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What our customers are asking:

Absent Freeholders and The Vesting Order Process

When dealing with absent freeholders, one possible avenue to address the situation is through the vesting order process. Here's an overview of the vesting order process in relation to absent freeholders:-    Identify the need for a vesting order: A ves...

Read more
Read by(204)

Can you sue a property management company for negligence uk?

In short yes, however there are quite a few steps to go through initially. Firstly any complaint against a managing agent is best coming from a Residents Association, a Right to Manage Company (RTM) or a Residents Management Company (RMC) as this collective voice wil...

Read more
Read by(200)

What is the standard floor area of a three-bedroom house in the UK?

The standard size of a three-bedroom UK house is 88 square meters.  As a comparison a typical victorian bay fronted two storey house with a side staircase and two storey back addition would be around 100 square metres..

Read more
Read by(188)

Can I refuse to pay service charge ?

Normally no as the payment of service charge is a firm and legal obligation duty laid out within the lease you would have signed when buying your property. Often people would say 'why should I pay my service charge as the service I am paying for is not satisfactory' ...

Read more
Read by(172)

What is the indemnity policy for the lack of freeholder consent?

An indemnity policy for lack of freeholder consent, also known as a leasehold indemnity policy, is a type of insurance policy that provides financial protection to the leaseholder in situations where the freeholder's consent for certain actions or changes to the prop...

Read more
Read by(137)

What are section 20 qualifying works? 

In essence any works to a block of flats costing more than £250 per property will by law trigger a Section 20 (Landlord and Tenant Act)  Consultation process.This is good news for all residents throughout the country owning leasehold flats who are not necessaril...

Read more
Read by(86)

Section 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landlords.

Non-Compliance with Section 22SummarySection 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landl...

Read more
Read by(85)

How much do management companies charge? 

Managing agent fees vary throughought the country anything form £250 per annum ber flat plus VAT to as much as £500 per unit for higher end blocks with high levels of amenity. A fair and reasonable level for a 2 bedroom property within the M25 should be around the £2...

Read more
Read by(83)

What does service charge include?

Service charges for blocks of flats are designed to cover all necessary items of expenditure to ensure the building firstly is safe and complies with all the minimum health and safety requirements laid out in law and also the building is maintained to a good standard...

Read more
Read by(79)

What is a reasonable service charge?

What even is a fair service charge ?Normally your freehold and/ or managing agent agree the required service charges for your block. There is no set level defined by a lease or enshrined in law. The estimates laid out for itmes in service charge&n...

Read more
Read by(74)

Can I take my freeholder to court?

Yes, it is possible to take your freeholder to court under certain circumstances. As a leaseholder, you have legal rights and protections, and if you believe that your freeholder has breached their obligations or failed to fulfill their responsibilities, you may have...

Read more
Read by(65)

Can a freeholder appoint a managing agent? 

Yes they can and often do. Developers often pre sell the ground rent on leasehold flats to developers well before the block of flats is finished. In this way they guarantee a bonus revenue stream over and above the profit margin they have forecast for the buid.The pr...

Read more
Read by(52)

What is the law when a freeholder doesn't reply to your notice?

When a freeholder doesn't reply to a notice, such as a lease extension notice or any other formal communication, the specific legal recourse will depend on the jurisdiction and the applicable laws. However, there are general steps that can be taken in such a situatio...

Read more
Read by(51)

How should we approach the problem of leases, keep carpeted clauses - surely these are out-dated with modern wooden flooring?

Keep carpeted clauses are probably now considered a 'primitive way' of deadening noise arising from "impact sound" particularly in older properties where ceiling/floor insulation schemes are not up to modern standards. Many leases include a "keep carpeted" clause. Le...

Read more
Read by(39)

What is a rtm company?

An RTM stands for a Right to Manage Company. It is quite common for a developer or Freeholder to appoint their chosen managing agent when the last flat is sold in the block of flats. If this managing agent is perceived by the residents to be inadequate, expensive or ...

