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On 22 January, the Court of Appeal handed down its decision in Bolton v Godwin-Austen [2014]. The decision was in favour of the tenants. The Court revisited Burman v Mount Cook Land Limited [2002].* The case has been a ‘wake-up call’ for landlords and their advisers in relation to the drafting of counter-notices under the 1993 Act. 17 Clarges Street is a substantial building in Mayfair. There was a head lease in favour of St. Anselm Development Company Limited. Each of the flat underleases included the

A common complaint of tenants is that their property has been badly managed and/or the landlord is collecting excessive amounts of service/administration charges. To deal with these problems, the First Tier Tribunal (FTT) has the power to appoint a manager and/or receiver to manage the property instead of the landlord or his agent. The right can be exercised pursuant to Section 24 of the Landlord and Tenant Act 1987. The role of the manager The manager appointed by the FTT is not appointed to favour the

The latest house case has confirmed that the issue of what constitutes a “house” under the Leasehold Reform Act 1967 is going to continue to test judges. It concerned two derelict buildings on the Meyrick Family Estate in Bournemouth. They were acquired by Brightbest Limited at auction from a housing association in 2008. The first building was originally constructed in 1876 as a private dwelling house and had been used as such until 1927. The second building was a coach house to be used in connection wit

London managing agents Managed Living Partnerships (MLP) today announce that they are one of the first three managing agents in the country to have achieved accreditation to ARMA-Q, the new regulatory regime for residential leasehold managing agents. Their accreditation puts them at the leading edge of best practice in property management. From 2015 flat owners who use ARMA-Q accredited agents to manage their property will be guaranteed a number of safeguards including: Higher professional standards an

Property repairs software provider Fixflo has won the hotly contested category of Lettings Supplier of the Year in the prestigious Lettings Agency of the Year Awards in association with The Sunday Times and The Times. The Fixflo system which helps tenants to accurately report repairs in any of 40 languages and speeds up the repairs process was commended by the judges for being a ‘unique and innovative product’ which has been rapidly adopted across the Lettings industry. Rajeev Nayyar, Managing Director o

QUESTION I live in a large block of flats (160) and we currently have a Tenants Association. We have had a long period of having a receiver and manager of our building due to the fact that in the past tenants felt aggrieved at the way the freeholder was running the building. At long last, we seem to be in the last stages of managing to purchase the freehold, which will be owned by a special purpose vehicle, the current leaseholders being shareholders. The directors of the company purchasing the freehold a

If both the flat owner and the freeholder do nothing further and the lease simply ‘runs out’, the flat owner will not have to leave the flat as the lease will become what is known as an ‘assured tenancy’. This type of tenancy is different from the ‘standard’ domestic rental agreement (the assured periodic tenancy, or ‘AST’) as it has far greater security of occupation for the tenant and the rent is effectively subject to statutory control, and the parties will have to apply to a rent assessment committee

Whereas the “oak” anniversary to commemorate 80 years of marriage is a celebration that only a few lucky couples will enjoy, you may however be fortunate enough to be one of many people who own a flat on a lease with more than 80 years left to run. If so, you’re in luck. This is because the cost of your new lease will be appreciably less than for an equivalent flat held on a lease that has 80 years or less unexpired. The Leasehold Reform, Housing and Urban Development Act 1993 provides flat owners with

SCENARIO You are a qualifying leaseholder – that is to say, you have been the registered owner of a flat for more than two years – and you own a lease that has 61.5 years remaining. Your financial advisor advises that you should extend your lease before you re-mortgage. You live in a large block of flats (it could be a small block), and you are aware that other residents bought the freehold several years ago. Your neighbours say that they have a share of freehold and the freehold company is actively loo

The residential service charge world is reconciling itself to sitting on tenterhooks for another five months following the adjournment to 13 October, 2014 of the Court of Appeal hearing in Phillips v Francis [2012] EWHC (Ch). In that respect it joins its Right To Manage counterpart, which has, since January this year, had the rug of certainty pulled from under its feet by the granting of permission to appeal in Ninety Broomfield Road RTM Company Ltd v Triplerose Ltd [2013] UKUT 0606 (LC). Ninety Broomfi

On November 12, 2013, the FTT delivered its decision on The Earl Cadogan & Another v (1) 25 Hans Place Freehold Limited & (2) Freehold Estates Limited. This was a complex collective enfranchisement case. The freehold interest at 25 Hans Place was owned by the Cadogan Estate, subject to a head lease over the whole building. Qualifying leases were granted from this - four of these had been extended under the 1993 Act; the fifth remained extremely short. The leases demised the flats in the premises, save fo

It is becoming increasingly popular for leaseholders to take control of their building by acquiring the Right to Manage. Since its introduction under the Commonhold and Leasehold Reform Act 2002, leaseholders can exercise this right, as long as they meet certain qualifying criteria and follow the correct process. The internet is awash with information on the subject and it is often the right choice. But it is important to be aware that it isn’t a leaseholder’s only option and might not be the answer you