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Results for "kevin"
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Who is your client?
This may sound like an odd question because, of course, you know who your client is as you will have undertaken due diligence checks upon receipt of instructions. However, despite that, it is always surprising how often we are asked by agents and clients to pursue defaulting lessees and upon…
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…
Stay on possession actions extended to 20 September 2020 at last minute
The stay on all existing and new possession actions that has been in place since March 2020 due to the Coronavirus pandemic was due to be lifted yesterday, as we reported earlier this month. However, in what is the epitome of an eleventh hour U-turn by the government, on Saturday 22 August 2020 the…
**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…
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 of Notices - Some Considerations
Every now and then, and frequently in the property world, there will be a requirement for the service of a formal notice on a party with whom you are dealing. Whether that is to terminate a residential tenancy or to consult with a long leaseholder on a proposed major works project, the need to…
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…
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…
Guarantees - How long do they last?
What does an article about guarantees have to do with some soggy looking sheep in a boggy field you ask? Read on and all will become clear. You will have all experienced, at least once, that conversation with an enraged, or perhaps slightly righteous, guarantor who explains to you that he/she…
You really must do what the lease says. No, really, you must!
The Upper Tribunal concluded in the last few weeks an appeal from the FTT in the matter of Powell & Co Investments Ltd v Aleksandrova [2021] UKUT 10 (LC) . This is an interesting case, and another reminder of the need for a landlord or managing agent to be careful in their reading of the lease and…
Replies to pre-contract enquiries - when does “buyer beware” become “seller beware”?
One of the critical stages in buying or leasing property is the raising of pre-contract enquiries. The underlying principle in all property transactions is “ caveat emptor ” - buyer beware - and it is for this reason that a buyer will want to make as many enquiries of their seller or landlord…
You really must comply with the lease !
The title of this week’s Legal Update should come as no surprise to those of you responsible for the management of flats or developments. The following case of Wigmore Homes (UK) Limited -v- Spembly Works Residents Association Limited , resolved recently on appeal to the Upper Tribunal (“UT”),…
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