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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...

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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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How do you conduct an asset valuation?

The company needs to look at its balance sheet and identify tangible and intangible assets.From the total assets, deduct the total value of the intangible assets.From what is left, deduct the total value of the liabilities.

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When did the Government end the four-year freeze on Housing Benefit or Local Housing Allowance (LHA) rates?

The freeze on LHA rates was lifted on January 31, 2024 when the new rates for 2024-25 were officially announced. Thr purpose being to address the growing disparity between rental costs and housing benefits.

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what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

Firstport Property Services Limited v The Various Long Leaseholders of Citiscape, commonly referred to as "The Tenants," is a notable case that revolves around the issue of who is responsible for the costs of replacing dangerous cladding on a residential building. Th...

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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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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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How did previous court decisions, like Windermere and Oliver, influence property law in the UK?

Windermere Marina Village v Wild and Oliver v Sheffield City Council were landmark cases that broadened the interpretation of section 27A (6), making provisions that allowed landlords to define "fair and reasonable" service charge proportions void. These cases laid t...

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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...

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What is a freehold title in UK law?

Freehold is absolute ownership of the property, including the land it stands on. Whereas leasehold is the right to a demised property for a term of years. In a freehold leasehold scenario, unless there is a management company or right-to-manage the company in existe...

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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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The case mainly concerns the rights arising under a property agreement and the rights of the recalcitrant parties in the question under the law of English property.

Mrs. Adrienne Joan Ralphs -vs- Mr. Henry Charles PeacheySummaryThe following is a case on the enforcement of property agreement and property rights and interests. The case mainly concerns the rights arising under a property agreement and the rights of the recalcitran...

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Why would we want to appoint a manager for our building?

There are several reasons why you might want to consider appointing a manager for your building:- Professional Expertise: A qualified and experienced property manager can bring valuable expertise in managing the day-to-day operations of the building. They can hand...

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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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why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

The case of BDW Trading Ltd v South Anglia Housing Ltd is a notable legal case that deals with the interpretation and enforcement of a contract for the sale of land and the consequences of a breach of contract.In this case, BDW Trading Ltd (the claimant) and South An...

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Are social landlords also required to meet the EPC C target by 2030?

Although social landlords are encouraged to improve energy efficiency, the 2030 EPC C target has not been mandated yet for social landlords. That said, both the Conservative government and now the Labour government have set aside money via the Social Housing Decarbo...

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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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What are the current and proposed EPC requirements in the UK?

A minimum EPC rating of E is mandatory for all rented homes in England and Wales. All tenancies in Scotland should have a minimum EPC rating of D. By 2025, the proposed minimum EPC rating of C will be mandatory while letting properties.

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What is ground rent?

As a legal term, ground rent specifically refers to regular payments made by a holder of a leasehold property to the freeholder or a superior leaseholder, as required under a lease. As a lease is 'demised' to the leasehold owner for a term of years, rather than owne...

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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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how does The case of Plantation Wharf Management Co Ltd v Jackson deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

The case of Plantation Wharf Management Co Ltd v Jackson and Another is a notable legal case that deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties.In this case, Plantation Wharf Management Co Ltd (the claimant...

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I’m happy to host the AGM in my property. Is this possible?

What a lovely idea, just suggest this to your Property Manager.

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What are the Causes of Absent Freeholder?

There can be several causes for an absent freeholder. Here are some common reasons why a freeholder might be absent:- Relocation or change of contact information: The freeholder may have moved or changed their contact information without providing updated details ...

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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 are the advantages of Planet Rent?

Opportunity for marketing propertiesPublish properties to the Planet Rent.co.uk portal for FREE,The cloud stores the marketing assets (photos, floorplans, EPCs)Provides links to publish properties to major portals (Zoopla & RightMove),Landlords can set up their l...

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What changes have been made to the capital gains tax rules?

In the budget of October 2022, the UK government announced that capital gains tax allowance is being reduced by 50 percent. They apply to profits made from selling or disposing of an asset like a buy-to-let property or other asset of value.

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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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Are the 2022 UK rent freeze and rent caps in the UK applicable to all UK renters?

No, only those on housing benefits will be affected by the Local Housing Allowance rent frees and only those in the social rented homes sector will be affected by the seven percent rent cap - both announced in Jeremy Hunts Autumn 2022 announcement.

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What happens if our absent freeholder subsequently turns up and claims ownership of the building?

If an absent freeholder suddenly reappears and claims ownership of a building after a vesting order or any other action has been taken, the situation can become legally complex. Here's a general overview of what might happen in such a scenario:- Legal challenge: T...

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My balcony wall has crumbled away and part fallen down, its been 3 months now and they haven done anything about it, is this something I can claim of my Buildings insurance for ? not likely, sounds like due to disrepair.

In theory you should be threatening the management company with action for breach of covenant and getting them to make the repairs. Best to check your lease 1st to see if it is the freeholder's or management companies responsibility to do the repairs, or whether your...

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Ask our Experts

What our customers are asking:

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.

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

How do you conduct an asset valuation?

When did the Government end the four-year freeze on Housing Benefit or Local Housing Allowance (LHA) rates?

what does the Firstport Property Services Limited v The Various Long Leaseholders of Citiscape revolve around?

When can a company be dormant?

What is an annual return?

How did previous court decisions, like Windermere and Oliver, influence property law in the UK?

What is the case with an alleged breach of contract?

What is a freehold title in UK law?

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

The case mainly concerns the rights arising under a property agreement and the rights of the recalcitrant parties in the question under the law of English property.

Why would we want to appoint a manager for our building?

What is block management?

why does The case of BDW Trading Ltd v South Anglia Housing Ltd enforcement a contract for the sale of land?

Are social landlords also required to meet the EPC C target by 2030?

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.

What are the current and proposed EPC requirements in the UK?

What is ground rent?

Do we have to hold AGMs?

how does The case of Plantation Wharf Management Co Ltd v Jackson deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

I’m happy to host the AGM in my property. Is this possible?

What a lovely idea, just suggest this to your Property Manager.

What are the Causes of Absent Freeholder?

How do you get a freehold from an absent landlord?

What are the advantages of Planet Rent?

What changes have been made to the capital gains tax rules?

Are there any positives for landlords in the Bill?

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

Are the 2022 UK rent freeze and rent caps in the UK applicable to all UK renters?

What happens if our absent freeholder subsequently turns up and claims ownership of the building?

My balcony wall has crumbled away and part fallen down, its been 3 months now and they haven done anything about it, is this something I can claim of my Buildings insurance for ? not likely, sounds like due to disrepair.