba Oil Supply & Trading GmbH v Petrotrade Inc unfolds a claim before the court concerning an alleged breach of contract in a contractual agreem...
Read More
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 ...
Read More
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...
Read More
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.
Read More
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...
Read More
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...
Read More
New Construction Product Course of Action Background The government has made it clear that those who have been responsible and continue to be responsible for building safety defects have a responsibility to rectify. There are currently almost no routes which allow construction product manufacturers to be held accountable for their role in the creation of building safety risks that cause or contribute to a dwelling being unfit for habitation. What are we going to do?
We are introducing a new course of action that will enable claims to be brought against construction product manufacturers and sellers for their role in causing problems associated with building safety. It will apply if a product has been mis-sold, is found to be inh...
Read More
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 ...
Read More
What is an Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
Read More
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...
Read More
What is the role of the Building Safety Regulator?
The Building Safety Regulator (BSR) supervises all buildings' safety and performance systems. They enforce regulations, advice on building standards and safety risks, promote increased competence in the industry, and ensure the implementation of the regulatory regime...
Read More
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...
Read More
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.
Read More
