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Negotiating an 'arms length' lease outside the Leasehold Reform Housing and Urban Development Act 1993 (the "Act") might initially appear a cheaper, quicker option but there are potential pitfalls. Parties ultimately have to make a pragmatic decision on global costs but should always consider the following: 1. Timescales Timescales may slip and parties cannot drive matters forward in extensions outside the Act. Landlords can withdraw at any time leaving leaseholders with no other option than to re-com

Just as we thought it was safe that deferment rates were fixed, a coach and horses has come crashing through the door. The story so far: in Sportelli the Upper Tribunal (Lands Chamber) set the rates at 5% for flats and 4.75% for houses. Last November, in a case concerning Kelton Court, Edgbaston (known as the Zuckerman case), the Tribunal determined that the deferment rate was 6%. Why the changes? In Sportelli, which was in prime Central London, the deferment rate for flats was arrived at as follows:

[image1]NOTB Podcast with Siobhan McGrath, Leasehold Valuation Tribunal In this podcast Nicolas Shulman meets with Siobhan McGrath, Senior President of the Leasehold Valuation Tribunal

The recent case of Hosebay Limited v Hugo Benjamin Day and Lady Hilary Maureen Greenslade Day (2009) is the latest judicial offering on the thorny issue of what constitutes house under the Leasehold Reform Act 1967 (the Act). The case demonstrates the unintended consequences of recent changes to the Act which entitles lessees to acquire the freeholds of their houses under certain conditions.  Up until 2002, when the law was amended, it was a condition of enfranchisement that the claimant satisfied a res

Communal heating systems are very common within older blocks and it is inevitable that at some point the Residents Association will consider abandoning the system in favour of installing independent boilers and heating systems to each ¯at. Whilst the idea of each resident having their own heating system is desirable for all sorts of reasons, making it happen is not as straight forward as you would imagine, so in order to save you time and money on consultants and surveys let us ¯rst look at the practical

Over the past 10 years it has become a cliché for residential developers to hire famous architects. And in Liverpool Grosvenor didn't spare a penny by hiring international architect Cesar Pelli (famous for the Petronas Towers in Kuala Lumpur) to design their landmark city centre block, One Park West. So far, so good. But within weeks of the building's launch, One Park West had been nominated for Building Design's 2009 Carbuncle Cup - the magazine's list of the nation's ugliest buildings. Within days prot

Leading national property management company Peverel OM has relaunched as OM Property Management.Andrew Billson, Managing Director of Operations at OM Property Management, comments: "The OM brand has 30 years of heritage among house builders and developers so we have created a new brand identity that builds on our original name, taking us ‘back to our roots'. With a team of more than 50 regional field-based property managers who look after more than 1,100 residential developments across the UK, OM Propert

As we all shiver and long for the warmth of our comfy houses whilst commuting to work in the freezing weather, rodents share our sentiments and are also looking for cosy hideouts during the cold snaps. The house mouse is commonly found around a warm home during the winter months. Rats are usually associated with the outdoors. Infestations tend to occur in external areas with rats making their burrows nearby. Indeed, during winter months rats might also settle in warmer areas such as compost heaps, flower

Peverel Property Management has been awarded the prestigious Investors in People accreditation in recognition of its performance in training and developing its 1,200 staff. The independently assessed accreditation makes PPM the second division within the Peverel Group to achieve the prestigious accreditation in just 12 months following Careline UK and Cirrus achieving IIP status in 2008.

Federation of Private Residents Associations (FPRA) Chairman, Bob Smytherman has written to the Secretary of State with responsibility for the private leasehold sector calling for an independent regulator for the industry, similar to the one that regulates Council Housing and Housing Associations. This fresh call comes following a recent meeting of Retirement Sector Leaseholders in Chichester, West Sussex which was organised by the campaign group CARLEX (Campaign Against Retirement Leasehold Exploitation)

The Prime Minister, Gordon Brown, has been petitioned “to create a body which will oversee and regulate the leasehold management industry, enforce a proper code of conduct offering protection to owners of leasehold properties from unreasonable service charges and poor quality of service”. Over 800 people have signed up in support of the petition, which can be found at: http://petitions.number10.gov.uk/flatownerhelp/

Ruth Emanuel, Managing Director of Stonedale Property Management has been awarded Fellowship of the Institute of Residential Property Managers (IRPM) for her contribution to the property management industry over the past 23 years. Ruth Emanuel said: “I am thrilled to have received this recognition. Underpinning my passion for the property management sector is a firm belief that customer service and clients come first.” Ruth was selected by the IRPM’s board of governors to join a roll call of the 50 proper