Featured Articles

Get the answers to your questions and stay up to date about apartment building management with our featured articles and NOTB guides, on topics such as service charges, right to manage, buying your freehold, major works, building insurance and other issues about blocks of flats.

Programme for UK’s biggest property conference announced

RESI 2014, Britain’s largest residential property conference, has published its programme for this September’s event. More than 1,000 delegates are expected to head to Wales to hear leading voices from the property and political worlds speak. Notable guests include Housing Minister Kris Hopkins, former Housing Minister Mark Prisk, Capco’s Earls Court Planning Director Annette Simpson, Greystar Managing Director Mark Hafner and Grainger’s Development Director Michela Hancock. The event will be hosted once

Major Works: the Consultation Challenge

There’s only one thing worse than a big bill. And that’s a surprise big bill. And worse than that, one where you’re not quite sure what you’re paying for. Yet it often happens when landlords carry out major or cyclical works. In many cases leaseholders find the Section 20 process confusing. Yes, it tells them works are taking place, but the emphasis on contractor selection and the prescriptive wording can mean they are left not knowing when, why or exactly what is going to happen. So what can you do to

Does Your Lease Require Terrorism Insurance?

Some certainty has been brought to anyone arranging terrorism insurance for a leasehold block of flats following the recent Upper Tribunal (Lands Chamber) decision in Qdime Ltd and Bath Building (Swindon). The property in question is a modern purpose built block of flats in Swindon. The freeholder, Qdime Ltd, was obliged by the lease to insure the building against (1) “.. the usual comprehensive risks in accordance with the CML recommendations ... from time to time”; and (2) “.. any other such risk as th

An explosive issue

Terrorism Insurance is an increasingly contentious issue in service charge cases. In short, many leaseholders think it is unnecessary and simply serves to increase their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue), whereas many landlords think that such insurance is (or should be) mandatory or, at very least, good practice. In Qdime Ltd v Various Leaseholders at Bath Building (Swindon), the Upper Tribunal was faced with a l

The Challenges of Maintaining Church Conversions

Church Conversions can pose a unique set of maintenance challenges for landlords, leaseholders and managing agents. English weather alongside standard wear and tear mean that all buildings deteriorate over time. Churches, usually built in large expanses with exposed sections of stone and brickwork, often deteriorate faster and require significant additional maintenance and upkeep. Many have steep pitched roofs, with associated turrets and towers. Their intricate design often requires complicated provisi

Defective leases: what to do?

Many leases are, essentially, defective. Common examples include leases where matters such as placing insurance or allocation of responsibility for maintaining the doors or windows are absent. This may be because the lease was poorly drafted at the outset or because it was drafted using a standard precedent used across a developer’s entire portfolio. One method of resolving issues arising from a defective lease is by seeking a variation to the lease. Generally speaking there are two ways in which leases

Life After Mitchell

Did you hear the one about the solicitor who was five days late filing a cost budget and his client lost out on £500,000 of costs? Where the courts or the Civil Procedure Rules (CPR) impose deadlines upon parties, litigants are expected to abide by them. Sanctions are imposed for non-compliance, and they could have drastic consequences. In 2010, the Government published Lord Jackson’s Review of Civil Litigation Costs; 548 pages of proposals to limit expenditure in litigation. The backbone of the reforms

Redress scheme a step closer

Legislation making it a legal requirement for letting agents to belong to a redress scheme has moved a step closer. The proposals are now going through the final legislative process after an order to amend the Enterprise and Regulatory Reform Act 2013 was laid on 23 June. Once it has completed its passage through the House of Commons and House of Lords, letting and property management agents will have to to join a redress scheme. The Government hopes the scheme will ensure tenants and leaseholders recei

Two key enfranchisement cases decided

The High Court and Court of Appeal have reached their decisions in two important enfranchisement cases. Westbrook has sealed victory in the collective enfranchisement of Dolphin Square, the central London block of 1,229 flats, believed to be the largest and most complex claim made to date. Guided by Damian Greenish, Chairman of Pemberton Greenish and a leading authority on enfranchisement, Westbrook successfully defended Friends Life’s High Court challenge to its right to enfranchise the block. The judg

LEASE and ALEP increase help for leaseholders

The Leasehold Advisory Service (LEASE) has announced the addition of several new firms who will volunteer to provide free out-of-hours advice to leaseholders. JPC Law, Child and Child, Dean Wilson LLP, Penningtons Manches, Piper Smith Watton, Streathers, Wilson Barca and Coles Miller have decided to volunteer their time and expertise, and join Seddons, Bishop & Sewell, SA Law and Sykes Anderson in helping leaseholders solve their problems. Anthony Essien, LEASE’s Chief Executive, said: “We want to offe

Consequences of service charges demanded late

In the recent case of Chowdhury v Bramerton Management there are judicial comments which suggest that where a lease provides for service charges to be demanded at a particular time (here interim demands quarterly), late service of such demand would mean any arrears are not due until at least a reasonable delay has elapsed or the next demand date.

Cross-sector talks heralded a success by delegates

Last month, senior representatives from ALEP, the Leasehold Advisory Service, RICS, ARMA, IRPM, NAEA and Leasehold Forum met for cross-sector talks over lunch in central London. In what is thought to be a first, representatives discussed - informally - issues currently affecting the leasehold and enfranchisement sector. Alex Greenslade, Honorary Secretary and co-founder of ALEP, said: “Although our organisations have clearly defined and, admittedly, different agendas, our common goal is one of bettering

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