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George Bartlett QC, the President of the Upper Tribunal (Lands Chamber), has given judgement in favour of Southwark London Borough Council against two flat owners, who sought to avoid liability to pay for major works. The works at Stanswood Gardens included asbestos removal, roof works, the renewal of the doors, windows and cladding panels at an estimated overall cost of £1,279,344. The flat owners argued they were not liable to pay because the costs had been incurred more than 18 months earlier, and we

Website of the Year         Winner: Lease Clinic The judges were impressed by the innovative way Comptons Solicitors created a specific website to provide a bespoke fixed price legal service aimed at flat owners, which has not only won significant business for the firm but also streamlined the legal process to provide an efficient service for lessees. This has also led the firm to be involved in two significant legal cases, helping to clarify the law on leasehold enfranchisement. Highly

These limits are used to determine whether certain rights are available to residential long leaseholders, such as the right to remain in their properties as assured tenants when their lease comes to an end, to extend the lease of their leasehold house or to purchase the freehold of a leasehold house (enfranchise) on particular terms. The consultation is being conducted exclusively online and responses are sought by 12 September 2011. For a link to the consultation website and further information click her

Website of the Year Winner: Lease Clinic Highly Commended: Marr-Johnson & Stevens FInalists: Right to Manage Federation, , Canonbury Management, Marr-Johnson & Stevens, Remove-a-landlord.com   Barrister of the Year, sponsored by Pemberton Greenish Winner: Ellodie Gibbons (Tanfield Chambers) Highly Commended: Anthony Radevsky (Falcon Chambers) FInalists: Paul Letman (3 Hare Court), Ellodie Gibbons (Tanfield Chambers), Anthony Radevsky (Falcon Chambers)   London Solicitors of the Year, s

The finalists in the Enfranchisement & Right to Manage Awards 2011 are: Website of the Year Right to Manage Federation, Lease Clinic, Canonbury Management, Marr-Johnson & Stevens, Remove-a-landlord.com Barrister of the Year, sponsored by Pemberton Greenish Paul Letman (3 Hare Court), Ellodie Gibbons (Tanfield Chambers), Anthony Radevsky (Falcon Chambers) London Solicitors of the Year, sponsored by Tanfield Chambers Forsters, Comptons Solicitors, JPC Law, Bircham Dyson Bell, Pemberton Greenish R

In Jones v Kaney [2011] UKSC 13, by a 5:2 majority verdict, the Supreme Court have stripped expert witnesses of their immunity from being sued in negligence by their clients. The Supreme Court did not accept arguments that removal of immunity would make expert witnesses reluctant to accept instructions or to comply with their overriding duty to the court. The duty of experts to comply with Part 35 of the Civil Procedure Rules (CPR) and assist the court did not conflict with their duty of care owed

The Administration happened soon after Peverel’s high profile owner, Vincent Tchenguiz was arrested by the Serious Fraud Office. Mr. Tchenguiz was released without charge by the SFO and the administration was not directly connected with Mr Tchenguiz’s arrest. The Peverel Group is one of the largest property management companies in the UK for both the retirement and open market (non-retirement) residential sectors with approximately 190,000 units under management and approximately 4,000 employees. Adm

The most common circumstances in which leaseholders are to be in a position to appoint a manager are: the acquisition of the Right to Manage; Collective Enfranchisement; Where the freeholder is falling short of fulfilling his obligations under the lease and the leaseholders apply to a Leasehold Valuation Tribunal (LVT) for the appointment of a new manager: and Where leaseholders are the sole members of a management company usually under a tri-partite lease. First and foremost, leaseholders need to con

To be wholly effective, a Resident Association needs to be formally recognised. There are an increasing number of cases whereby recognition has been granted but then the Association fails to continue to adhere to the conditions stipulated when formally recognised. Landlords and managing agents acting on the freeholders behalf generally encourage the formation of properly constituted and democratically run Associations. These are set up to represent the collective interests of the lessees either voluntari

In the case before the Court, a mansion block containing eight sub-blocks of 20 flats could enfranchise as “part of a building” even though each block could be further divided into groups of 10 flats.  Providing the proposed enfranchised “part of a building” is self-contained within the meaning of Section 3 of the Leasehold Reform Housing and Urban Development Act 1993, the building qualifies for a freehold purchase by the leaseholders.

"Currently, squatters must only have gained access via an open door or window and not have forced their way into a property to be deemed a squatter," explains Elaine Dobson. "Justice Secretary Ken Clarke needs to be clearer; he suggests that those who 'force' their way into empty properties will face a prison sentence' if squatters rights are revoked. However, the squatters' bible ensures that any person considering squatting should not cause criminal damage when they gain entry. [extra:quotes:boxoutco

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