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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

QUESTION I've got a flat that hit 80 years left on lease in July. I’d been in talks with leaseholders prior and struck a deal. Only now my solicitor had put the fear of God in me that's it's not great because it's not peppercorn. I'm fully aware it's not the best deal, but if I used an agency to do the work it would cost thousands. Anyway, my deal is, 4k to renew lease, £300 a year with an increase on RPI every 10 years. To take lease to 125 years. Is this a fair deal? Should I be worried? Currently it's

QUESTION We are shared freeholders and want to change an unclear clause in our leases. Can we draw up a Deed of Variation ourselves, or do we have to use a solicitor? ANSWER Although it is not mandatory for you to use a solicitor to draw up a Deed of Variation, it may be pertinent to do so. It seems to me you are experiencing firsthand the difficulties that can arise from unclear drafting and it would be a shame to repeat mistakes of the past. Deeds of Variation are important documents – they bind the cu

#MakeARacket at the LandAid MIPIM Tennis Classic on 16th March 2016 and improve the lives of children and young people.  The charity competition, in association with BNP Paribas Real Estate, takes place at the prestigious Cannes Tennis Club on Tuesday, March 16 to coincide with MIPIM, the world’s leading real estate expo, taking place in the south of France. So get your rackets ready and swap your suit for your tennis whites and socialise with likeminded tennis rackets for a great cause. The brain

The annual RICS and Macdonald & Company Rewards & Attitudes Surveys are the most comprehensive surveys undertaken for the property sector in the UK, Asia and The Middle East. The survey continues the success of early surveys making this the largest and most comprehensive survey of its type in the industry. We know the best and not just the stars of today but the stars of tomorrow! #BeConnected and participate today for your chance to win either dinner for two with an overnight stay at Sloane Squa