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Law Commission Report on Leasehold Ownership

This week’s Legal Update looks at the (not so) bed time reading that is the 640 page Law Commission Report snappily titled “ Reinvigorating commonhold : the alternative to leasehold ownership” which was published at the end of July 2020. The full report can be found here As will be no surprise from…

Liability for Common Parts - A Common Problem

Amongst the many excuses we see for non-payment of service charges payable in respect of leasehold flats or freehold estates, “ I don’t have access to those common parts, so I don’t have to pay ” is one of the most common. This could be, for example, the owner of the ground floor flat with no need…

Ground rents to be banned for new residential leases

The government has just provided a fairly detailed indication of what steps it is to take to approach, what it sees, as unfair practices relating to rents on leasehold property and the sale of leasehold houses. Ground rents will be restricted to a peppercorn in future leases and new long leases of…

East Tower Apartments Limited v No.1 West India Quay Residential Limited

In May 2018 our Legal Update ( see here ) “ Limitation on recovery of service charges - “The 18 Month Rule” provided guidance on the limitations on recovering service charges from residential leaseholders under Section 20B(1) Landlord and Tenant Act 1985 and the importance of getting that right.…

Dealing with complaints of noise nuisance

Whether dealing with leasehold or tenanted properties, complaints of noise nuisance from neighbours present a number of difficulties for landlords, management companies and their agents. As well as the evidential burden to prove a breach of the lease or tenancy agreement has occurred, consideration…

Consultation for Code of Practice for Residential Property Agents

The Royal Institution of Chartered Surveyors and The Property Ombudsman are consulting on a new Draft Code of Practice for Residential Property Agents, which will cover estate agents in the UK and letting and managing agents in England only. It is important to note that the Welsh and Scottish…

Government ban on combustible materials for high-rise residential homes

Over six months after Dame Judith Hackitt concluded her review on Building Regulations and Fire Safety in the wake of the Grenfell Tower tragedy, Regulations have been introduced by the Government to ban combustible cladding for certain high-rise residential buildings. What premises do the…

The Keeping of Pets

Whether you are finding tenants for landlord clients or managing a development, the issue of pets and whether or not the occupier of a property is able to keep them at the property is becoming a more common question. A response from the owner of a property is often “ I own my flat [or house] so who…