Ask from our Property Experts

What our customers are asking:

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 by(52)

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 by(51)

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 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 by(51)

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 by(50)

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 ...

Read by(50)

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 by(50)

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 by(47)

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 by(47)

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 by(47)

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 by(46)

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 by(46)

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 by(46)

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 by(45)

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 by(44)

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 by(44)

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 by(44)

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 by(44)

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 by(44)

Is there a legal basis of a "right to light" that may be blocked by adjacent trees? We are a small development of 22 flats set in what was the copse of the Old Manor House in Bedhampton, Havant. Our grounds are surrounded on two side by trees both in our grounds and outside our boundary which act as a barrier from the road for us and is part of the street scene outside. The majority of the trees in our grounds are subject to Tree Preservation Orders and every couple of years or so we apply to our local authority for planning permission to maintain the trees. A few years ago the area in which we live was designated a Conservation area so now we not only have to apply for planning consent to have tree works on the trees covered by TPO's we also have to apply for any tree work under the Conservation Order. We have four blocks, three of two floors, ground and first, and one block which is in the wooded area of our grounds, has three floors, ground first and second. The leaseholders who live on the top floor of this block have asked for the trees surrounding them to be reduced in height to allow more light into there apartments. Our local authority trees officer is of the view that the trees are healthy and form part of the conservation area/character and street scene and are not in need of reduction. The tree officer maintains the "right to light" is a factor that does not come into the decision making when considering application for reducing trees.

I know of no law that gives a legal right to light (where obstructed by trees) and can't possibly conceive there would be such a law If there were no doubt the councils would all be bankrupt from paying out !! there are rights enabling an owner to cut back parts of a...

Read by(43)

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 by(43)

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 by(42)

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 by(42)

Who is responsible for the cost of remedial works?

While the inspection cost is a service charge, the responsibility and cost for remedial works lie with the apartment's owner.

Read by(42)

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 ...

Read by(42)

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...

Read by(41)

Whether or not the lessor, Sella House Ltd, can enforce the covenants upon restricting his activities or conduct concerning the property without his previous permission.

The dispute in the case of Sella House Ltd v Mears (1989) was founded on the enforceability of a covenant in the lease. This produces the substantive question in point: whether or not the lessor, Sella House Ltd, can enforce the covenants upon restricting his activit...

Read by(41)

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...

Read by(41)

What is an Extraordinary Resolution?

An example of an Extraordinary resolution would be a resolution to wind up the Company.

Read by(41)

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 by(41)

Ask our Experts

What our customers are asking:

Questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders.

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 can a self-service portal help property managers?

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.

What does the rent reform bill propose?

How do you get a freehold from an absent landlord?

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 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 does a Chartered Surveyor do?

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

What is block management?

Can the lease be terminated if the freeholder is absent?

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

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

Who is considered an absent freeholder?

Do we have to hold AGMs?

What is an annual return?

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

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

Is there a legal basis of a "right to light" that may be blocked by adjacent trees? We are a small development of 22 flats set in what was the copse of the Old Manor House in Bedhampton, Havant. Our grounds are surrounded on two side by trees both in our grounds and outside our boundary which act as a barrier from the road for us and is part of the street scene outside. The majority of the trees in our grounds are subject to Tree Preservation Orders and every couple of years or so we apply to our local authority for planning permission to maintain the trees. A few years ago the area in which we live was designated a Conservation area so now we not only have to apply for planning consent to have tree works on the trees covered by TPO's we also have to apply for any tree work under the Conservation Order. We have four blocks, three of two floors, ground and first, and one block which is in the wooded area of our grounds, has three floors, ground first and second. The leaseholders who live on the top floor of this block have asked for the trees surrounding them to be reduced in height to allow more light into there apartments. Our local authority trees officer is of the view that the trees are healthy and form part of the conservation area/character and street scene and are not in need of reduction. The tree officer maintains the "right to light" is a factor that does not come into the decision making when considering application for reducing trees.

When can a company be dormant?

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

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

Who is responsible for the cost of remedial works?

While the inspection cost is a service charge, the responsibility and cost for remedial works lie with the apartment's owner.

What are the later living design and planning requirements?

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?

Whether or not the lessor, Sella House Ltd, can enforce the covenants upon restricting his activities or conduct concerning the property without his previous permission.

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

What is an Extraordinary Resolution?

An example of an Extraordinary resolution would be a resolution to wind up the Company.

Ask from our Property Experts

What our customers are asking:

What our customers are asking:

Questions of the reasonableness and quantum of service charges paid in relation to a freeholder and leaseholders.

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 can a self-service portal help property managers?

Which was the first Build to rent project?

What does the rent reform bill propose?

How do you get a freehold from an absent landlord?

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

What does a Chartered Surveyor do?

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

What is block management?

Can the lease be terminated if the freeholder is absent?

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

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

Who is considered an absent freeholder?

Do we have to hold AGMs?

What is an annual return?

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

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

When can a company be dormant?

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

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

Who is responsible for the cost of remedial works?

What are the later living design and planning requirements?

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?

Whether or not the lessor, Sella House Ltd, can enforce the covenants upon restricting his activities or conduct concerning the property without his previous permission.

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

What is an Extraordinary Resolution?

What is Build to Rent (BTR)?

Insights, articles & blogs