What our customers are asking:
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(59)
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(59)
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(59)
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(59)
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(59)
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(58)
How is a Court Appointed Manager different from a regular property manager?
A Court Appointed Manager and a regular property manager differ in their appointment process, scope of authority, and the circumstances under which they are involved. Here are some key differences:- Appointment Process: A Court Appointed Manager is appointed by a ...
Read moreRead by(58)
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(58)
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 moreRead by(57)
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(56)
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(56)
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(56)
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 moreRead by(55)
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(55)
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(55)
The case of The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 involves an issue of considerable debate within residential leases over whether charges, particularly in relation to major works, imposed on leaseholders by local authorities are reasonable and proportionate to sums that may be recoverable from the leaseholders.
The London Borough of Hounslow v Waaler [2017] EWCA Civ 45SummaryThe case of The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 involves an issue of considerable debate within residential leases over whether charges, particularly in relation to major works, i...
Read moreRead by(54)
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 moreRead by(54)
Which was the first Build to rent project?
The pilot BTR project was in Stratford at the Olympic village when temporary accommodate wrens for athletes were converted into professionally managed rental homes.
Read moreRead by(54)
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(53)
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(53)
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(52)
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(52)
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 moreRead by(52)
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 moreRead by(52)
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 moreRead by(51)
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(51)
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 moreRead by(50)
What is service charge?
Service Charge is the term used for the funds collected from lessees for day to day service charge items. It is collected on the due dates specified in the lease.
Read moreRead by(50)
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(50)
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 moreRead by(50)
Ask our Experts
What our customers are asking:
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
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 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 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
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
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 is a Court Appointed Manager different from a regular property manager?
A Court Appointed Manager and a regular property manager differ in their appointment process, scope of authority, and the circumstances under which they are involved. Here are some key differences:- Appointment Process: A Court Appointed Manager is appointed by a ...
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 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 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
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
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
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
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 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
The case of The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 involves an issue of considerable debate within residential leases over whether charges, particularly in relation to major works, imposed on leaseholders by local authorities are reasonable and proportionate to sums that may be recoverable from the leaseholders.
The London Borough of Hounslow v Waaler [2017] EWCA Civ 45SummaryThe case of The London Borough of Hounslow v Waaler [2017] EWCA Civ 45 involves an issue of considerable debate within residential leases over whether charges, particularly in relation to major works, i...
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
Which was the first Build to rent project?
The pilot BTR project was in Stratford at the Olympic village when temporary accommodate wrens for athletes were converted into professionally managed rental homes.
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
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
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
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
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
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
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
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
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
What is service charge?
Service Charge is the term used for the funds collected from lessees for day to day service charge items. It is collected on the due dates specified in the lease.
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
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
