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What our customers are asking:

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
Read by(46)

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
Read by(46)

What is taxed for Inheritance Tax?

The deceased's estate comprises all valuable assets, such as shares, investments, jewelry, insurance policies, gifts, and property.

Read more
Read by(46)

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
Read by(45)

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
Read by(45)

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
Read by(45)

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
Read by(45)

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
Read by(44)

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
Read by(44)

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
Read by(44)

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
Read by(44)

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
Read by(43)

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
Read by(43)

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
Read by(42)

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
Read by(42)

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
Read by(41)

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
Read by(41)

Where is Ringley located ?

Headquartered in London with offices in Manchester and Cardiff, and circa 70 staff out on site covering assets nationwide, Ringley's UK-wide portfolio comprises over 13,000 homes of mixed tenures. Ringley is a residential real estate-focused company that works with i...

Read more
Read by(41)

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
Read by(41)

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
Read by(40)

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
Read by(40)

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
Read by(40)

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
Read by(40)

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
Read by(39)

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
Read by(38)

why does the case of Beazer Investments Ltd v Brown issue of misrepresentation and its consequences in contract law

The case of Beazer Investments Ltd v Brown is a notable legal case that deals with the issue of misrepresentation and its consequences in contract law.In this case, Beazer Investments Ltd (the claimant) entered into a contract with Mr. Brown (the defendant) for the s...

Read more
Read by(38)

Is Wembley Park a suitable area for students?

Living in the Wembley Park area promises a peaceful and safe stay with proximity to world-class shopping destinations, music events, pubs and restaurants, community living, and a friendly neighbourhood.

Read more
Read by(38)

how does The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties.Mr. Mullaney challenged the validity and e...

Read more
Read by(37)

Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?

The Building Safety Bill will grant a power to the High Courts which allows them to extend specific liabilities for one company to any other associated companies and make them jointly and severally liable, should the High Court considers it just and equitable to do s...

Read more
Read by(36)

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
Read by(36)

Ask our Experts

What our customers are asking:


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

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 taxed for Inheritance Tax?

The deceased's estate comprises all valuable assets, such as shares, investments, jewelry, insurance policies, gifts, 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

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 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

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

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

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

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

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

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

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

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

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

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 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

Where is Ringley located ?

Headquartered in London with offices in Manchester and Cardiff, and circa 70 staff out on site covering assets nationwide, Ringley's UK-wide portfolio comprises over 13,000 homes of mixed tenures. Ringley is a residential real estate-focused company that works with i...


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 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

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

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 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 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

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

why does the case of Beazer Investments Ltd v Brown issue of misrepresentation and its consequences in contract law

The case of Beazer Investments Ltd v Brown is a notable legal case that deals with the issue of misrepresentation and its consequences in contract law.In this case, Beazer Investments Ltd (the claimant) entered into a contract with Mr. Brown (the defendant) for the s...


Read More

Is Wembley Park a suitable area for students?

Living in the Wembley Park area promises a peaceful and safe stay with proximity to world-class shopping destinations, music events, pubs and restaurants, community living, and a friendly neighbourhood.


Read More

how does The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties?

The case of Mullaney v Maybourne Grange (Croydon) Management Co [1986] 1 E.G.L.R. 70 is a significant legal case that deals with the interpretation and enforcement of restrictive covenants in relation to leasehold properties.Mr. Mullaney challenged the validity and e...


Read More

Building Liability Orders Background It is common practice that property developers set up a subsidiary company with very few assets to own and manage an individual development, and then be wound down once the development is completed. This practice can be used to secure investment in a project, in a long run it can also leave the developer group with no long-term civil liability. Given the current situation, Government has decided to intervene to help those affected find fair redress for building safety issues. What are we going to do?

The Building Safety Bill will grant a power to the High Courts which allows them to extend specific liabilities for one company to any other associated companies and make them jointly and severally liable, should the High Court considers it just and equitable to do s...


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