What our customers are asking:
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
Read by(68)
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(68)
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(68)
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(67)
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(66)
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(66)
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(66)
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(66)
I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?
The answer on CDM is The CDM Regulations deal with the management of health and safety and they place duties on clients, planning supervisors, designers and contractors to plan, coordinate and manage health and safety throughout all stages of the construction project...
Read moreRead by(65)
What are BTR properties?
BTR or Build-to-Rent properties are residential properties purpose-built for rental purposes. They are designed with the needs of renters in mind and offer high-quality amenities and services. Build to Rent (BTR), a growing segment of the UK residential sector and i...
Read moreRead by(65)
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(64)
What is an Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
Read moreRead by(64)
Can you extend a lease with an absent freeholder?
Yes, it is possible to extend a lease even if the freeholder is absent. Leaseholders have the legal right to extend their lease under certain conditions, regardless of the freeholder's presence or involvement. Here are some key points to consider:- Qualifying crit...
Read moreRead by(64)
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(64)
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 moreRead by(64)
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 moreRead by(63)
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 moreRead by(63)
how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?
The case of Pemberstone Reversions Limited v Various leaseholders [2018] is a significant decision in UK caselaw that revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases.The case involved Pemberstone Reversions Limited, a l...
Read moreRead by(63)
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(62)
Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.
Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC)SummaryBackground Facts Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC) is a case of a dispute relation to the reasonableness of service charges and the obligat...
Read moreRead by(62)
Should a Management Company hold service charges and reserve funds in the same account?
The landlord or management company should hold reserve funds in a separate account, attracting a better interest rate.
Read moreRead by(61)
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(61)
A dispute between Cos Services Limited and leases Mr Nicholson and Ms Willans with respect to service charges demanded by Cos Services Limited under the lease agreement and whether those service charges were reasonable, and secondly, questions arising under the lease.
The Upper Tribunal case was a reference about, first of all, a dispute between Cos Services Limited and leases Mr Nicholson and Ms Willans with respect to service charges demanded by Cos Services Limited under the lease agreement and whether those service charges we...
Read moreRead by(60)
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.
Read moreRead by(59)
What happens when a Court Appointed Manager's term expires?
When a Court Appointed Manager's term expires, the specific actions and outcomes can vary depending on the circumstances and the court's order. Here are some possible scenarios:- Renewal or Extension: In some cases, if the court determines that the management of t...
Read moreRead by(59)
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(59)
What is the UK Rent-A-Room tax exemption, and who qualifies for it?
Individuals earning less than 7,500 from renting a furnished room automatically qualify. This exemption means charging 625 per month for a room or 144 per week.
Read moreRead by(59)
What is an absent freeholder?
An absent freeholder refers to a situation where the legal owner or landlord of a property is not actively involved or available in the management or maintenance of the property. The absent freeholder may be physically absent, unresponsive to communication, or not ac...
Read moreRead by(58)
Who has legally challenged Firstport on insurance premiums?
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. The Tribunal is due to hear the case January 2024.
Read moreRead by(58)
How is overcrowding determined based on the number of rooms available?
Rules state that anyone aged 10 or over counts as one person, children aged 1 to 9 count as half a person, and babies under 1 are not considered. Overcrowding occurs when the number of rooms is insufficient for the total count of people living in the household. Note:...
Read moreRead by(57)
Ask our Experts
What our customers are asking:
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
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
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
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
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
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
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
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
I am the Company Secretary of the company which owns the freehold of Hillside, a building which comprises 7 flats. All 7 lessees are shareholders in the company. The company is a member of the FPRA. I am the leaseholder of flat 2. We are about to appoint a contractor to carry out the external decoration of the building which is a three story Victorian house. We are unclear whether the Directors have any other responsibilities when appointing a contractor. We have read, for example, about the HSEs CDM regulations. To what extent do they apply in our case? Do you know of any guidelines or can you help us to decide what we need to do to ensure that we comply with them?
The answer on CDM is The CDM Regulations deal with the management of health and safety and they place duties on clients, planning supervisors, designers and contractors to plan, coordinate and manage health and safety throughout all stages of the construction project...
Read More
What are BTR properties?
BTR or Build-to-Rent properties are residential properties purpose-built for rental purposes. They are designed with the needs of renters in mind and offer high-quality amenities and services. Build to Rent (BTR), a growing segment of the UK residential sector and i...
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 Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
Read More
Can you extend a lease with an absent freeholder?
Yes, it is possible to extend a lease even if the freeholder is absent. Leaseholders have the legal right to extend their lease under certain conditions, regardless of the freeholder's presence or involvement. Here are some key points to consider:- Qualifying crit...
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 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 More
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 More
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 More
how does the case of Pemberstone Reversions Limited v Various leaseholders [2018] revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases?
The case of Pemberstone Reversions Limited v Various leaseholders [2018] is a significant decision in UK caselaw that revolves around leasehold enfranchisement and the rights of leaseholders to extend their leases.The case involved Pemberstone Reversions Limited, a l...
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
Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.
Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC)SummaryBackground Facts Plantation Wharf Management Co Ltd v Jackson and Another [2019] UKUT 236 (LC) is a case of a dispute relation to the reasonableness of service charges and the obligat...
Read More
Should a Management Company hold service charges and reserve funds in the same account?
The landlord or management company should hold reserve funds in a separate account, attracting a better interest rate.
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
A dispute between Cos Services Limited and leases Mr Nicholson and Ms Willans with respect to service charges demanded by Cos Services Limited under the lease agreement and whether those service charges were reasonable, and secondly, questions arising under the lease.
The Upper Tribunal case was a reference about, first of all, a dispute between Cos Services Limited and leases Mr Nicholson and Ms Willans with respect to service charges demanded by Cos Services Limited under the lease agreement and whether those service charges we...
Read More
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.
Read More
What happens when a Court Appointed Manager's term expires?
When a Court Appointed Manager's term expires, the specific actions and outcomes can vary depending on the circumstances and the court's order. Here are some possible scenarios:- Renewal or Extension: In some cases, if the court determines that the management of t...
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 is the UK Rent-A-Room tax exemption, and who qualifies for it?
Individuals earning less than 7,500 from renting a furnished room automatically qualify. This exemption means charging 625 per month for a room or 144 per week.
Read More
What is an absent freeholder?
An absent freeholder refers to a situation where the legal owner or landlord of a property is not actively involved or available in the management or maintenance of the property. The absent freeholder may be physically absent, unresponsive to communication, or not ac...
Read More
Who has legally challenged Firstport on insurance premiums?
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. The Tribunal is due to hear the case January 2024.
Read More
How is overcrowding determined based on the number of rooms available?
Rules state that anyone aged 10 or over counts as one person, children aged 1 to 9 count as half a person, and babies under 1 are not considered. Overcrowding occurs when the number of rooms is insufficient for the total count of people living in the household. Note:...
Read More
