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.

Long RTM battle ends in success for leaseholders

Leaseholders at a retirement development in Plymouth have taken control of the future management of the premises following a three-year Right to Manage battle. The Court of Appeal’s rejection of the latest appeal by landlord Avon Freeholds Limited, means Regent Court RTM Co Ltd now has the statutory right to manage. And, according to Sussex-based Right to Manage Federation (RTMF), which assisted the leaseholders throughout the process, this is not only a significant victory for leaseholders of Regent Co

Stormy weather for property managers

It was a busy time for property management firms during the recent storms. One company, Adiuvo, reported receiving more than 1,000 calls over a single weekend in mid-February, 15 of which were for fallen trees, 12 for fences down, 8 from loss of TV signal due to the aerial no longer being there, and more than 100 for leaks from roofs following damage.

New Technology Boosts Scaffolding Alarms

Scaffolding has long been a way for thieves, vandals and even arsonists to gain access to construction sites or nearby properties. However, thanks to the new generation of scaffolding alarms, construction company assets, nearby homes and premises, and highway users are gaining increased protection from the effects of crime. In London, for example, the risk to life, limb and property that unauthorised use of scaffolding can cause is reflected in the legal obligation of anyone erecting scaffolding on the

Landmark RTM decision appealed

In the last issue we reported on conjoined appeals in a case known as Ninety Broomfield Road.    In a landmark ruling, the Upper Tribunal (Lands Chamber) decided that the Right to Manage can be exercised by a single RTM company in respect of more than one self-contained building, and this may be exercised by a single claim notice.    This decision is now being appealed.

New leasehold law approved

Royal Assent has been given to the Leasehold Reform (Amendment) Act 2014, and the Bill will come into force on 13 May. Under the new legislation, instead of having to get the personal signatures of lessees for Initial Notices in collective enfranchisement claims or for s42 notices for lease extensions, the signature of a duly authorised person – such as a solicitor or attorney – will suffice to replace that of the lessees concerned. At just 41 words, it is also one of the shortest Acts to come before

Investigation into property management sector widens

Its inquiry will now include residential property management services for properties where local authorities and housing associations are the freeholders, as well as those with private sector freeholders. The changes result from views received by the CMA after a public request for opinions on the scope of the study. Similarities in the concerns expressed by respondents in relation to the provision of property management services to former local authority properties persuaded the CMA to widen its investi

Philips v Francis: A Brief Update

For those of you that are familiar with building management, Section 20 of the Landlord & Tenant Act 1985 1985 (as amended by the Commonhold & Leasehold Reform Act 2002), is proving to be a thorny issue indeed. A potted history Originally introduced to provide greater protection to leaseholders against unscrupulous landlords, Section 20 has proved to be increasingly challenging for managers of smaller buildings.  This is in large part due to the low trigger point for qualifying works (£250 per lease per

Property Manager running the London Marathon for charity 

Laurence Davies, senior property manager at Farrar, is running the London Marathon on 13 April. Laurence is raising money for the Notting Hill Housing Trust – a charity close to his heart – and he will be cheered on by friends, family and colleagues. Laurence said, “I am proud to be running for the Trust and just I hope I can complete all 26.2 miles….I am really pleased with the response from sponsors – this has really spurred me on, especially during the colder and wetter months of training around the s

A Sign of the Leasehold Times

The Leasehold Reform (Amendment) Act 2014 comes into force on 13 May, and although the legislation is limited in scope – deliberately so - its effect will be significant. The Act takes the form of an amendment to s99 of the Leasehold Reform Housing and Urban Development Act 1993, although it does not extend to Wales. Practitioners signing notices on behalf of clients will need to satisfy themselves that they are “duly authorised” to do so when serving the notice. It will be of particular benefit to thos

Q&A - Noise Disturbance

QUESTION I am a tenant in a 1st floor (of 3 floors) flat. The dwelling above us was recently renovated and the landlord failed to install any underlay beneath the new carpet. My partner and I are constantly disturbed by the level of both airborne and impact sound coming through our ceiling - we didn't hear the previous tenants. Is the landlord legally obliged to have installed a proper underlay? Or is it the tenants responsibility to be concious of the lack of sound insulation between the dwellings when

Q&A - Residents Association

QUESTION Is it possible for someone who is NOT an Owner of property within a block of flats to hold a directorship of the Residents Association of that block? Does anyone who wishes to do so have to have the approval of the rest of the residents? I understand Company Secretary to be a different matter. Do managing agents have to belong to any professional body to ensure accountability?  If not, why not? This is not a question about the right to manage.   RESPONSE: Whether a Residents' Association all

Q&A - Right to Manage 

QUESTION I live in a small block of 4 flats, which has purchased the freehold and Right to Manage some years ago before I bought my flat here. It is set up as a Ltd company, and we self manage, and we are all equal directors. We pay a monthly service charge into a bank account from which repairs are funded. The issue is that there is absolutely no structure, transparency or adherence to rules in the way the building/ company is managed, and we have one problematic owner/ director, or rather they are a

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