What our customers are asking:
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(22)
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.
Read moreRead by(22)
What happens if our absent freeholder subsequently turns up and claims ownership of the building?
If an absent freeholder suddenly reappears and claims ownership of a building after a vesting order or any other action has been taken, the situation can become legally complex. Here's a general overview of what might happen in such a scenario:- Legal challenge: T...
Read moreRead by(22)
What is block management?
Block management can often be confused with AST (Assured Shorthold Tenancy) for individual flats. The former is a highly specialised and regulated area whereby the 'managing agent' is appointed by residents or developers to undertake the duties of managing he fabrick...
Read moreRead by(22)
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 ...
Read moreRead by(22)
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.
Read moreRead by(22)
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 ...
Read moreRead by(22)
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(22)
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(22)
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(21)
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 moreRead by(21)
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(21)
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 moreRead by(21)
What is the relevant building according to the Building Safety Act 2022?
A relevant building is a building of a minimum height of 11 meters or five storeys.
Read moreRead by(21)
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.
Read moreRead by(20)
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(20)
Do we have to hold AGMs?
It is possible to de-regulate a resident management company so that AGM's are not held. Even if the 1989 Companies Act de-regulation package is adopted any leaseholder can call an Extraordinary General Meeting EGM to discuss any business that would otherwise be discu...
Read moreRead by(20)
What is an annual return?
An annual return is the name used for Form 363 that is required to be submitted to Companies House annually to register the directors, company secretary and shareholders of the company on the anniversary of the date the company was created. This is a requirement for ...
Read moreRead by(20)
What are debentures?
A debenture is statement of a sum loaned to the company and how it will be paid back. Debentures may also impose a 'floating charge' over the assets of the company or a fixed charge. A copy of any debenture must be kept at the Registered Office. A copy must be sent t...
Read moreRead by(20)
What are the autumn 2022 budget changes for much Capital Gains Tax and CGT exemption levels?
The capital gains tax reduction from April 2023 will bring the annual exemption to 6,000 from the present 12,300. It will further reduce to 3,000 from April 2024 onwards. Indexation naturally still applies. Pundits argue some will consider selling land and property...
Read moreRead by(20)
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(19)
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...
Read moreRead by(19)
What is a coworking space?
A coworking space is a designated workspace where individuals from different professions or organizations work together in a shared environment.
Read moreRead by(19)
What is an annual general meeting?
An annual general meeting AGM is a meeting that is required by the Companies Acts to present the accounts to the shareholders of the business, approve accounts, elect/re-elect directors, appoint and set the remuneration of the auditors. An AGM must be held within 15 ...
Read moreRead by(19)
What is a special resolution?
A Special resolution would be required for any change to the Company Memorandum and Articles of Association. Such motions must be passed by a 75% majority.
Read moreRead by(19)
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(19)
What are the steps involved in taking over the management of a property with an absent freeholder?
Taking over the management of a property with an absent freeholder typically involves several steps. While the specific process may vary depending on the jurisdiction and the circumstances, here are some general steps to consider:- Review Lease Documents: Start by...
Read moreRead by(18)
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(18)
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...
Read moreRead by(18)
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(18)
Ask our Experts
What our customers are asking:
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 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.
Read More
What happens if our absent freeholder subsequently turns up and claims ownership of the building?
If an absent freeholder suddenly reappears and claims ownership of a building after a vesting order or any other action has been taken, the situation can become legally complex. Here's a general overview of what might happen in such a scenario:- Legal challenge: T...
Read More
What is block management?
Block management can often be confused with AST (Assured Shorthold Tenancy) for individual flats. The former is a highly specialised and regulated area whereby the 'managing agent' is appointed by residents or developers to undertake the duties of managing he fabrick...
Read More
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 ...
Read More
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.
Read More
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 ...
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
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 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 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
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
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 the relevant building according to the Building Safety Act 2022?
A relevant building is a building of a minimum height of 11 meters or five storeys.
Read More
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.
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
Do we have to hold AGMs?
It is possible to de-regulate a resident management company so that AGM's are not held. Even if the 1989 Companies Act de-regulation package is adopted any leaseholder can call an Extraordinary General Meeting EGM to discuss any business that would otherwise be discu...
Read More
What is an annual return?
An annual return is the name used for Form 363 that is required to be submitted to Companies House annually to register the directors, company secretary and shareholders of the company on the anniversary of the date the company was created. This is a requirement for ...
Read More
What are debentures?
A debenture is statement of a sum loaned to the company and how it will be paid back. Debentures may also impose a 'floating charge' over the assets of the company or a fixed charge. A copy of any debenture must be kept at the Registered Office. A copy must be sent t...
Read More
What are the autumn 2022 budget changes for much Capital Gains Tax and CGT exemption levels?
The capital gains tax reduction from April 2023 will bring the annual exemption to 6,000 from the present 12,300. It will further reduce to 3,000 from April 2024 onwards. Indexation naturally still applies. Pundits argue some will consider selling land 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
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...
Read More
What is a coworking space?
A coworking space is a designated workspace where individuals from different professions or organizations work together in a shared environment.
Read More
What is an annual general meeting?
An annual general meeting AGM is a meeting that is required by the Companies Acts to present the accounts to the shareholders of the business, approve accounts, elect/re-elect directors, appoint and set the remuneration of the auditors. An AGM must be held within 15 ...
Read More
What is a special resolution?
A Special resolution would be required for any change to the Company Memorandum and Articles of Association. Such motions must be passed by a 75% majority.
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
What are the steps involved in taking over the management of a property with an absent freeholder?
Taking over the management of a property with an absent freeholder typically involves several steps. While the specific process may vary depending on the jurisdiction and the circumstances, here are some general steps to consider:- Review Lease Documents: Start by...
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
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...
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
