Featured Articles

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

Leasehold Assist has become the 200th member of trade body, ALEP. Leasehold Assist is a firm of chartered surveyors specialising in the valuation and negotiation of residential lease extensions and freehold purchases throughout England and Wales. Set up in 2007, ALEP set out to bring together organisations working within the leasehold enfranchisement sector to promote best practice and provide a badge of assurance for leaseholders and freeholders. Member firms include barristers, managing agents, solicito

Residential managing agent Rendall & Rittner has revealed it will save an estimated 477 tons of CO2 emissions each year after partnering with eco cleaning company, Delphis Eco. The company that manages 44,000 units across London decided to change all its cleaning products to the plant-based cleaning solution. This reduced the number of different cleaning products staff used by 40%, which in turn reduced the company’s environmental impact in line with its sustainability policy.Rendall & Rittner switched to

A modernist 1930s apartment building in London’s fashionable Hampstead was home to a spy network that gave away many of Britain’s nuclear secrets to Russia. More than 20 agents and informers lived in or visited the building – designed as an experiment in minimalist urban living – between the 1930s and 1950s. The information has come to light following the release of former East German files, and new information from MI5. Among the trendy left-wing intellectuals living and partying at the apartment block,

Tenants’ associations are being given the right to gain contact information from their landlord so they can reach out to other residents in their block with a view to joining the association. The move will boost the power of tenants’ associations, which have the right to be consulted on issues such as the appointment of managing agents and the level of service charges, and have the right to appoint a surveyor for advice. Under Section 130 of the Housing and Planning Act 2016, the secretary of a tenants’ a