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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’

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

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

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

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

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 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 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

Better leasehold education and improvements on how managing agents communicate with leaseholders are urgently required if the sector is to provide a long-term solution to the UK’s housing needs. Those are the findings of the first-ever independent national survey of the sector. With two-thirds (65%) of leaseholders taking part in the survey saying they would welcome more information on their rights, options and obligations, policymakers have been given a clear indication that improvements are needed.

Specialist property manager Braemar Estates has been appointed to manage Wapping Wharf, a landmark new harbour side development in the heart of Bristol city centre. The final piece in the jigsaw that will complete the regeneration of the floating harbour, Wapping Wharf is one of the most significant schemes in the city. Phase one of the development is now complete, featuring 194 apartments, including 113 private-sale homes, 55 private rental (PRS) units and 26 affordable homes, as well as 8,300 sq ft of r

Almost 70% of people would like new-build properties to be better equipped for modern living, with people citing a desire for more storage, renewable energy, and pre-wired TV and broadband. The figures come from a nationwide survey commissioned by Sky to explore consumer expectations of new-build property against a backdrop of changing media habits and rapidly advancing technology. Broadband and TV services ranked in the top five essential services, just behind traditional utilities such as electricity, w

Attempts to replace the UK’s leasehold system with commonhold have failed to take off, according to experts. A roundtable meeting of the Leasehold Knowledge Partnership heard that the UK is one of only two countries to use the archaic leasehold system – which can lead to exploitation. The Commonhold and Leasehold Reform Act of 2002 was supposed to usher in a new system giving people greater rights than under leasehold. But the meeting was told that while the Council of Mortgage Lenders had been enthusiast