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Appointment of a Manager

Leaseholders dissatisfied with the management of their block or development will often turn to their rights under the Commonhold and Leasehold Reform Act 2002 to exercise the right to manage, or where appropriate to a collective enfranchisement under the Leasehold Reform, Housing and Urban…

The importance of appointing the right Manager

The Landlord and Tenant Act 1987, provides that residential long leaseholders may apply to the First-Tier Tribunal (“FTT”) for the appointment of a Manager in place of the Freeholder or other Manager. The application needs to show default on the part of the Freeholder or other Manager. Where the…

Who is the Accountable Person in a higher risk building?

In the case of Octagon Overseas Limited -v- Mr Sol Unsdorfer from December 2023 , the First Tier Tribunal (“the FTT”) considered an application for a determination on the identity of an “accountable person” for the purposes of the Building Safety Act 2022 (“the Act”). Their decision is important in…

Cessation of the right to manage - what next?!

This week’s Legal Update considers what the position would be if a Right to Manage Company (“RTM”) were to fail and be made insolvent. RTM’s are fragile entities from a financial perspective. They are generally limited by guarantee, do not trade for profit and they have no assets. Accordingly, they…

Legal and practical considerations where directors are not enforcing the terms of the lease

Whether you are a managing agent or leaseholder, from time to time you may come across a situation where the directors of the landlord, RTM company or RMC are not (or give the impression they are not) taking sufficient action in respect of a breach by another leaseholder in the block or…

Client referrer Q&A’s

Whilst the Coronavirus has caused untold havoc with working practices around the UK and the world it was imperative for our clients and those professional managing agents alongside whom we work that they were not found wanting over this commercially ‘interesting’ period. At KDL Law we have, like…

Smoking or dealing drugs on your developments

As much as it might be interesting to write an article, from a legal perspective, on how to smoke and deal in drugs on your developments, that is not what this update is about. Hopefully, despite that news, some of you still wish to read this update! We have been asked by one of our subscribers for…

25 March 2020 Demands and COVID-19 Coronavirus

Well, it just got a whole lot more serious following the Prime Minister’s address to the nation on Tuesday evening. However, how does what is occurring right now affect professional Property Managers, Landlords (“LL”), RTM Companies (“RTM”) and Management Companies (“RMC”) in the management of…

What can you do about abandoned vehicles on your development?

Whether it is an obstruction or it simply should not be there, an abandoned vehicle can be the cause of much angst for residents and managers on any development. But what can be done by the landlord, management company or managing agent, particularly where the vehicle is not on the public highway?…

Warning - Email sign-off may amount to a binding agreement!

In the recent case of Neocleous v Rees [2019] EWHC 2462(Ch) an email with an automatically generated signature was considered sufficient to bind the parties to an agreement for the transfer of land in settlement of a right of way dispute. This case is of particular relevance in an increasingly…

Letting Property - Things to Consider

All flats and some freehold property (particularly those on managed estates) are subject to covenants affecting how the property is to be used and setting other rules in relation to, for example, if, when and to whom the property might be let. It is most important therefore for Property Owners and…

Everything You Always Wanted to Know About Service Charges During Coronavirus* (*But Were Afraid to Ask)

We are now officially 6 months into this interesting period that is 2020. We are all adorning face masks to leave the house, anti bac spray is now a staple in most bags or pockets, we give a wide berth to people walking toward us down the street and we haven’t shaken anyone’s hand for what seems…