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What happens if the Management Company dissolves?

Hopefully this is something that will not be a regular occurrence but given that most management companies appointed under a lease will have lay directors and no income or assets of its own to fall back on in the face of difficultly, this is something that does happen from time to time across any…

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…

Be careful what you do if your Tenant dies

We are grateful to Nearly Legal for highlighting this interesting County Court case on the issue of when a new tenancy might be created following the death of the tenant. Whilst the case relates to a local authority tenancy, the cautionary note is equally applicable to a private sector tenancy. The…

Groundhog day - Can the FTT be asked to revisit an already decided claim?

The obvious answer to the question above, and the answer that the First-Tier Tribunal (“FTT”) gave in this matter at first instance, was ‘no’. Where the FTT has already decided a matter the same claim cannot be brought again in the FTT. There is nothing wrong with that finding you might think. But…

Legal costs paid through the service charge - are they always permitted?

This legal update discusses the case of Arun Mirchandani -v- Thanet Lodge (Mapesbury Road) RTM Co Ltd (2023) . This case relates to a dispute as to the reasonableness of service charges imposed by the respondent RTM Company in relation to works and costs at the block but also certain legal fees and…

To enforce or not to enforce? - That is a valid question

Well, here we all are, three months into lockdown and, with some clear relief, the slow release from isolation seems to be coming our way - and just in time for the summer too. What could be better? Given that lockdown started shortly before the March Quarter Day and we have just passed the June…

Leaseholders' choice of contractor must be included in Statement of Estimates (Section 20 consultations)

The Upper Tribunal, in the case of Collingwood v Carillon House Eastbourne Ltd [2021] UKUT 246 (LC) , has confirmed that it is necessary to comply strictly with the consultation process ahead of the appointment of a contractor for major works. In default, the leaseholders’ liability for the cost of…

Recognised Tenants Associations vs. Right to Manage Companies

Following our recent Legal Updates regarding Recognised Tenants Associations (RTAs) ( see here ) and Right to Manage Companies (RTMs) ( see here ), we have been asked about the different powers that RTAs and RTMs have. We have attached above the links to the two previous updates from April 2019,…

Self help - make sure that you deal with it correctly or you may fail to recover what you spend!

The case we are looking at in this Legal Update is Thirty One Crescent Grove Ltd v Atherden [2024] UKUT 80 (LC) a case that we have looked at previously on a different point ( see here ). 31 Crescent Grove is a block of 6 flats in a converted house and the leaseholders were all shareholders in the…

Does an incorrect demand amount to an invalid demand?

Often a leaseholder will take the view that an incorrect demand must be invalid without further discussion and whilst steps to address the issues are perhaps relatively simple in most cases (and thereby avoid the need to litigate), sometimes the matter is not so straightforward. So where do you…

Service Charge Arrears - Can and should you take steps to recover unpaid charges in light of Coronavirus? - An update.

We set out in our last Legal Update (which can be viewed here) our thoughts on the proposed legislative changes and whether these affected how you, as Landlords, Management Companies and Managing Agents, manage the funding of your developments and specifically whether you were prevented from…

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…