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QUESTION Approx two and a half years ago a flat was left vacant after the death of the owner. It has remained so since, we are told by the executrix due to probate matters. Standing charges are fully paid and directors keep a voluntary eye on the flat to ensure it is wind and watertight as we hold a key. I do wonder if there are legal, insurance and other complications we should be aware of? It seems that the long period of vacancy MAY be coming to an end soon. ANSWER Many thanks for your enquiry. I am p

Volunteer directors of residents’ management companies across the UK that have taken control of their own blocks can be handling five-figure service charge revenues. Now Deacon Insurance has warned they may still be liable, even if they retire and move away from the block, as the consequences of any decision that they made will follow them. They could face potentially unlimited personal liability in the courts. “While it is good news for other leaseholders that resident-controlled management companies hav

The equalities act 2010 makes it unlawful for any person or company managing or owning premises to discriminate against a disabled person occupying those premises. Once a written request is made, the landlord/manager is under a duty to take reasonable steps to address the matter. Arguably there are three main types of adjustments that apply to residential premises: (1) Auxiliary aids and services, ie the replacement of taps, door handles etc; (2) Policies, procedures and practices; (3) Changes to a lease

In reality, the essence is not who owns the freehold but rather how the building is run, how the personalities get on, and how differing expectations are managed… we are dealing as much with social interaction as the legal process. I have had the pleasure of undertaking a day and a half on the phones at the Leasehold Advisory Service (LEASE). I undertook this to ensure I had a clear understanding of the nature of calls received, and who our callers were. I have to say I thoroughly enjoyed my time on

From your perspective as the managing agent, you need to take care that you are not being led by the freeholder’s agenda When acting for an rmc, managing agents will often be asked by their landlord and its legal advisers to combine the ground rent debt with the service charge arrears. There are clear advantages to the landlord of this approach but it can cause problems for the RMC – and a potentially dangerous conflict of interest for the managing agent. Managing agents should consider carefully the impl

Personally I am happy to pay an extra £15 per year towards my home insurance costs to help support families devastated by flood damaged homes July should see the launch of the new government-backed scheme to tackle the issue of flood insurance for homes in areas at high risk from flooding. Welcomed by most, this scheme will ensure the availability of affordable flood insurance cover for approximately 350,000 homeowners in respect of houses they or their family live in, all or part of the time – or in cert

When should a tenant benefit from a landlord’s insurance? The recent case of Fresca-Judd v Golovina (QBD, 5 February 2016) provides food for thought for anyone concerned with the rental of residential property – and those who insure it. In the case, the tenant (G) took an 18-month lease of a cottage in Wiltshire. The tenancy contained a covenant requiring the landlord (F) to insure, and specifically required G to leave the heating on if vacating the cottage during the winter months. G moved in shortly bef

Gutter maintenance is often seen by homeowners and landlords as a thankless chore, and something they would rather not have to think about. Nevertheless, a little effort put into ensuring gutters are in proper working order can prevent the need for much more expensive repairs further down the line. Blocked gutters can lead to a multitude of problems, so it really is worthwhile undertaking regular checks. Badly maintained gutters can develop leaks, causing damp to spread to other parts of the building. In

All residential landlords in the UK must now conduct detailed ‘right to rent’ checks when granting new tenancy agreements. The checks, part of a crackdown on illegal immigrants, will require landlords to report tenants without the right paperwork to the Home Office. Failure to do so could leave landlords facing a fine of up to £3,000. All landlords will be required to make ‘right to rent’ checks 28 days before the start of any new tenancy. Landlords will be required to: Establish who will live at the pr

According to a 2015 government report, almost 1 in 4 small businesses were victims of a cyber-security breach last year The data security breach at TalkTalk last year highlights the significant and increasing threat cyber and data security risks present to businesses. And it’s not just large corporates that are at risk. According to a 2015 government report, almost 1 in 4 small businesses were victims of a cyber-security breach last year. Many businesses now feel it’s no longer a question of if they might

Where were you in 1989?  It was the year Deacon started trading.  Fast forward 27 years and it’s amazing to think how the business and the world has changed since then.    The average house price in the UK then was just £61,513.  Today it’s £288,000, an increase of almost 370%.  Mobile phones had only been around for 4 years - digital didn’t arrive until 1992 - and it was only in 1991 that the World Wide Web went live to the whole world.   As for Deacon, from a start-up team of just five the business has

Last year the Department of Business Innovation and Skills pledged to create 3 million apprenticeships by 2020. Many industries and sectors across the economy have seized the opportunity and become “Trailblazer” employers, offering young people an apprenticeship that is practical, relevant and paid. To celebrate the launch of the unique Housing and Property Apprenticeships, key industry figures and the Prime Minister’s Apprentice Advisor, Nadhim Zahawi MP attended an event in Parliament on 23rd February.