Featured Articles

Get the answers to your questions and stay up to date about apartment building management with our featured articles and NOTB guides, on topics such as service charges, right to manage, buying your freehold, major works, building insurance and other issues about blocks of flats.

Countdown to the 2018 Energy Efficiency Standards

Some 6% of landlords risk financial penalties and being banned from renting if their properties fall beneath imminent energy efficiency rules. From 1 April 2018, the new regulations have the potential to leave landlords unable to rent their properties and tenants with inflated energy bills. The new Minimum Energy Efficiency Standards (MEES) rules will make it illegal for landlords to sign a new lease for properties with an energy performance certificate (EPC) rating of F and G from next month. Those caug

JPC Law launch 'Will Check Wednesdays'

JPC Law are proud to be announce the launch of WILL CHECK WEDNESDAYS  starting next Wednesday 14th March. With changes and complexities within the current legislation, it has become increasingly important to ensure the effectiveness of your will with regards to inheritance tax and the asset structure of your estate. They are offering you the opportunity to have a 30 minute consultation, on any Wednesday between 14th March and 13th April with a member of the wills, trusts and probate team in which they wil

Property Fraud – What’s the Solution?

The much-awaited appeal hearing in the cases of Dreamvar (UK) Limited -v- Mishcon De Reya  and others and P & P Property Limited -v- Owen White & Catlin LLP and others has now taken place before the Court of Appeal and the resultant judgment is awaited. There is no doubt that many within the legal world recognise that the result of the appeal, whichever way it goes, is likely to have a significant impact on the law and practice of, in particular, conveyancing.  However, it will inevitably also affect the

SDL Property Partners has a sterling start to 2018

The industry’s first property management franchise scheme, SDL Property Partners has had a strong start to the year by signing up two new franchisees and hosting potential property partners at SDL Property: 2018. Joining the “property revolution” by becoming a franchisee for the Croydon area is Sam Kamara, who has 14 years’ worth of experience within the property industry. Speaking about why he decided to join the SDL Property Partners, Sam said: “I am excited about what this unique opportunity has to off

Inheriting Employees: The little known risk for managing agents

Your contract to manage a property is ending - what does this mean for your employees and any contractors that you engage? Furthermore, if you’re the newly appointed agents, do you know what you need to do? As managing agents, you’re likely to be carrying out specific services on behalf of your client which may include providing an on-site property manager, caretaker or receptionist.  You may also work with contractors to provide security or cleaning services.  The Transfer of Undertakings (Protection of

The Right to Manage and Multiple Blocks

It has now been almost three years since the decision of the Court of Appeal in Triplerose Limited v Ninety Broomfield Road RTM Co Ltd [2015] was handed down and it would seem that there is little or no appetite to clarify the law surrounding the right to manage multiple residential blocks of flats comprising the same estate. Part 2 of the Commonhold and Leasehold Reform Act 2002 provides long leaseholders of flats with the right to assume the management of the building from the landlord. This is a ‘no fa

Q&A - Right to Manage Company

QUESTION Briefly, I am a director of a company which owns both the freehold (from 1996) and head lease (from 2010) of our block of 114 flats. Some seven years ago, when we acquired the head lease (still over 120 years to run) we wanted to change the managing agents. However, they refused to resign as they said they were one of the three parties to the tri-partite leases and had a 'beneficial interest'. At that stage we felt we had no choice but to form a Right to Manage company to enable us to force the c

Q&A - Sub-letting with power of attorney

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

What are the pitfalls of renting out your property on a short term basis

Over the last five years there has been a marked increase in the number of people using third party websites such as Airbnb and HomeAway to rent out their property.  Many homeowners view this as a useful way of supplementing their income.  For those looking to rent, the attraction is that such rentals offer a “home from home” environment and can often be cheaper than traditional hotel accommodation.  However, it is becoming a more professional endeavour than the original home sharing model that was first

A Poor Start to the Year for Flat Owners Seeking to Extend Their Leases or to Acquire the Freehold

Mundy and relativities A few weeks ago flat owners with leases with less than 80 years left to run had their hopes dashed that the premium payable might be reduced; the flat owner failed in their appeal in the case of Mundy v Trustees of the Sloan Stanley Estate. Unfortunately the tenant fell at the first hurdle in trying to show that there was a point of law to be considered; the Upper Tribunal ruled that it was open to the Tribunal at first instance as a question of fact to reject the Parthenia model. T

Deverell Smith Recognised as a Top UK Employer

Deverell Smith, the property recruitment specialists, have been recognised as the UK’s 8th Best Small Company To Work For in The Sunday Times’ annual Best Companies research. In the same week, Deverell Smith also won the ‘Overall Engagement Award’ at Property Week’s annual Best Companies to Work For in Property awards. The annual survey run by the ‘Best Companies’ group, recognises organisations and managers who genuinely value and respect their employees. Property Week’s Best Places to Work in Property i

Q&A - Qualifying Tenants

QUESTION Please would you be so kind as to answer some questions on qualifying tenants? 1. Would a partner(girlfriend/boyfriend), having no legal status on the qualifying tenants Lease, be a qualifying tenant too? 2. Is a non qualifying tenant allowed to vote, participate or be counted in an enfranchisement application? 3. Is a non qualifying tenant allowed to vote or participate in RTM matters? 4. Is a non qualifying tenant allowed to be a non elected Director of (a) A RTM (b) Enfranchisement? ANSWER It

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