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Yashmin Mistry

Yashmin Mistry

JPC | Managing Partner

Biography

Yashmin Mistry is a Partner and leads JPC Law’s Property Practice Group. Yashmin is a leading expert in leasehold enfranchisement and landlord & tenant matters and is widely acknowledged as a thought leader in her field. She is influential not only as a practitioner and commentator, but increasingly as someone asked to play an active role in shaping how the law works. Yashmin is a “Recognised Expert” in the prestigious Legal 500 guide as well as receiving recognition in the 2014 to 2018 “Top 100 Most Influential People in the Residential Sector” property guide.

JPC continues growth with family law team

#TeamJPC are immensely proud to welcome a new lawyer our expanding Family Team which was established 3 years ago.MONIKA BRAR, Associate Solicitor, Dispute Resolution – Family TeamMonika is an Associate Solicitor within the Dispute Resolution Team specialising in Family Law and brings with her the ability to make clients feel empowered during what is often an extremely stressful and emotional time.Monika is a collaborative and empathetic lawyer always willing to go above and beyond to ensure her clients re

What do new crime laws mean to you?

The Economic Crime and Corporate Transparency Act 2023 (“ECCTA”) received the Royal Assent on 26th October 2023. Despite being in force for over a year now, how many directors of freehold companies, resident management companies, Right to Manage Company and/or managing agent professionals fully understand what this landmark legislation means for them and/or their clients? The ECCTA represents one of the most significant reforms to Company House since it began its corporate registration service in 1844. At

JPC continues growth spurt

#TeamJPC are immensely proud to welcome two new lawyers to our expanding Family and Real Estate Teams. KOMAL NAIK, Solicitor, Dispute Resolution – Family Team Komal is an Assistant Solicitor within the Dispute Resolution Team specialising in Family Law and brings with her the ability to make clients feel empowered during what is often an extremely stressful and emotional time. Komal is a collaborative and empathetic lawyer always willing to go above and beyond to ensure her clients receive the best advi

Licence to Alter

WHAT IS LICENCE? Under most residential leases a tenant is required to obtain consent from the landlord and/or the management company before making any alterations to his/her property. It's a simple process which is also known as “An Application for a Licence for Alterations”. Whether or not consent (a licence to alter) is required will be determined by (i) the scope of works and (ii) what the lease says. In most leases, the landlord will place a restriction on the extent of alteration, extension or o

The complexities of Tax Clearance unravelled

A common misconception when people purchase their freeholds is they believe it to be the end of the story. This is often not the case and steps should be taken to protect the position. Why do you need new leases if you have bought your freehold? Although you may own the freehold of your building, the original leases remain in place. They cannot be “cancelled” as they regulate the legal relationship between the flat owners and the freehold company. Taxation Issues The usual position when purchasing the fre

Q&A - Advice for property managers during Covid 19

QUESTION I am enquiring to see if you know of any written protocols/advice from any source which helps block managers apply the coronavirus rules to those that live in flats. Most folk here adhere to the general advice when it comes to ‘staying put’ but the block as a whole is vulnerable as residents are ‘buzzing’ in those that don’t permanently live here – deliveries/relatives/tradesmen etc. ANSWER Thank you for your email enquiry. As far as we understand things (although at present many things are

Q&A - Extending your lease

QUESTION What rights do I have to extend my lease and what happens if the lease runs out? ANSWER Thank you for your email. In broad terms there are two ways in which a lease of a flat can be extended: (1) by agreeing an informal voluntary deal with the landlord or (2) by pursing a more formal route and serving a statutory lease extension notice under the legislation. Under the Leasehold Reform Housing and Urban Development Act 1993 tenants of long leases are given the right to extend. The right provided f

Q&A - Flat Doors

QUESTION I'm chair of a management company looking after 35 flats. We are going to replace our flat front doors which are non-compliant with fire regs. Do the doors belong to the individual flat owners and if so, what rights does the management company have to replace them? The board of directors is made up of 6 flat owners. We'd like to change the style slightly but want to have all the new doors the same style. Can individual flat owners demand to choose a different style for their own door? ANSWER Than

Q&A - Roof Repairs

QUESTION We are a small shared-freehold company, registered with Companies House as a residential community. There are four leaseholders, each of which has a share of the freehold. We don't use an outside management company but are running it ourselves. When one of the flats was sold in 2010, the buyer's solicitor told his client that he would not need to pay any roof repair bills. This was based on a poorly worded clause in a Draft Lease made in 1987, later adopted without being revised and re-typed. The

What to do when the building does not comply for enfranchisement or RTM? An alternative option..

Yashmin Mistry, Partner at JPC Law highlights an area of law of interest to tenants when they are fed up with poor management and the building does not comply with the criteria required to purchase the freehold or exercise the right to manage – The Right to Appoint a Manager and/or Receiver. A common complaint of tenants is that their property has been badly managed and/or the landlord is collecting excessive amounts of service/administration charges. To deal with these problems, the First Tier Tribuna

Q&A - Lease Extension

QUESTION I recently found out that I only have 46 years remaining on my lease in my one bed flat and it will cost me £60k to extend the lease to 100 years. I cannot sell the property without the full lease in case someone needs to take out a mortgage on it. I was wondering if there is a way to fund this in order for me to sell the property. My credit is not very good therefore I am unable to remortgage or obtain a secured loan. I have 2 children, therefore need to sell and move into a bigger place as soo

Q&A - Lease Extension

QUESTION I am the chairman of an Independent Leaseholders Association (10,000 RTB members) We have held regular monthly meetings for approximately the last eight years. My RTB (flat) lease dates from 1992. Since I do not wish to pass on a problematic legacy to my family on my demise, I have recently been negotiating with the council to purchase a 99 year extension to the existing lease. I was recently sent a draft of the proposed extension stating that the extension is granted under S 56 of the 1993 Act.

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