Tuesday, June 12, 2018 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...

Tuesday, June 12, 2018 Bob Smytherman Guest Contributors

Bob Smytherman is Chairman of the Federation of Private Residents Association and has been tirelessly campaigning for the rights of leaseholders for over 20 years. In this opinion piece he takes a look the Section 38 Highway Agreements (road adoption) and the very real possibility of leasehold (and possibly freehold) home owners being compelled to pay for road maintenance in addition to paying their Council Tax.

Section 38 of the Highways Act 1980 enables the Highway Authority to agree to ado...

Tuesday, June 12, 2018 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 it’s terms.

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

Tuesday, June 12, 2018 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...

Tuesday, June 12, 2018 ALEP Guest Contributors

Leasehold Life is pleased to publish the following article, reproduced with kind permission of the Association of Leasehold Enfranchisement Practitioners (ALEP).

The article explains what happens when the freehold is sold but you were not told and you now want to know whether the sale went through fairly.

If you did not receive a Section 5 Notice from your freeholder then they should have followed a very strict process. If it was sold on the open market then you and your neighbours in the b...

Tuesday, June 12, 2018 Shamin Kashem Guest Contributors

The following article from guest contributor Shamin Kashem, Solicitor at award winning HPLP, highlights the situation that some leaseholders find themselves in when they want to buy the freehold but the freeholder owns and lives in one of the other flats in the block. 

Different scenarios will be illustrated by starting off on the basis that the flat owner would not qualify because of the “resident landlord exemption” which is set out in s10 of the Leasehold Reform Housing and Urban Developme...

Tuesday, June 12, 2018 Shamin Kashem Guest Contributors

Shamin Kashem is a Solicitor at the award winning Housing and Property Law Partnership. For this article he is looking at why flat owners who jointly own their property and who are about to sign a Transfer of Equity (e.g. as a deed of gift, or on separating/divorce, or perhaps due to a remortgage) should seriously consider a lease extension under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (the 1993 Act). It could save or could lose thousands of pounds!

Anyone w...

Tuesday, June 12, 2018 David Whitney Guest Contributors

David Whitney is a Solicitor at specialist Landlord and Tenant law firm PainSmith Solicitors who are described by Chambers and Partners as “a rarity in the UK as a true landlord and tenant boutique”. They are widely acknowledged as the leaders in the field, are accredited to the Law Society Lexcel and the Investors in People standards and provide training and legal services to “an impressive range of real estate clients”.

David also contributes to the PainSmith Landlord and Tenant Law Blog.


Wednesday, June 20, 2018 Sharon Crossland AIRPM Service Charges

The legislation that covers the rights of leaseholders under the terms of their lease in relation to service charges is that of the Landlord and Tenant Act 1985 and the Landlord and Tenant Act 1987 which expands on the framework of the 1995 Act.

Another area of service charge control is set out by the ICAEW Tech 03/11 Residential Service Charge Accounts which is now recognised as best practice and included in the RICS Service Charge Residential Management Code and Additional Advice 3rd Editi...