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Right to acquire communal gardens and other appurtenant property The participating tenants in a collective claim are entitled to claim in addition to the freehold of the building, the freehold of property which at the relevant date the qualifying tenants are entitled under the terms of their flats leases to use in common. This property may comprise estate roads and paths, a communal garden, a swimming pool, a bin store etc. Landlord’s right to defeat the claim by offering rights in lieu However, by s. 1(4

Leaseholders who exercise their collective right to acquire the freehold of their block of flats often do so, at least in part, to rid themselves of their freeholder, with whom relations have deteriorated beyond the point of no return. In fact, it’s not necessarily the case that the freeholder’s influence will be removed entirely. For example, the freeholder may seek to exercise its right to acquire a 999 year leaseback of any unit which is not let to a qualifying tenant of a flat in the building. This mi

Short leases are an all too common problem for owners of flats when they come to sell their property. The root of the problem is that a lease is a wasting asset, which means that as time goes on it loses value. Even as prices in the property market rise, a flat with a shorter lease will be worth less than a comparable flat with a longer lease. This issue has come into sharp focus in recent years as the drive for leasehold reform has emerged from relative obscurity to become mainstream news. Gone are the d

Residential property management firm Block Management UK Ltd has doubled staff presence at its newest offices in Ipswich, Suffolk, as part of a focus on improving and expanding its services across East Anglia. The Sudbury-based firm believes that the region offers opportunities for growth.   Director David Collinson said;   “Across the region we see some exciting activity in residential building and infrastructure. Norfolk has a high rate of residential building completions. The East of England Co-op is c

Although there is greater awareness about leases with high ground rents and the effect these can have on values, many leaseholders still feel trapped in properties  with a lease worth less than they paid for it and they can’t sell on. If this applies to you, you should be aware of your options. If you purchased the property from the developer and are the original leaseholder, you may find that the landlord will be prepared to vary the terms of the lease and may have put aside funds in order to put this is

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

Since 2002, leaseholders have had the legal right to take responsibility for managing their block under the Right to Manage. They are free to engage the services of a property manager of their choice or to self-manage their development. So far so good, but as Urban Owners point out in their online guide to RTM, with control comes responsibility. Once the RTM company has been set up, the directors must take on a number of obligations on behalf of their fellow flat owners. These responsibilities include: -

QUESTION ​I have a question in regards to leasehold responsibility. There is damp in my property from the Balcony to inside of the apartment. I think that the management company is responsible for this due to a poorly structured balcony. The management company say it is my responsibility and refuse to answer my emails.  I understand other neighbouring flats also have similar problems with dampness. Currently the flat is tenanted for a family with 2 children under 3 years. Is there anything I can do and wh

P & P Property Limited –v- Owen White & Catlin and others (“P&P”) Dreamvar –v-Mishcon de Reya and Others (“Dreamvar”) The eagerly awaited Judgment of the Court of Appeal in the P&P and Dreamvar cases was handed down today.   JPC Law represented P&P, a small ‘father and son’ property development company who fell victim to a substantial property fraud almost 5 years ago. They have now succeeded before the Court of Appeal in their argument that Owen White & Catlin (“OWC”), the solicitors who acted for the fr

Principle Estate Management, launched in Birmingham just one month ago by Brett Williams, has won the management contract for a 1930s art deco office building in Birmingham city centre that has been redeveloped into restaurants and luxury apartments. Burne Jones House on Bennetts Hill lies on the former home of Sir Edward Burne Jones, the 19th-century artist and designer best known for his stained glass works, including the windows at St Philip’s Cathedral. The seven-storey building, which holds a blue pl

Mark Allen has been promoted to Director of Operations at PMR (Property Management Recruitment). Dominic Rossi, Director at PMR (Property Management Recruitment) said: “PMR are delighted that Mark has stepped up to the role overseeing our teams working in residential property management, he has played a key part in creating the success that we have enjoyed.” PMR specialise in assisting both Residential Managing Agents, Developers and Right to Manage Company’s (RMCs) with On-Site Property Staff. Mark comme

QUESTION We are a block of 60 Private Retirement Apartments. We operate a RTM company and a vacancy has become available on the board due to a resignation with immediate effect. I am the only person to offer to fill that vacancy. I have 50 years experience in business in positions such as Chairman/Managing Director. The Board say they do not want to fill the position at this moment in time but I can apply in September.. The Directors operate a Quorum ? - they said at a meeting last October that they will