Featured Articles

Get the answers to your questions and stay up to date about apartment building management with our featured articles and NOTB guides, on topics such as service charges, right to manage, buying your freehold, major works, building insurance and other issues about blocks of flats.

Expert witness immunity

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

 "Business as usual" for Peverel

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

How to Appoint a Manager

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

Dysfunctional Residents Associations

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

Court of Appeal confirms what a "self contained building" is for enfranchisment purposes

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.

Abolition of Squatters' Rights Depends Upon Definition of 'Squatter' Says Property Lawyer.

"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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Government Ignores Flat Owners' Concerns Over Car Clamping Ban

Federation Chairman Bob Smytherman said: 'Lynne Featherstone's understanding of car clamping is depressingly naive. She naively thinks 'landowners' can just erect barriers, having no understanding that 'landowners' also includes leaseholders - in blocks of flats who could be forced to pay for the installation and management of barriers, and most likely the lease will not allow it. This will bring misery to a lot of people' The FPRA argues that the real problem is rogue car clampers, and the solution is t

Barbon Continues Devolution Strategy With New Training.

“We are working towards each Head of Business taking complete ownership of their individual divisions and the business leadership training programme is already proving beneficial in that respect.” Explains Nick Sharp, Group Managing Director at Barbon. He continues: “In a relatively short period of time, it has highlighted areas that need further strengthening, including the fact that our Heads of Business are still too hands-on -perhaps due to a skills gap across middle management in some divisions. “

Over 50% of UK Homebuyers Misunderstand Surveying

According to Homebuyer Online’s recent studies, a quarter of all purchasers will end up out of pocket to the tune of £1,000 because of their own misunderstanding relating to the Homebuyer Report, designed to highlight potential problems with their new property. Homebuyers are under the impression that a bank or building society mortgage valuation and a Homebuyer Report are one and the same. "This is simply not the case", says Homebuyer Online's managing director and surveyor Hugh Greenhouse. "A mortgage

Women’s ‘Human Rights’ Arrears Eviction Could Promote Defaulting Tenants

Paul Shamplina, Founder of eviction specialists Landlord Action believes decisions such as this simply encourage others to use the human rights laws to avoid eviction. “I am astounded by this decision. Many will be asking the obvious question: what about the rights of the landlord? In recent months, we have presented many case studies where landlords are facing, or are close to facing, repossession of their rental property due to tenants falling behind on the rent” Mr Shamplina, who founded Landlord Act

First Guidance for Freeholders of Houses on Private Estates

Freeholders living on a private estate with obligations to pay service charges for the upkeep of common areas, do not enjoy the same protection as leaseholders even though they are paying for the same service and possibly even into the same fund. The Government has passed a number of Acts of Parliament giving rights and added protection to leaseholders of flats that pay service charges which do not apply to freeholders. Indeed there is even a different legal term for a freehold service charge: 'rent char

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