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The following scenario is familiar to those electing to enfranchise. A collection of participating leaseholders acquire their freehold via enfranchisement. An investor acquires overriding leases in respect of the non-participating leaseholders. The overriding leases are obviously subject to and with the benefit of the original lease, which the investor becomes the reversioner of. The investor of course is only acting as a ‘sleeping partner’ to the participating leaseholders in a bid to make a profit on

When a property is sold, do service charge arrears pass to the new purchaser? The Landlord and Tenant (Covenants) Act 1995 fundamentally changed the law regarding rights and liabilities of parties to a lease following an assignment, but those provisions are not retrospective. It is therefore necessary to consider the position for old tenancies (those granted before 1 January 1996) and new tenancies (granted on or after that date). In respect of old tenancies, the editors of Woodfall are of the view tha

Through the increase in legislative and regulatory reforms in residential property management, landlords and managers are under growing pressure to ensure that they remain in compliance with their legal responsibilities. There are various statutory remedies and measures available to leaseholders who find themselves in situations in which their entitlements are compromised. One such measure is that of the First-tier Tribunal’s (FTT) right to appoint a new manager pursuant to Section 24 of the Landlord &

One of the principal remedies available to a landlord upon a tenant’s breach of the terms of the lease is forfeiture. The core idea being that the landlord has granted the tenant possession of the land on the condition that the covenants of the lease are complied with. If the tenant fails to observe those covenants then the landlord has the right to take back the property. Parliamentary legislation has placed restrictions upon the exercise of this right in relation to ground rents and service charge arre

Whether you are a leaseholder, a landlord, or a manager, your first point of reference will often be the lease. The lease will tell you what expenditure can be recovered as a service charge, how that expenditure can be recovered and what proportion of that expenditure the lessee is liable for. Most modern leases will contain a list of recoverable expenditure, either in a separate schedule, or by reference to the obligations of the landlord or RMC. If the lease does not clearly and plainly specify a part

Unpaid service charges can hamper good block management and the debt recovery process can be challenging and time-consuming for landlords and managing agents, putting a huge dent in cash flow. When it comes to successful service charge arrears collection it’s important to have sophisticated systems and processes in place that not only get the cash back into your estates quickly, but also maintain the leaseholder relationship. When clients seek help from solicitors with recovering service charge arrears,

Failure to comply with restrictions on services charges is one of the biggest reasons why leaseholders withhold payment. Put simply, if they are not demanded in accordance with the lease and the statutory requirements placed on landlords, they may not be payable until the problems have been rectified. In some cases, the money may never be recovered. Service charges are payments made for services, repairs, maintenance, improvements, insurance, or the costs of management. Leaseholders have a duty to contr

In line with best practice, if a managing agent has a specialist issue, it will seek the help and advice of a specialist. So when it comes to buying electricity, gas, oil and water for your block of flats, do you consider utilities as a specialist area? Is the managing agent best placed to ensure the client enjoys the most competitive rates for their common parts electricity and gas or oil for their communal boilers? When renewal notices appear on the managing agent’s doormat, is the managing agent sav

What’s your role at Livingcity? My core roles and responsibilities include the day to day management of a portfolio of properties and staff within Livingcity’s residential management instructions. I aim to ensure optimum service delivery to the clients, residents, property owners and other stakeholders we work with. How long have you worked in the property management profession? I have a seventeen year career within both the commercial and property management fields. For the past nine years I have work

Moretons Property Services Limited has experienced a transformation and October 2014 has seen the completion of a rebranding process that sees the company focus on the traditional elements of the business. The rebranding project strives to consolidate Moretons as a leading residential property company in the heart of London. The rebrand has seen a complete overhaul with a brand new logo which is available in blue and a reversed version, a new typeface, changes to the interior and exterior at the Moreton

With colder weather setting in and the chance of freezing temperatures this winter, one thing every Managing Agent needs to get right is heating. The demand on boiler plant and district heating rises as outside temperatures drop. Small faults can become big problems and older plant can struggle to cope. Yet residents in apartment blocks need reliable heating and hot water. So how can expectations be achieved? The most important step is to put in place a regular maintenance schedule, tailored to the buil

Addleshaw Goddard has hired real estate specialist Helen Worth as a partner in its London office. Helen joins from Hong Kong firm Cordells, a real estate law company which she co-founded. She has had extensive experience in advising on complex property matters across Asia, including acting for the purchaser in closing Hong Kong’s largest single office acquisition to date. Helen also has substantial UK real estate experience with Linklaters in London. Helen said: “Addleshaw Goddard has a great real estate