Law Society guidance on building safety for flat buyers

On 10th August, the Law Society published a guidance note to help home buyers and sellers to understand building safety and cladding issues. The guidance note is available here:   What's covered by guidance note? The guidance note covers issues including: the issues to be investigated before a transaction proceeds, [...]

By |2021-11-27T17:22:10+00:0013 August 2021|Blogs, fire safety|0 Comments

Commonhold Council

On 13th May 2021, Housing Secretary Robert Jenrick launched the Commonhold Council.  The Commonhold Council will be chaired by Building Safety Minister, Lord Greenhalgh, and is an advisory panel of leasehold groups and industry experts who will inform the government on the implementation of a reformed commonhold regime.   [...]

By |2021-07-18T15:12:52+01:0016 June 2021|Blogs, commonhold|0 Comments

Does defective cladding render a flat “unsuitable for use as a dwelling” for SDLT purposes?

The tax chamber of the First-Tier Tribunal grappled with this question as to whether defective cladding on a block of flats renders a flat “unsuitable for use as a dwelling” for SDLT purposes.   The statutory position Section 42 of the Finance Act 2003 provides for a charge to tax [...]

By |2021-06-27T23:04:36+01:0027 May 2021|Blogs, fire safety|0 Comments

Leasehold Reform (Ground Rent) Bill introduced

Following the announcement in the Queen’s Speech, the government has introduced the Leasehold Reform (Ground Rent) Bill. The Ground Rent Bill restricts ground rents on newly established long residential leaseholds to one peppercorn per year, thus effectively restricting ground rents to a zero financial value. The Ground Rent Bill [...]

By |2021-07-18T19:12:13+01:0020 May 2021|Blogs, ground rent, legal update|0 Comments

Service charge demands: has notice been given in accordance with the lease provisions?

I’m regularly to be found on my soap box espousing the need to read, understand and implement the terms of leases, particularly where service charges are concerned.  In H Stain Ltd v Richmond [2021] UKUT 66 (LC) the Upper Tribunal considered a lease clause which required the lessee to be [...]

By |2021-06-27T17:06:10+01:0027 April 2021|Blogs, legal update, service charges|0 Comments

RTM: are lessees still required to pay charges for the estate following acqusition?

Owners of residential leasehold property are able to exercise a statutory Right to Manage (RTM) under the Commonhold and Leasehold Reform Act 2002 (“the 2002 Act”). The difficulties which can arise when dealing with estate services and well known, and were under consideration again by the Upper Tribunal (Lands Chamber) [...]

By |2021-06-27T17:31:36+01:0014 April 2021|Blogs, legal update, RTM|0 Comments

Recovery of insurance costs: does it matter if the policy hasn’t been placed in joint names?

*Most* leases contain a covenant that requires a landlord (or management company) to place insurance.  Clauses vary from lease to lease.  For example, some leases specify (in detail) the perils against which insurance should be placed.  Whereas others are less prescriptive. Some leases require a landlord to “note” the interest [...]

By |2021-06-29T21:40:06+01:0029 March 2021|Blogs, insurance, service charges|0 Comments

When is a demand a demand for the purposes of section 20B?

There are a raft of contractual and statutory restrictions on the recovery of service charges. In certain circumstances, failing to adhere to those restrictions is fatal to the recovery of service charges.   The 18 month rule Section 20B of the Landlord and Tenant Act 1985 is one of the [...]

By |2021-06-27T17:53:05+01:001 March 2021|Blogs, legal update, service charges|0 Comments

Corporate governance vs. leasehold management

I often talk about the different “hats” individuals wear.  This is because an individual can (and often does) have two roles; as lessee and also as a member of a management company. There are lots of examples of lessee owned and controlled companies; residents’ management companies in tripartite leases, right [...]

By |2021-06-27T22:55:33+01:0027 February 2021|Blogs, company matters, legal update|0 Comments
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