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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.

Liability of Service Charge when a flat is sold?

If you ask a thousand landlords what happens to service charges when a property is sold, odds are the majority believe arrears will pass to the new buyer. This is not necessarily the case. The case needs to be considered for: Old tenancies (those granted before 1 January 1996); and New tenancies (granted on or after 1 January 1996) OLD TENANCIES: Prior to the assignment, the assignee (incoming tenant) has neither privity of estate nor privity of contract with the Landlord. There is no rea

Service Charges don't add up to 100% - What do to?

It is no great secret that many leases are, by any objective view, defective. If for example the computation of service charge in respect of the proportion paid by each lessee does not add up to or is more than 100% - the lease is essentially defective and leaves a scenario where the landlord is either making up the shortfall or recovering more than what has actually been paid out. There are many reasons why a lease fails to make satisfactory provision for the computation of service charges. This inclu

Administration charges - what are they?

A landlord will sometimes charge for items of expenditure which are not service charges. Since the introduction of the Commonhold and Leasehold Reform Act 2002 (CLRA 2002) these charges have become regulated (to some extent). The act defines an “administration charge” as “an amount payable by a tenant of a dwelling as part of or in addition to the rent which is payable, directly or indirectly” for one of the following: Costs associated with the granting of approvals under the lease or considering appl

Who pays the price?

When a property is sold, do service charge arrears pass to the new purchaser? The Landlord and Tenant (Covenants) Act 1995 fundamentally changed the law regarding rights and liabilities of parties to a lease following an assignment, but those provisions are not retrospective. It is therefore necessary to consider the position for old tenancies (those granted before 1 January 1996) and new tenancies (granted on or after that date). In respect of old tenancies, the editors of Woodfall are of the view tha

The right to appoint a manager

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 Tribunal (FTT) has the power to appoint a manager and/or receiver to manage the property instead of the landlord or his agent. The right can be exercised pursuant to Section 24 of the Landlord and Tenant Act 1987. The role of the manager The manager appointed by the FTT is not appointed to favour the

The New FTT Rules

Just in case you have missed it, the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 came into force on July 1. The change follows on from the restructuring of the Courts and Tribunals services by the Tribunals, Courts and Enforcement Act 2007. That Act created a new judicial and legal framework bringing together many individual Tribunals into a new, unified structure. The old Rent Assessment Committee, Rent Tribunals, Leasehold Valuation Tribunals, Agricultural Tribunals and Adju

"Ping Pong" Freeholds!

The 50% Participation Rule! As enfranchisement is a group action, a common question often asked is, “do all my neighbours need to take part?” Under the legislation, the participating tenants must be those of the flats comprising not less than 50% of the total number of flats on the notice of claim is given (unless there are only two flats in the building, both flats must participate). Note, that it is the total number of flats in the building. In other words, this includes those of qualifying t

Share of Freehold VS Lease Extension

LEASE EXTENSIONS: Subject to a few exceptions, all long leaseholders who have held their lease for at least two years have the individual right to renew their lease. Once you have established you are entitled to extend your lease, the next question will be, “how much will it cost?” Generally, as the lease length gets shorter, the premium payable to extend the lease increases. To determine the premium payable for a lease extension, valuation surveyors will use a formula set out by statu

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