Read more
Read by(33)

What is an extraordinary general meeting (EGM)

An EGM can conduct much the same business as an AGM and can be called at anytime

Read more
Read by(29)

What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract

Liquidated damages' LADS in a JCT Construction contract are deductions on a weekly basis for contract overrun.  One would fall foul of the JCT Contract for making a deduction without going through the LADS process.  And failing to pay a Certificate wit...

Read more
Read by(28)

What can the property ombudsman do? 

If for any reason residents are not satisfied with any aspect of how teir block is managed and feel they have not had an adequate response by their agent they are at will to make a complaint to the industry ombudsmen. The main body for this would be the Royal Institu...

Read more
Read by(26)

Under what law can breach of building regulations claims be brought?

Section 38 Building Act 1984:  Believe it or not since 1984 Section 38 of The Building Safety Act has never come into force! The Building Safety Act 2022 will bring Section 38 into force and provide for claims for up to 15 years after works have b...

Read more
Read by(23)

What rooms are considered bedrooms under statutory overcrowding rules?

Bedrooms, living rooms, dining rooms, box rooms, studies, home offices, and large kitchens (considering safety and reasonability) are all counted as rooms for sleeping.

Read more
Read by(21)

Does it matter if the freeholder of a leasehold property is a local council?

The identity of the freeholder, whether it is a local council or another entity, can have some implications for leasehold property. Here are a few points to consider:-    Governance and Regulations: Local councils are subject to specific regulations an...

Read more
Read by(21)

The dispute concerns the reasonableness and recoverability of certain service charges charged against Mr Garside and another appellant, lessees under a long lease, by RFYC Ltd, which owns the freehold of a property.

Garside & Anor v RFYC Ltd & Anor [2011] UKUT 367 (LC) (15 September 2011)SummaryThe decision in Garside & Anor v RFYC Ltd & Anor [2011] UKUT 367 (LC) was a case whose determination and decision required proper understanding and enforcement of provisio...

Read more
Read by(20)

Whether the local authority can be liable to pay for the damage caused by public-land trees whose roots extend and cause damage to private land?

Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150SummaryThe case of Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150 deals with a local authority's liability for damage caused by the roots of a tree to private pr...

Read more
Read by(19)

What is the average age of first-time homebuyers in the UK?

The average age of the UK's first-time homebuyer is 45 years

Read more
Read by(19)

What is compartmentation and what materials are used to separate compartments with a building?

The word compartmentation is used to define the fire separation between escape routes and between flats. A compartment is simply a part of a building bounded by walls and floors that will resist the passage of fire for a specified period of time. All penetrations thr...

Read more
Read by(18)

Whether the tenant's repairing covenant applied to rebuild a wall that had become structurally unsound in the meantime.

Lurcott v Wakely & Wheeler [1911] 1 K.B. 905 (17 February 1911)SummaryLurcott v Wakely & Wheeler [1911] 1 K.B. 905 is a leading case in the English law of property, upon the construction of repair covenants in leases. The question was one of whether the tenan...

Read more
Read by(17)

What is a cluster flat in the context of PBSA accommodation?

A cluster flay refers to typically 5 or 6 bedrooms with ensuite shower facilities built around a central kitchen/eating and sometimes sitting/lounge area too.

Read more
Read by(16)

How do you change a managing agent?

It is actually more simple than you think to change your managing agent depending on who appointed them in the first place. If the developer of the block of leasehold flats appointed the managing agent then normally after the last flat is sold there are a few first s...

Read more
Read by(15)

What is a certificate of compliance?

A certificate of compliance is a document required by the Land Registry to confirm that all the covenants of the lease have been complied with. This is required if a restriction against transfer is registered the title register and no conveyance can be completed on s...

Read more
Read by(15)

What is Moss Side famous for?

Moss Side stands apart for its multiculturism. It is a popular destination for the best cuisines, music, and festivals. Moss Side is home to the Manchester Academy and Alexandra Park.

