What our customers are asking:
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(18)
What powers does a court-appointed manager have?
A court-appointed manager, also known as a court-appointed receiver or property manager, is granted certain powers and responsibilities by the court to oversee the management of a property. The specific powers may vary depending on the jurisdiction and the terms of t...
Read moreRead by(17)
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(17)
Does asbestos affect property value?
An Asbestos survey assesses a building to find asbestos containing materials and to assess the risk to persons living or working in the building. The Surveyor will consider the risks in view of the building’s construction or build type, building age as well as modifi...
Read moreRead by(17)
How long does a full survey take?
Typically, a building survey inspection will take a Chartered Building Surveyor 3-6 hours on site for a typical 3 bed house, and for larger properties the inspection may be carried out over a couple of days.
Read moreRead by(17)
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(17)
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.
Read moreRead by(17)
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...
Read moreRead by(17)
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 moreRead by(16)
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(16)
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 ...
Read moreRead by(16)
Should VAT be added to building reinstatement valuations: caselaw?
Brian White is challenging FirstPort's insurance costs, alleging that the capital value of a block in Hollin Bank Court in Blackburn is unreasonably increased due to the inclusion of VAT. White contends that the rebuild cost of the property should be 13.5 million in...
Read moreRead by(16)
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...
Read moreRead by(16)
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(16)
What is an Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
Read moreRead by(16)
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...
Read moreRead by(16)
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 moreRead by(16)
How many empty homes are there in the UK; government figures?
The latest figures (2022) show a huge increase in the number of long-term empty homes across every region in the UK. Government figures released in November 2022, show the number of long-term empty homes has risen by around 20,000 compared to last year. The number o...
Read moreRead by(16)
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...
Read moreRead by(15)
Extending lease with absent freeholder
Extending a lease with an absent freeholder can be more challenging than when the freeholder is actively involved. However, leaseholders still have options to extend their lease even in the absence of the freeholder. Here are some considerations:- Determine lease ...
Read moreRead by(15)
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.
Read moreRead by(15)
What Is Infrastructure Levy?
Infrastructure Levy is a non-negotiable local tax to ensure developers pay their part of the share towards infrastructure that communities need.
Read moreRead by(15)
Is a Defective Premises Act claim better than a breach of contract claim?
Unlike, breach of contract claims (where claims are limited to original 1st buyers who bought directly from the developer only), one of the advantages of claims under the Is a Defective Premises Act 1972 is that the claimants (be they leaseholders or freeholders) do ...
Read moreRead by(15)
What is a coworking space?
A coworking space is a designated workspace where individuals from different professions or organizations work together in a shared environment.
Read moreRead by(15)
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(15)
What is a special resolution?
A Special resolution would be required for any change to the Company Memorandum and Articles of Association. Such motions must be passed by a 75% majority.
Read moreRead by(15)
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(15)
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.
Read moreRead by(15)
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.
Read moreRead by(15)
What are interpretations involving lease provisions and rights of the landlord and the tenant of their capacity to have their say on the lease renewals?
Pole Properties Limited v Feinberg [1982] 43 P&CR 121 (Court of Appeal)SummaryIn the matter Pole Properties Limited v Feinberg [1982] 43 P&CR 121, the courts had summed interpretations involving lease provisions and rights of the landlord and the tenant of th...
Read moreRead by(15)
Ask our Experts
What our customers are asking:
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 powers does a court-appointed manager have?
A court-appointed manager, also known as a court-appointed receiver or property manager, is granted certain powers and responsibilities by the court to oversee the management of a property. The specific powers may vary depending on the jurisdiction and the terms of t...
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
Does asbestos affect property value?
An Asbestos survey assesses a building to find asbestos containing materials and to assess the risk to persons living or working in the building. The Surveyor will consider the risks in view of the building’s construction or build type, building age as well as modifi...
Read More
How long does a full survey take?
Typically, a building survey inspection will take a Chartered Building Surveyor 3-6 hours on site for a typical 3 bed house, and for larger properties the inspection may be carried out over a couple of days.
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
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.
Read More
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...
Read More
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 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
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 ...
Read More
Should VAT be added to building reinstatement valuations: caselaw?
Brian White is challenging FirstPort's insurance costs, alleging that the capital value of a block in Hollin Bank Court in Blackburn is unreasonably increased due to the inclusion of VAT. White contends that the rebuild cost of the property should be 13.5 million in...
Read More
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...
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
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...
Read More
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 More
How many empty homes are there in the UK; government figures?
The latest figures (2022) show a huge increase in the number of long-term empty homes across every region in the UK. Government figures released in November 2022, show the number of long-term empty homes has risen by around 20,000 compared to last year. The number o...
Read More
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...
Read More
Extending lease with absent freeholder
Extending a lease with an absent freeholder can be more challenging than when the freeholder is actively involved. However, leaseholders still have options to extend their lease even in the absence of the freeholder. Here are some considerations:- Determine lease ...
Read More
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.
Read More
What Is Infrastructure Levy?
Infrastructure Levy is a non-negotiable local tax to ensure developers pay their part of the share towards infrastructure that communities need.
Read More
Is a Defective Premises Act claim better than a breach of contract claim?
Unlike, breach of contract claims (where claims are limited to original 1st buyers who bought directly from the developer only), one of the advantages of claims under the Is a Defective Premises Act 1972 is that the claimants (be they leaseholders or freeholders) do ...
Read More
What is a coworking space?
A coworking space is a designated workspace where individuals from different professions or organizations work together in a shared environment.
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 a special resolution?
A Special resolution would be required for any change to the Company Memorandum and Articles of Association. Such motions must be passed by a 75% majority.
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 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.
Read More
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.
Read More
What are interpretations involving lease provisions and rights of the landlord and the tenant of their capacity to have their say on the lease renewals?
Pole Properties Limited v Feinberg [1982] 43 P&CR 121 (Court of Appeal)SummaryIn the matter Pole Properties Limited v Feinberg [1982] 43 P&CR 121, the courts had summed interpretations involving lease provisions and rights of the landlord and the tenant of th...
Read More