Ask from our Property Experts

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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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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 ...

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What is Build to Rent (BTR)?

· Build to Rent (BTR) is a lifestyle phrase for purpose-built long-term rental property given by professional landlords in the United Kingdom, BTR is the UK equivalent of their multi-family sector“With nearly 1.74 million homeowners expected to reside in BTR ...

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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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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 ...

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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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What is an Extraordinary Resolution?

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

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how does The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) deals with the interpretation and enforcement of service charges in leasehold properties?

The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) is a notable legal case that deals with the interpretation and enforcement of service charges in leasehold properties.In this case, Harry Johnson, June Johnson, and other 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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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...

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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...

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Who is considered an absent freeholder?

An absent freeholder refers to the legal owner or landlord of a property who is not actively involved or available in the management or maintenance of the property. There is no specific definition of who is considered an absent freeholder, as it can vary depending on...

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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 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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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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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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When was the Renters Reform Bill first introduced?

The Renters Reform Bill was first introduced in 2019.

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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...

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What key aspects of the Renters Reform Bill might have been enacted earlier?

Early enactments may include regulations for annual rent increases, the right for renters to challenge excessive rent hikes, simplified eviction processes for nuisance tenants, and new grounds for repossession for landlords.

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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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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 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...

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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.

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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 ...

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What exactly is a party wall?

t forms part of a building and stands astride the boundary of land belonging to two (or more) different owners orIt separates buildings and it either stands astride the boundary of land belonging to two (or more) different owners.

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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.

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What are the factors or scoring criteria in GRESB (Global Real Estate Sustainability Benchmark)?

GRESB (Global Real Estate Sustainability Benchmark) evaluates the sustainability performance of real estate portfolios and assets based on a range of environmental, social, and governance (ESG) factors. The scoring criteria for GRESB is broken down into two main comp...

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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...

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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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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.

What are the Causes of Absent Freeholder?

What is Build to Rent (BTR)?

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?

When can a company be dormant?

What are dormant company accounts?

What is an Extraordinary Resolution?

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

how does The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) deals with the interpretation and enforcement of service charges in leasehold properties?

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.

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?

Does asbestos affect property value?

Who is considered an absent freeholder?

Can you extend a lease with an absent freeholder?

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

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

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?

When was the Renters Reform Bill first introduced?

The Renters Reform Bill was first introduced in 2019.

What is an absent freeholder?

What key aspects of the Renters Reform Bill might have been enacted earlier?

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.

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 is the case with an alleged breach of contract?

How do you conduct an asset valuation?

Extending lease with absent freeholder

What exactly is a party wall?

Who has legally challenged Firstport on insurance premiums?

What are the factors or scoring criteria in GRESB (Global Real Estate Sustainability Benchmark)?

What is the role of the Building Safety Regulator?

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.

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.

What are the Causes of Absent Freeholder?

What is Build to Rent (BTR)?

When can a company be dormant?

What are dormant company accounts?

What is an Extraordinary Resolution?

how does The case of Harry Johnson, June Johnson, and others v County Bideford Ltd [2012] UKUT 457 (LC) deals with the interpretation and enforcement of service charges in leasehold properties?

Who is responsible for the cost of remedial works?

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?

Does asbestos affect property value?

Who is considered an absent freeholder?

Can you extend a lease with an absent freeholder?

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

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

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?

When was the Renters Reform Bill first introduced?

What is an absent freeholder?

What key aspects of the Renters Reform Bill might have been enacted earlier?

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.

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 is the case with an alleged breach of contract?

How do you conduct an asset valuation?

Extending lease with absent freeholder

What exactly is a party wall?

Who has legally challenged Firstport on insurance premiums?

What are the factors or scoring criteria in GRESB (Global Real Estate Sustainability Benchmark)?

What is the role of the Building Safety Regulator?

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

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