What our customers are asking:
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(88)
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(88)
1. What are the criteria for the creation of RTM?
The required minimum number of qualifying tenants must be equal to at least half of the total number of flats in the building. The RTM act allows a landlord to become a member because of their interest in the property. A landlord cannot become a director of the RTM ...
Read moreRead by(88)
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(86)
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(84)
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(84)
What is the significance of the Renters' Reform Bill's new database for HMRC?
The database introduced by the Renters' Reform Bill is expected to be a valuable resource for HMRC, helping track landlords who may have failed to disclose their rental income.
Read moreRead by(84)
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(84)
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.
Read moreRead by(84)
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(83)
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(83)
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(83)
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(82)
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...
Read moreRead by(82)
How many leaseholders can form an RTM company?
At least two eligible leaseholders one of whom needs to stand as a director can form an RTM company.
Read moreRead by(81)
What is the purpose of the RICS?
RICS – The Royal Institution of Chartered Surveyors (RICS) represents the property profession in 146 countries, and regulates its ‘Chartered’ members. All valuations are subject to the RICS International Valuation Standards otherwise known as the ‘Red Book’.
Read moreRead by(81)
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(81)
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(81)
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.
Read moreRead by(81)
What is an Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
Read moreRead by(81)
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(80)
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(80)
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(79)
How does CDP climate change scores rating or accreditation system work?
CDP (formerly known as the Carbon Disclosure Project) operates a climate change rating and accreditation system that assesses companies' efforts and performance in managing climate-related risks and opportunities. CDP's scoring methodology considers various factors a...
Read moreRead by(79)
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(79)
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(78)
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(78)
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(78)
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(78)
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(77)
Ask our Experts
What our customers are asking:
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
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
1. What are the criteria for the creation of RTM?
The required minimum number of qualifying tenants must be equal to at least half of the total number of flats in the building. The RTM act allows a landlord to become a member because of their interest in the property. A landlord cannot become a director of the RTM ...
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
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 is the significance of the Renters' Reform Bill's new database for HMRC?
The database introduced by the Renters' Reform Bill is expected to be a valuable resource for HMRC, helping track landlords who may have failed to disclose their rental income.
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 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.
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
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
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
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...
Read More
How many leaseholders can form an RTM company?
At least two eligible leaseholders one of whom needs to stand as a director can form an RTM company.
Read More
What is the purpose of the RICS?
RICS – The Royal Institution of Chartered Surveyors (RICS) represents the property profession in 146 countries, and regulates its ‘Chartered’ members. All valuations are subject to the RICS International Valuation Standards otherwise known as the ‘Red Book’.
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
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
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.
Read More
What is an Extraordinary Resolution?
An example of an Extraordinary resolution would be a resolution to wind up the Company.
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 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
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
How does CDP climate change scores rating or accreditation system work?
CDP (formerly known as the Carbon Disclosure Project) operates a climate change rating and accreditation system that assesses companies' efforts and performance in managing climate-related risks and opportunities. CDP's scoring methodology considers various factors a...
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
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
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 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
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
