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.

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

Shared ownership: A reality check

Shared ownership has been around for over 20 years in various guises and offers people the security and stability that the private rented sector doesn’t provide. Unfortunately relatively little is generally known about this form of tenure and there remain some major misunderstandings about it. Whether or not shared ownership works depends on each individual circumstance at any given time – much like private renting or owning outright. It’s simply a housing option that works for many, but not for some. H

Building strong legal foundations

There are few certainties for property managers, other than things rarely go to plan. Complications are varied and frequent – leaseholders don’t always pay service charges on time or in full, contractors fail to meet their obligations and agents may retain documents and money at handover that they shouldn’t. To resolve these issues quickly, it is essential you have an expert legal team you trust, who will adapt to your changing needs and offer clear, tactical advice. Forging a relationship with a solici

Prepare for stormy weather ahead

Many home owners experienced a miserable start to this year as a result of the recent weather events and most of us should be thankful that we were not trying to roast a turkey whilst standing in a foot of water over the festive period. Unfortunately the effects of these events is likely to lead to a significant influx of cases presented to the First Tier Tribunal (Property Chamber) as block insurance becomes significantly more challenging because of an impending crisis in respect of flood cover. Insurer

How you can buy your block’s freehold

Exercising the right to buy the freehold of a building containing flats is often a complex process. The Landlord and Tenant Act 1987 provided flat owners with a route to compelling the sale of the freehold, by creating the Right of First Refusal (RFR). The Leasehold Reform, Housing and Urban Development Act 1993 provided another avenue for flat owners to assume ownership of the freehold, a right called Collective Enfranchisement. But there are important differences between the rights provided by the two

How Major Works Dispensation Is Working

Paragraph 56 of lord neuberger’s judgement in Daejan Investments Limited v Benson has provided welcome relief to the property management sector. In a recent case, a landlord obtained dispensation from the First-tier Tribunal following the consultation requirements imposed by Section 20 of the Landlord and Tenant Act 1985. In this case, the landlord’s managing agent was in dire need of replacing a pump-set and associated electrical equipment that supplied the landlord’s building with water. The landlord f

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