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Minimum Energy Performance of Buildings (No. 2) Bill
What is it? The Minimum Energy Performance of Buildings (No. 2) Bill (“the Bill”), which extends to England and Wales only, will make provision to increase the energy performance of buildings, to include domestic premises, privately rented properties, owner occupied properties, social housing, new…
Dealing with squatters
KDL Law has recently acted in successfully obtaining a possession order against a squatter who had taken up residence in the underground carpark at a residential development. The matter was complicated by the fact that the parking spaces themselves were demised to the leasehold flat owners, and it…
Can you charge a fee to the leaseholder for drafting and serving demands?
In March of this year we reported on the decision of the Upper Tribunal (“UT”) in Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ) in which the UT overturned a finding of the FTT that a landlord could charge an administration fee of £30 plus VAT for serving a rent demand notice pursuant…
Dispensation from Section 20 Consultation - What is required to qualify as sufficient prejudice?
You will all no doubt be familiar with the obligation of a landlord/RMC/RTM to consult with leaseholders ahead of contracting for any major works or qualifying long term agreements, and will have seen our run of three articles here , here and here on the statutory processes to be followed to comply…
Where’s my notice?! Who should be consulted under Section 20 of the Landlord and Tenant Act 1985
This week’s Legal Update looks at a very important decision of the Upper Tribunal from 2016 that dealt with the question of who is to serve who with Section 20 consultation notices ahead of major works or entry into a qualifying long term agreement on a development that consists of leases and under…
The potential cost of dispensation from s.20 consultation
Those landlords, management companies, managing agents and leaseholders used to dealing with leasehold property will be all too aware of the need and process for consultation under section 20 Landlord and Tenant Act 1985 (“s.20”) ahead of contracting for major works (“qualifying works” , as defined…
Leaseholder or Shareholder? The tale of Morshead Mansions Ltd -v- Leon Di Marco
It has been 15 years since the Court of Appeal decision in Morshead Mansions Ltd v. Leon Di Marco but it is helpful to revisit the case as a refresher. The case looked at the difference between charges demanded of a leaseholder via the service charge (defined by Section 18 of the Landlord and…
The ‘Duval’ issue and possible solutions
We have already reported on the Court of Appeal and then Supreme Court decisions in Duval -v- 11-13 Randolph Crescent Limited ( see here ) and the effects that it has had on how landlords might approach the granting of licences for works or other matters. It is fair to say that most landlords have…
When will landlord’s insurance premiums be “reasonably incurred”?
Insurance premiums payable by residential leaseholders under the terms of a long lease must, like service charges, be “reasonably incurred” under Section 19 of the Landlord and Tenant Act 1985. Leaseholders can challenge insurance premiums which they consider to be unreasonable in amount in the…
What are your responsibilities and duties as a Director of the landlord or management company?
If you have not been a Director before, the prospect of taking on the responsibility of being a Director of a Resident Management Company (RMC) or a Right To Manage Company (RTM) will initially seem quite daunting. However, as long as you are aware of, and adhere to, your responsibilities and…
Requests for a Summary of Accounts and Supporting Invoices
In this update we re-visit the requirements for a reply to a formal request made by a leaseholder pursuant to Section 21(1) of the Landlord and Tenant Act 1985 (LTA 1985) and for inspection of documents under Section 22 of the LTA 1985. Request for a Summary of Relevant Costs - Section 21 LTA 1985…
Update on the abolition of Ground Rent
In November 2021 the Leasehold Reform (Ground Rent) Bill had its second unopposed hearing in the House of Commons and was sent to a Public Bill Committee for further scrutiny. The aim of the Bill is to address the rising ground rents that have been seen in recent years and tackle the ambiguity and…
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