Featured Articles

Three months of the CDM Regulations 2015 and uncertainty remains on duty holders’ obligations for many.  We look elsewhere at the role of Principal Designer; here we consider client duties. Introduction The Regulations apply to all building projects, regardless of size and duration.  Clients must ensure that a project is set up to control risks to health and safety of those who may be affected.  The client has overall responsibility and the Principal Designer and Principal Contractor provide support. W

On the 6th April 2015, The Construction (Design and Management) Regulations 2015 (CDM 2015) replaced CDM 2007. The regulations govern the management of health, safety and welfare for what are termed “construction projects”. For most property managers a “construction project” typically includes internal common parts refurbishments, external redecoration works and major services renewal projects.  The appointment of a CDM Coordinator is for the most part engrained in the psyche of a property manager and ev

It is a common woe of many managing agents: modern blocks are becoming more complicated to manage. Leaseholders are increasingly sophisticated and demanding and yet there is a persistent downward pressure on service charges and management fees. But professionalism and quality rarely sit comfortably with squeezed fees. Professionalism can be defined as performing a job to high standards, to adhering to standards of courtesy, honesty and responsibility, to acting in your clients’ best interests, and to goi

It is said that there is no substitute for experience. For this very reason developers are increasingly turning to the right managing agents for input, guidance and even hands-on involvement during all stages of a development’s lifecycle. If someone needs to file accounts, they go to an accountant; if they require legal advice, they contact a solicitor. Increasingly, developers are relying on a properly equipped managing agent to help them identify potential aspects of a development that should be taken

There are so many aspects to London’s 2012 legacy - more people are getting into sport locally; the public facilities are increasing such as the new local swimming pool, and we have a world class venue soon to be the home of West Ham United FC - what more could a Londoner need? Some locals are saying we have seen the loss of the ‘real’ East End and some even feel it is a case of ‘social cleansing’, while others are happy that former wasteland sites are being turned into a tranquil place of beauty and fin

The Right to Manage,  introduced by the Commonhold and Leasehold Reform Act 2002, empowers leaseholders to take control and responsibility for the management of their block without having to pay a premium. But, is the grass always greener? The right is exercised via a Right to Manage Company (the RTM Co) and one of the most important parts of the process is to set up and efficiently run the RTM Co. This will require leaseholders to devote time, inject costs, become familiar with the company’s procedures

There are a number of instances where a tenant can lose their entitlement under the 1993 Act to a new lease. Below are two examples of such instances commonly encountered in lease extension applications which tenants (and their representatives) should be aware of: Personal representatives The 2002 Act extended the provisions of the 1993 Act by introducing a new right for a personal representative to make an application for the grant of a new lease of a flat on behalf of a deceased qualifying tenant.

Developers of mixed use developments who are keen to retain their freehold often seek advice on what steps can be taken to avoid collective claims under the Leasehold Reform Housing and Urban Development Act 1993 (“the Act”). The recent decision in Westbrook Dolphin Square Ltd v Friends Life 2014 is proving to be particularly useful in this respect. A judgment involving one of the largest residential blocks in Europe will obviously cover a lot of ground and Judge Mann’s decision does not disappoint. Runn

There are many blocks of flats in Central London (and elsewhere) where there is an ‘intermediate landlord’ - that is to say a landlord who has a lease that is longer than the flat owner’s lease and sits between it and the freehold. Often these leases exist because of the way that buildings were developed or sold off and allow the landlord to pass on the management obligations to a ‘middle man’ who will also normally collect the ground rent from the building and may have a ‘reversion’ (a longer lease than

It has been an exciting year for leasehold enfranchisement practitioners. There is not enough space in this one article to summarise all of the important reported decisions over the last twelve months, so let’s look at three recent cases. The first concerns a lease extension claim under Part 1, Chapter 2 of the Leasehold Reform, Housing & Urban Development Act 1993 (“the Act”). It is not uncommon for a claim to be issued in circumstances where there are several landlords (e.g. a freeholder and intermedia

Leases are wasting assets and can drop in value as the years pass by. It is vital that you understand why your lease needs to be extended and what you can do to prevent it losing value. There is a lot of information available over the internet but the best thing to do is speak to a specialist solicitor and have a look at their website, as there will often be useful guides that can assist your understanding. First of all, in order to qualify, you must have owned your flat for at least two years.  Secondl

The Leasehold Reform, Housing and Urban Development Act 1993 (“the 1993 Act”) entitles tenants to acquire the freehold of the whole of the building which contains their flats. This will include the common parts which are available for shared used or benefit. The landlord may request 999-year leasebacks of certain units. Mandatory leasebacks are to be made in respect of secure tenancies and lettings by housing associations. Generally the most commonly granted non-mandatory leasebacks are of premises which