Featured Articles

A recent ruling in the Upper Tribunal (Lands Chamber) decided that a landlord of a residential estate could not lawfully use the service charge to recover the costs it paid to a tenant in settlement of a dispute, or for the legal charges associated with it. The Upper Tribunal stated that this was because the costs the landlord was seeking to recover were associated with its own breach of obligations under the terms of the lease (failing to make a repair quickly enough). Using the service charge to pay for

Following last summer’s consultation on further fee proposals for the Property Chamber, Under-Secretary of State for Justice, Shailesh Vera has announced the introduction of fees of £100 to issue proceedings in the Property Chamber and £200 for a hearing. A lower fee of £20 will apply for proceedings relating to rent levels and pitch fee applications. The Ministry of Justice statement also announced that the higher fees for leasehold enfranchisement proceedings that were proposed in the consultation paper

With flooding permanently hitting the headlines, keeping insurance cover affordable for high-risk properties is a major government issue. Whilst the proposed Flood Re initiative is expected to help millions of homeowners, business owners and landlords will be excluded from the capped insurance scheme and there are concerns that they could see premiums rocket or find securing appropriate cover tougher. The Flood Re joint initiative between the government and the Association of British Insurers (ABI) is

Lawyers, managing agents and other professionals working in the sector can now use an online booking system to select a preferred time-slot to access specialist advice from LEASE. The Leasehold Advisory Service has launched the system to streamline their service and help avoid time wasted on-hold. Clients now just need to select a time and call the number provided to get the advice they need. Costs start at £45 (plus VAT) for a 20 minute slot. Written advice is also available, with a cost of £90 (plus VAT

From 1 February 2016 all private landlords in England, including those subletting or taking in lodgers, will need to check the immigration status of all of their tenants, before entering into a new tenancy.  These new rules are set out in the Immigration Act 2014.   Where a landlord uses a letting agent to manage their portfolio, the letting agent can take responsibility for carrying out the check, in certain circumstances.   Original documents need to be reviewed, and copied by landlords or letting agent

It’s been a busy time in the courts. Our roundup looks through some of the key results, and what they could mean for you or your business: 1. Damages for disrepair Is non-occupation fatal to any damages claim? Not according to the Court of Appeal, which looked at a case (Moorjani v Durban Estates) where a landlord’s breach of covenant caused damage to the flat of a residential long leaseholder (T). In the original trial, the judge had ruled the non-occupation, which was unconnected to the disrepai

Thursday 14th January, saw the inaugural networking event of the new association aimed at the next generation of leasehold professionals aptly named Young Leasehold Professionals (YLP).  Founded by Colin Horton, a Senior Asset Manager of Pier Management, the association has been established to help bring together young people from across the sector and to help forge professional relationships that will span their careers. It has been designed to give members a platform to meet up on an informal basis and

QUESTION I am a Director of a property management company the shareholders of which are all Lessees within the property managed. No other property is involved. The Lease states that service charges must be paid in 2 equal instalments on or before 1 January and 1 July in each year. By concession some lessees are allowed to pay by monthly instalments.  Recently one of the Lessees disposed of his interest after the 2nd due date leaving a balance of service charge outstanding being the difference of the whol

QUESTION We subscribe to News on the Block which we find very helpful as we are an older married couple who are the only directors of an RTM company.  We have been involved with the company for six years.  There are ten flats and nine of them are very happy with how the company is run.  Before we became directors, returns and accounts were not being sent to Companies House and the company was about to be struck off.  I should say the flat is a second home for us. The only residents who have not been happ

QUESTION I have commenced court proceedings against my freeholder for breach of the repairing covenant and I am requesting damages for my out of pocket expenses – which includes loss of rental income. The freeholder phoned me out the blue the other night and threatened that unless I drop my court proceedings, he will sell on the freehold at auction. I of course gave my freeholder short shrift and reminded him that he would have to follow due process in any disposal of the freehold e.g. serve a Section 5B

QUESTION We would like to buy our freehold. Can we do so through collective enfranchisement? The problem is that the building only contains two flats and myself and my business partner are joint owners of both flats.  By this I mean that myself and my business partner jointly own Flat A and myself and my business partner jointly own Flat B. The rules about what counts as a qualifying tenant are a little confusing – implying that a tenant that owns two or more flats in a building cannot be deemed to be a q

QUESTION I would like to submit a question for legal guidance. Our building, Grade II* listed, was refurbished as a block of flats in the 1980s. The wide landings in the common parts have flights of 3 shallow steps at regular intervals. I see that today's Building Regs recommend handrails for flights of 3 or more steps. This has never been a problem in the past and would be a major expense. Is it necessary to do such work retrospectively in a private residential building? ANSWER I believe that you are ref