Read more
Read by(15)

Ask our Experts

What our customers are asking:


Absent Freeholders and The Vesting Order Process

When dealing with absent freeholders, one possible avenue to address the situation is through the vesting order process. Here's an overview of the vesting order process in relation to absent freeholders:-    Identify the need for a vesting order: A ves...


Read More

Can you sue a property management company for negligence uk?

In short yes, however there are quite a few steps to go through initially. Firstly any complaint against a managing agent is best coming from a Residents Association, a Right to Manage Company (RTM) or a Residents Management Company (RMC) as this collective voice wil...


Read More

What is the standard floor area of a three-bedroom house in the UK?

The standard size of a three-bedroom UK house is 88 square meters.  As a comparison a typical victorian bay fronted two storey house with a side staircase and two storey back addition would be around 100 square metres..


Read More

Can I refuse to pay service charge ?

Normally no as the payment of service charge is a firm and legal obligation duty laid out within the lease you would have signed when buying your property. Often people would say 'why should I pay my service charge as the service I am paying for is not satisfactory' ...


Read More

What is the indemnity policy for the lack of freeholder consent?

An indemnity policy for lack of freeholder consent, also known as a leasehold indemnity policy, is a type of insurance policy that provides financial protection to the leaseholder in situations where the freeholder's consent for certain actions or changes to the prop...


Read More

What are section 20 qualifying works? 

In essence any works to a block of flats costing more than £250 per property will by law trigger a Section 20 (Landlord and Tenant Act)  Consultation process.This is good news for all residents throughout the country owning leasehold flats who are not necessaril...


Read More

Section 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landlords.

Non-Compliance with Section 22SummarySection 22 of the Landlord and Tenant Act 1985 (LTA 1985) in the United Kingdom gives a tenant the right to inspect and to be given copies of documents supporting the amount they are being charged in service charges by their landl...


Read More

How much do management companies charge? 

Managing agent fees vary throughought the country anything form £250 per annum ber flat plus VAT to as much as £500 per unit for higher end blocks with high levels of amenity. A fair and reasonable level for a 2 bedroom property within the M25 should be around the £2...


Read More

What does service charge include?

Service charges for blocks of flats are designed to cover all necessary items of expenditure to ensure the building firstly is safe and complies with all the minimum health and safety requirements laid out in law and also the building is maintained to a good standard...


Read More

What is a reasonable service charge?

What even is a fair service charge ?Normally your freehold and/ or managing agent agree the required service charges for your block. There is no set level defined by a lease or enshrined in law. The estimates laid out for itmes in service charge&n...


Read More

Can I take my freeholder to court?

Yes, it is possible to take your freeholder to court under certain circumstances. As a leaseholder, you have legal rights and protections, and if you believe that your freeholder has breached their obligations or failed to fulfill their responsibilities, you may have...


Read More

Can a freeholder appoint a managing agent? 

Yes they can and often do. Developers often pre sell the ground rent on leasehold flats to developers well before the block of flats is finished. In this way they guarantee a bonus revenue stream over and above the profit margin they have forecast for the buid.The pr...


Read More

What is the law when a freeholder doesn't reply to your notice?

When a freeholder doesn't reply to a notice, such as a lease extension notice or any other formal communication, the specific legal recourse will depend on the jurisdiction and the applicable laws. However, there are general steps that can be taken in such a situatio...


Read More

How should we approach the problem of leases, keep carpeted clauses - surely these are out-dated with modern wooden flooring?

Keep carpeted clauses are probably now considered a 'primitive way' of deadening noise arising from "impact sound" particularly in older properties where ceiling/floor insulation schemes are not up to modern standards. Many leases include a "keep carpeted" clause. Le...


Read More

What is a rtm company?

An RTM stands for a Right to Manage Company. It is quite common for a developer or Freeholder to appoint their chosen managing agent when the last flat is sold in the block of flats. If this managing agent is perceived by the residents to be inadequate, expensive or ...


