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.

PDC Law recruiting a qualified solicitor

PDC Law is a new ABS based in Hertfordshire, dealing exclusively in residential landlord and tenant matters including the collection of service charge arrears, residential disputes, lease extensions and collective enfranchisement. They are looking to recruit a qualified Solicitor with at least 3 years post qualification experience and the ability to supervise. The right candidate must be able to deal with the following areas unsupervised: • Lease extensions of flats and houses including conducting proceed

LICENCE FOR ALTERATIONS – THE WHY’S AND WHAT’S?

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 oth

TAYLOR&EMMET NAMED UK’S BEST FOR PROPERTY LITIGATION

The head of property management at Sheffield solicitors, Taylor&Emmet LLP, is being recognised nationally for her contribution to the construction industry. Cassandra Zanelli and her team have been selected as “Best for Property Management Litigation” at this year’s Women in BUILD Awards. The winner was chosen by a panel of eight independent construction industry experts and recognises the high quality advice Taylor&Emmet provides to landlords, agents and leaseholders, as well as its position as a leader

THE MOST INAPPROPRIATE WORKS CARRIED OUT TO HISTORIC BUILDINGS

Window Replacements Offence:  Replacing original good quality timber windows with inappropriate modern aluminum or PVC-U casements and stripping out original period doors. Remedy:  If there is a genuine need to replace old / original windows due to aging, damage, windows or the windows and frames being beyond repair then seek advice (preferably from a chartered building surveyor).  There are some excellent products on the market which are now bringing together the requirements of the heritage boffins whil

New Appointments at Brethertons Solicitors

As part of their vision to become the ‘legal firm of the future', Brethertons is delighted to announce four new partners within the firm. Interestingly, three of the partners are non-lawyers – an innovation allowed under the firm’s new Alternative Business Structure. This status also benefits clients by permitting the firm to offer a wider range of services than ordinary law firms.   Instrumental in this new path is Sally Jones, Deputy CEO, Chief Operating Officer and now Partner. In just one year, Sally’

So why are you re-branding?

Why would a company that’s growing year-on-year spend time and money at this busy time to revamp its brand? Isn’t brand just a gimmick? Something that design companies drag out to make a profit? More specifically, in our line of work, why does brand matter to Chartered Surveyors? The answer is to be found in that single word. Brand. It’s a much misused term. One that originally referred to the number burned into cattle to demonstrate ownership. And one that has been associated with a ‘mark’ or ‘logo’ e

HMO Licensing costs as service charges

To be or not to be an HMO? The law requires local authorities to maintain a licensing scheme for HMOs. HMOs are defined as those buildings which – and this is not an exhaustive list: Comprise three storeys or more; Are occupied by at least five persons; and Are occupied by persons living in two or more single households. In some instances local authorities have been given power to create their own schemes. Where there has been a failure by a landlord to obtain a licence, where required, it is an offe

INSTALL NOW, PAY LATER

Service Charges are a key area of friction between residents and property managers, and paying for unexpected repairs or maintenance can be a thorny issue for flat owners. Most well-managed blocks have reserves to call on when major refurbishment or repairs are needed, but for those unable to build up suitable funds – and obsolete equipment urgently needs replacing – residents are expected to put their hands in their pockets and split the cost. Imagine this scenario. You live in a small block of six flats

Case law update: Willow Court dealt with Rule 13(1)(b) unreasonable conduct costs

The general consensus is that litigation is the last port of call. It is imperative that any party who pursues litigation considers the costs consequences. This article addresses the recent case of Willow Court Management (1985) Ltd v Alexander [2016] 0290 UKUT (LC) (“Willow Court”) in the Upper Tribunal (Lands Chamber), vis-à-vis unreasonable conduct during litigation in England. Rule “13” Tribunal Rules 2013 The Romans held the number thirteen as a sign of death and destruction. Yet in Chinese culture i

You can’t please all of the people all the time

It is impossible to please all of the people all the time, and indeed it is impossible to please some people any of the time. This is human nature and if people didn’t have different opinions on matters then there would be no need for lawyers and courts! No-one has a monopoly on knowing everything, and it then becomes a question of those who want to work together consensually and those who don’t. Of course when it comes to leasehold and all matters on communal living, there needs to be a desire to wan

The Housing and Planning Act 2016: limitations on the recovery of costs

The Housing and Planning Act 2016 obtained Royal Assent on 12 May 2016 and comes into force, subject to exceptions, on dates to be determined. Parts 1-5 concern housing, part 6 concerns planning, part 7 relates to compulsory purchase and part 8 deals with public authority land. Previously, it has been common practice for landlords to start proceedings in the County Court for recovery of service charge arrears as a debt, thereby engaging any relevant contractual clause rather than wait for a leaseholder t

The biggest change in insurance for a century

The Insurance Act which comes into force on 12 August could change the balance of power between insurers and their clients. Up until now, the onus has been on the client to provide the insurer with all the details needed to assess a risk. Non-disclosure of this information – whether knowingly withheld or not – frequently means a reduced pay-out, or none at all. In one of the biggest changes to insurance in more than 100 years, the new Insurance Act is set to turn the tables and make insurers take grea

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