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A recent case from the High Court of Justice has clarified an interesting point of enfranchisement law.   The case concerned Barrie House, a block of 37 flats in West London, opposite Kensington Gardens. The lessee claimants had served an Initial Notice under the Leasehold Reform Housing and Urban Development Act 1993 seeking to exercise their right to collectively enfranchise the freehold of the building as well as the gardens and driveway to the property.  The defendant freeholder accepted that the

“The landlord seeks to recover money from the tenant. On ordinary principles there must be clear terms in the contractual provisions said to entitle him to do so.” (Gilje v Charlgrove Securities) If there is any ambiguity in a lease, it will be construed against the landlord. The obligation to contribute towards an expense must arise “clearly and plainly from the words that are used”. If it does not, it will not be recoverable. A well drafted modern lease will expressly allow the landlord or managemen

The most proactive way to deal with Section 22 of the Landlord and Tenant Act (LTA) 1985 is to be open and transparent with lessees about service charge expenditure from the outset so you as an agent voluntarily provide an alternative procedure to allow clients and lessees to scrutinize expenditure and reduce the possibility of service charge disputes.   Section 21 LTA 1985 gives leaseholder(s) or secretary of a recognised residents association a statutory right to seek a summary of the service charge

The MD of a large block management company, recently publicly supported the need for improved professional standards and suggested this can best be accomplished through size. The explanation was that size equals professionalism and small meant amateur. Whilst I would strongly disagree with the main thrust of this argument there are some key points to bear in mind;   How open is the market for block management? Whilst anyone can purport to be a block management company, if you follow the m

Lucy Barber and Chris Myers become Partners at Forsters Both new partners advise on all areas of residential property law and practice and will be an important part of the firm’s development in this area. Lucy, who trained with Forsters, has particular expertise in leasehold enfranchisement and is highly regarded in this area. Chris has an emphasis in the development market and acts for both developers of and investors in residential property.   Paul Neville, Head of the Residential Property Group s

St George’s fulham reach is a prime example of this new breed of development. With its health spa, virtual golf simulator, wine cellar and private screening room, it could very easily be mistaken for a five star hotel!  Whilst all of these amenities are undoubtedly fantastic for the residents, what do they mean for estate managers? Whilst the traditional duties of an estate manager still apply, the move away from residential-only developments has brought with it new challenges and a shift towards a new

Interviewing prospective employees is one of the most important activities employers do, and a chance for the best candidate to secure the job of their dreams. Here are the key areas that will help you conduct a good interview and maybe secure the role you want:- Tips for Interviewers Identify the best person in your company to conduct the interview. Some interviewers have a 100% hit rate and everyone wants the job; others never get anyone to accept.   Prepare by reviewing the candidate’s CV in a

The idea of seeking out and logging CPD opportunities used to be daunting. However once started, it’s really quite easy, lots of fun and gives you an edge over non-IRPM members. A summary of elements of my CPD year follows.   January: A presentation by ILECS lift consultants – I learned about current legislation, statutory requirements and best practice for ensuring lifts are properly maintained on a day-to-day basis and long term.   February: A seminar by Tetra Consulting about the changes in the

Over the years we have seen the block management market change and mature substantially, from a job to a fully-fledged career opportunity.     Ten years ago there were a number of specialist managing agents, many of which were residential management departments bolted on to surveying firms whose focus was predominantly commercial property. Interestingly many took flight and sold their operations in residential block management only to complete a full circle starting new department, forging teams and c

You may well ask why a lawyer is writing about professional indemnity (PI) insurance. The answer is as legal advisers to the property management industry, we regularly see managing agents with inadequate or, worse still, no PI insurance in place. And a badly worded (or non-existent) insurance policy can impact heavily on an agent’s ability to defend claims from disgruntled clients. Simple errors can lead to substantial negligence claims that can not only hit your coffers but also do long-term damage to pr

ONLY 23% of the 1,252 large apartment buildings across inner London (containing 30+ residences) has either a Concierge or employs a full time porter, but more would readily welcome and subscribe to a similar service. This is the finding of recent detailed research into the ownership, services, management and running costs of apartment buildings in London. This figure is noticeably higher in prime central areas such as Kensington (where 80% of buildings have a Concierge) and Marylebone (with 60% of bui

“The landlord seeks to recover money from the tenant. On ordinary principles there must be clear terms in the contractual provisions said to entitle him to do so.” (Gilje v Charlgrove Securities) If there is any ambiguity in a lease, it will be construed against the landlord. The obligation to contribute towards an expense must arise “clearly and plainly from the words that are used”. If it does not, it will not be recoverable. A well drafted modern lease will expressly allow the landlord or manag