Read More

What is an extraordinary general meeting (EGM)

An EGM can conduct much the same business as an AGM and can be called at anytime


Read More

What are the Notice periods for 'liquidated damages' LADS in a JCT Construction contract

Liquidated damages' LADS in a JCT Construction contract are deductions on a weekly basis for contract overrun.  One would fall foul of the JCT Contract for making a deduction without going through the LADS process.  And failing to pay a Certificate wit...


Read More

What can the property ombudsman do? 

If for any reason residents are not satisfied with any aspect of how teir block is managed and feel they have not had an adequate response by their agent they are at will to make a complaint to the industry ombudsmen. The main body for this would be the Royal Institu...


Read More

Under what law can breach of building regulations claims be brought?

Section 38 Building Act 1984:  Believe it or not since 1984 Section 38 of The Building Safety Act has never come into force! The Building Safety Act 2022 will bring Section 38 into force and provide for claims for up to 15 years after works have b...


Read More

What rooms are considered bedrooms under statutory overcrowding rules?

Bedrooms, living rooms, dining rooms, box rooms, studies, home offices, and large kitchens (considering safety and reasonability) are all counted as rooms for sleeping.


Read More

Does it matter if the freeholder of a leasehold property is a local council?

The identity of the freeholder, whether it is a local council or another entity, can have some implications for leasehold property. Here are a few points to consider:-    Governance and Regulations: Local councils are subject to specific regulations an...


Read More

The dispute concerns the reasonableness and recoverability of certain service charges charged against Mr Garside and another appellant, lessees under a long lease, by RFYC Ltd, which owns the freehold of a property.

Garside & Anor v RFYC Ltd & Anor [2011] UKUT 367 (LC) (15 September 2011)SummaryThe decision in Garside & Anor v RFYC Ltd & Anor [2011] UKUT 367 (LC) was a case whose determination and decision required proper understanding and enforcement of provisio...


Read More

Whether the local authority can be liable to pay for the damage caused by public-land trees whose roots extend and cause damage to private land?

Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150SummaryThe case of Delaware Mansions Ltd and Others v Westminster City Council [2001] 44 EG 150 deals with a local authority's liability for damage caused by the roots of a tree to private pr...


Read More

What is the average age of first-time homebuyers in the UK?

The average age of the UK's first-time homebuyer is 45 years


Read More

What is compartmentation and what materials are used to separate compartments with a building?

The word compartmentation is used to define the fire separation between escape routes and between flats. A compartment is simply a part of a building bounded by walls and floors that will resist the passage of fire for a specified period of time. All penetrations thr...


Read More

Whether the tenant's repairing covenant applied to rebuild a wall that had become structurally unsound in the meantime.

Lurcott v Wakely & Wheeler [1911] 1 K.B. 905 (17 February 1911)SummaryLurcott v Wakely & Wheeler [1911] 1 K.B. 905 is a leading case in the English law of property, upon the construction of repair covenants in leases. The question was one of whether the tenan...


Read More

What is a cluster flat in the context of PBSA accommodation?

A cluster flay refers to typically 5 or 6 bedrooms with ensuite shower facilities built around a central kitchen/eating and sometimes sitting/lounge area too.


Read More

How do you change a managing agent?

It is actually more simple than you think to change your managing agent depending on who appointed them in the first place. If the developer of the block of leasehold flats appointed the managing agent then normally after the last flat is sold there are a few first s...


Read More

What is a certificate of compliance?

A certificate of compliance is a document required by the Land Registry to confirm that all the covenants of the lease have been complied with. This is required if a restriction against transfer is registered the title register and no conveyance can be completed on s...


Read More

What is Moss Side famous for?

Moss Side stands apart for its multiculturism. It is a popular destination for the best cuisines, music, and festivals. Moss Side is home to the Manchester Academy and Alexandra Park.


Read More