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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.

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 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...

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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.

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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...

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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...

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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...

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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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What is LVC or Land Value Capture?

Land value capture (LVC) involves capturing the increase in land value caused by public investment, planning decisions, or other factors and using this enhanced value to fund public infrastructure, affordable housing, or other community benefits.

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The case of Avon Ground Rents Ltd v Cowley and Others [2019] EWCA Civ 1827 deals with an action for ground rent with a service charge provision in leases featuring rival interpretation and enforcement.

Avon Ground Rents Ltd v Cowley and Others [2019] EWCA Civ 1827SummaryThe case of Avon Ground Rents Ltd v Cowley and Others [2019] EWCA Civ 1827 deals with an action for ground rent with a service charge provision in leases featuring rival interpretation and enforceme...

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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 ...

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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.

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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...

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What is an Extraordinary Resolution?

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

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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...

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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...

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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.

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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...

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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...

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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...

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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...

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How do you get rid of Silverfish?

Some simple advice to get rid of silverfish if you are a leaseholder in a block of flats are:Remove their food source: you don’t want to be sharing food with pests, so seal your dried goods in airtight containers. If silverfish won’t be able to access their favored m...

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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...

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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.

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How many types of property taxes are levied in the UK?

In the case of the UK, several different property taxes are levied, including council tax, stamp duty land tax (SDLT), and capital gains tax (CGT) on property sales.

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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 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 ...

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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.

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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 ...

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What is the heat pump grant?

The heat pump grant is a financial incentive the UK government provides to encourage the adoption of heat pumps for home heating. Families can receive grants of up to 7,500 off installation costs.

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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...

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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 Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

How long does a full survey take?

Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.

Can you extend a lease with an absent freeholder?

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

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

What is LVC or Land Value Capture?

The case of Avon Ground Rents Ltd v Cowley and Others [2019] EWCA Civ 1827 deals with an action for ground rent with a service charge provision in leases featuring rival interpretation and enforcement.

What does a Chartered Surveyor do?

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.

What are BTR properties?

What is an Extraordinary Resolution?

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

What does the rent reform bill propose?

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?

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.

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?

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

What are dormant company accounts?

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.

How do you get rid of Silverfish?

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?

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.

How many types of property taxes are levied in the UK?

In the case of the UK, several different property taxes are levied, including council tax, stamp duty land tax (SDLT), and capital gains tax (CGT) on property sales.

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

What are the later living design and planning requirements?

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.

Is a Defective Premises Act claim better than a breach of contract claim?

What is the heat pump grant?

The heat pump grant is a financial incentive the UK government provides to encourage the adoption of heat pumps for home heating. Families can receive grants of up to 7,500 off installation costs.

Ask from our Property Experts

What our customers are asking:

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 Morshead Mansions Limited v Leon Di Marco [2013] EWHC 1068 (Ch) deals with the interpretation and enforcement of restrictive covenants?

How long does a full survey take?

Dispute relation to the reasonableness of service charges and the obligations of a landlord left in the lease.

Can you extend a lease with an absent freeholder?

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

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

What is LVC or Land Value Capture?

The case of Avon Ground Rents Ltd v Cowley and Others [2019] EWCA Civ 1827 deals with an action for ground rent with a service charge provision in leases featuring rival interpretation and enforcement.

What does a Chartered Surveyor do?

How does the The Leasehold and Freehold Reform Bill impact new leasehold properties?

What are BTR properties?

What is an Extraordinary Resolution?

What does the rent reform bill propose?

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?

Who is responsible for the cost of remedial works?

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

What are dormant company accounts?

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.

How do you get rid of Silverfish?

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?

What is the UK Rent-A-Room tax exemption, and who qualifies for it?

How many types of property taxes are levied in the UK?

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

What are the later living design and planning requirements?

Should a Management Company hold service charges and reserve funds in the same account?

Is a Defective Premises Act claim better than a breach of contract claim?

What is the heat pump grant?

Should VAT be added to building reinstatement valuations: caselaw?

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