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Should Landlords/Managing Agents serve Section 20 Notice on Lessees in breach?

We are commonly asked by our clients and their managing agents, if the Landlord should serve a Section 20 Notice on any Lessee whose arrears (or other non-monetary matter) are currently with legal advisers and are as yet to be concluded. You are probably already aware that if the Landlord fails to…

Do you need to re-consult if you change contractor midway through major works?

It is, sadly, all too common that major works projects change once commenced or, as in the case in this Legal Update, the chosen contractor goes off job and a new contractor needs to be found to finish the job. In such circumstances do you need to re-consult? This question was considered in the…

Upper Tribunal considers whether flat door is a ‘landlord’s fixture’

We are increasingly being asked by landlords and management companies ‘who owns, and who has responsibility for, flat entrance doors?’, particularly where upgrades to fire compliant doors are required. Whilst the new Fire Safety Bill , which had its second reading in the House of Lords on 01…

Further £3.5bn made available by Government for remediation of unsafe cladding

Last week, the Government announced a ‘ 5-point plan ’ backed with £3.5bn of funding, said “ to bring an end to unsafe cladding ”. The plan includes :- Government funding for the removal of unsafe cladding for leaseholders in ALL residential buildings 18 metres and over (6 storeys) in England; A…

Dispensation and Section 20C Costs

In this Legal Update we focus on two cases that have a bearing on when dispensation might occur and how section 20C might adversely affect a landlord generally and in relation to even a successful dispensation claim. Dispensation - Aster Communities v Chapman and others [2020] UKUT 177 (LC) Where a…

To consent or not to consent, that is the question … (Part Two)

In January 2019 ( here ) we reported on the Court of Appeal’s decision in the case of Duval v 11-13 Randolph Crescent Limited [2018] EWCA Civ 2298 , which caused ripples throughout the leasehold sector, with serious implications for landlords concerning the issue of consents. That decision was…

Insurance Excess - Is this a service charge cost?

The cost of insuring residential developments has seen some sizable increases over the past few years and we are regularly advising Landlords and Leaseholders in relation to whether the cost of insurance procured by the Landlord RMC or RTM is reasonable. In addition to the hike in the cost of the…

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…