Cassandra Zanelli

QUESTION I wanted to ask when making an application for the appointment of a manager (and any other application to the Tribunal) would I be expected to send copies of all documents to all other leaseholders in my block (40 Flats). If I had to do that I could not afford it. Someone has told me in the past that I would have to do this and I would be the only applicant.  ANSWER Many thanks for your enquiry which follows on from the recent webinar focusing on the appointment of a manager by the tribunal pursu

Since its introduction under the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”), many leaseholders have acquired the right to manage their building.   In very general terms, so long as the building qualifies and the paperwork is correct (and served correctly), leaseholders are entitled to acquire the right to manage and take over the management functions. There is no need, therefore, to show any fault on the part of the current landlord and/or the manager.  However, for a non-fault based right,

PM Legal Partner Cassandra Zanelli outlines the new Practice Directions and Guidance put in place for cases in the First Tier Tribunal (and Upper Tribunal) as a result of the ongoing Coronavirus outbreak.  In light of the current Coronavirus (COVID-19) outbreak, the way in which we live and work has changed significantly and, with those changes, the justice system is adapting too.  The Senior President of Tribunals has issued two Practice Directions that will apply in First Tier Tribunal and Upper Tribuna

Service charges are essential to effectively manage any block of flats. However management companies and landlords who are contractually required to provide these services can only do if leaseholders stick to their contractual obligation and pay the charges as laid out in the lease.   Recovering your service charges requires having the right legal processes and procedures in place and following the steps below.   Restrictions on recovery are either contractual (based on the lease) or statutory. Sometimes

QUESTION We wonder if you could advise us on the following. We have a situation of a lessee who is now permanently in a care home with the power of attorney vested in three people, his son, his daughter and a lifelong friend.  The son and daughter both live in the USA and intend to rent out the flat. The lease is ambiguous with regard to sub-letting stating only: “Not to assign underlet or part with the possession of part only of the said flat”. Regardless of this, a number of flats are already sub-let. W

QUESTION I would be most grateful if you could give me some advice/information.   Currently I live in a converted house, there are four flats which are all owner occupied and we own the freehold between us.   Two of the flat owners want to have a management company and two do not want a management company for a variety of reasons.  Despite a lot of discussion on the issue, we are now at an impasse and there is a feeling that one party will not rest until they get their way to having a Management Company.

QUESTION I have an RPI Lease which has an annual ground rent more than 0.1% of the capital value which is now not approved of by Nationwide.  Is this likely to cause me a problem in the future? ANSWER Many thanks for your enquiry. Due to the rapidly developing nature of the issue - and with further changes afoot - it is very difficult to provide a definitive answer as to whether or not the ground rent escalation clause in your lease is likely to cause a problem for you in the future.  Back in May Nationwi

QUESTION Could you please let me know if more than one Section 20 Notice can be issued in any financial year without contravening the regulations. We would like to amend our RA constitution to reflect our current ways of working, as the existing one has not been adhered to for several years (5 – 8). Any advice would be very welcome. We would like to adopt a simpler more modern way of working. ANSWER Section 20 (of the Landlord & Tenant Act 1985) relates to consultation for either major works or qualifying

QUESTION Please could you let me know if I have to pay the management company to extend the Lease of my flat when I own a share of the freehold? ANSWER Many thanks for your query. Leases are extended either by private treaty (i.e. agreement between the parties) or pursuant to statute. Subject to meeting the qualifying criteria, you are entitled to extend your Lease by following the procedure laid out under the 1993 Act. This does require the payment of a premium, although premiums can vary wildly dependin

QUESTION Can you provide some information regarding sinking funds?  Can they automatically be instituted by a head lease or must provisions be provided in the sublease?   ANSWER Many thanks for your question. It is common for leases to allow the landlord to collect sums of money from leaseholders to create a sinking fund. This allows sums of money to be built up, which will then be used to cover the costs of irregular and expensive works.  The process avoids the “spikes” that would otherwise occur when th

A ‘nice little earner’ could leave tenants at risk of huge damages or even losing their homes. Airbnb boasts an impressive 60 million guests, across 34,000 cities, in more than 191 countries. This equates to more than 2 million listings worldwide from hosts willing to offer, in the website’s own words, “a flat for a night, a castle for a week or a villa for a month”. In light of the number of leasehold apartments available in the UK’s housing market, many are being let via Airbnb or similar schemes.

The Right to Manage (RTM) is a popular method by which leaseholders can take responsibility for the management of their blocks. When exercising the RTM, it makes no difference if the landlord’s management has been good, bad or indifferent. However, there are certain cost implications that are overlooked by leaseholders who decide to invoke the RTM process. We aim to highlight these in this article. PRACTICAL COSTS The RTM is exercised by a limited company, not by individual leaseholders. Therefore there a