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Saturday, April 06, 2019 Sharon Crossland AIRPM My Leasehold Life

We knew long before we took over management that our block was subjected to uncontrolled sub-letting and our difficulty lay in establishing just how many landlords had council tenants and how many had private sector lets. A combination of an absent freeholder and old leases that don’t contain a key clause of not allowing the sub-letting the whole of the flat to a Housing Association, Local Authority, (or any other body whose objects include the provision of housing accommodation), meant that ...

Friday, April 12, 2019 Sharon Crossland AIRPM My Leasehold Life

Whilst we know that leaseholders can challenge their service charges via the First Tier Tribunal (FTT), our small freehold-owning RMC ended up in front of it for the first time in 11 years in 2018. Two leaseholders, a husband and wife (who also operate as landlords), had both owned their flats for 7 years, but they decided to stop paying. They let the in-house processs of our managing agent become exhausted, didn’t contact either our RMC or our managing agent with their concerns and waited ...

Saturday, April 06, 2019 Mark Chick Guest Contributors

Mark Chick is a property expert, specialist leasehold solicitor and a Partner at Bishop & Sewell LLP. He is also a Director of the Association of Leasehold Enfranchisement Practitioners (ALEP) Here, Mark has written an exclusive for Leasehold Life where he focuses on a key element of the valuation calculation used to work out the cost of extending a lease or purchasing the freehold, that of deferment rate.

Part of the valuation calculation to work out what the premium to extend your lease or ...

Saturday, April 06, 2019 Mark Chick Guest Contributors

Leasehold Life is very pleased to publish this exclusive from Mark Chick, property expert, specialist leasehold solicitor and a Partner at Bishop & Sewell LLP. Mark is also a Director of the Association of Leasehold Enfranchisement Practitioners (ALEP).

Here Mark addresses a lot of ‘consumer concerns’ arising when people want to buy a short lease flat and then need to serve notice.

So, you have found the dream flat and made your offer and it has been accepted – and then, someone starts mentio...

Saturday, April 06, 2019 Mark Chick Guest Contributors

Mark Chick is a property expert, specialist leasehold solicitor and a Partner at Bishop & Sewell LLP. He is also a Director of the Association of Leasehold Enfranchisement Practitioners (ALEP). Here, Mark has written a follow-on article to some background content that he provided to the Guardian on the 8th May 2014, explaining what happens next where a flat originally held on a long lease (99 or 125 years) is running down to the point where it will ‘expire’ – i.e. simply run out.

If both the...

Saturday, April 06, 2019 David Whitney Guest Contributors

In a case before the Upper Tribunal (Lands Chamber) Denise Green v. 180 Archway Road Management Company Limited [2012] UKUT 245 (LC) an issue arose as to whether or not insurance premiums were recoverable. Solicitor David Whitney of Landlord and Tenant specialist law firm Painsmith Solicitors emphasises the importance of both parties to the lease complying fully with its terms.

In brief the facts were that LVT at first instance found that the insurance premiums for the disputed years were re...

Saturday, April 06, 2019 Laura Severn Guest Contributors

Laura Severn is a Legal Executive and Operations Director and Head of Client Care at award-winning Brady Solicitors. In this article, Laura provides a succinct overview of the importance of Directors and Officers Liability insurance when leaseholders take on the role of RMC Directors.

Directorship of a company brings with it a number of demands and responsibilities and, as a director of a Residential Management Company, it’s essential to understand the scope of your role before agreeing to ta...

Saturday, April 06, 2019 Laura Severn Guest Contributors

Laura Severn is a Legal Executive and Operations Director and Head of Client Care at award-winning Brady Solicitors.

In this article Laura explains how serious the potential consequences can be for leaseholders when they breach any of their lease covenants, even if the breach may seem insignificant.

If a leaseholder breaches any of the terms of their lease their landlord may have a right to forfeit the lease and recover possession of the property. Breach of alteration covenants or repairing ...

Tuesday, April 23, 2019 Sharon Crossland AIRPM Fitness and Repair of Rented Flats: Legislation

The Homes (Fitness for Human Habitation) Act 2018 amends s10 of the Landlord and Tenant Act 1985 (repair, stability, freedom from damp, internal arrangement, natural lighting, ventilation, water supply, drainage and sanitary conveniences) by implying a covenant (promise) into a residential tenancy. This implied covenant is to ensure that the property is fit for human habitation at the beginning of the tenancy and throughout. The term ‘fitness for human habitation’ is defined in the same secti...