In a landmark decision, the Court of Appeal has declared that RTM companies can only acquire the right to manage one building at a time.
When a flat is damaged by a leak from another flat in the same building, a dispute will usually arise. The manager of the building will often ask the person whose flat has been flooded to make a claim on the building’s insurance policy and pay the excess.
Before deciding to serve a notice of claim on your landlord and exercising your statutory rights to a lease extension, it might be worth asking whether the landlord is willing to grant you a lease extension on a voluntary basis.
When buying the freehold of a block of flats it is possible to buy under individual names, but it may be preferable to set up a company to buy the freehold instead.
In respect of the communal parts of blocks of flats, such as the entrance hallway, stairwell, parking areas and even the roof, the person managing the building has a duty to carry out a fire risk assessment and an asbestos survey.
Under the Control of Asbestos Regulations 2012 it is necessary for the common parts of residential blocks of flats, whether purpose built or converted from a house, to be tested for the presence of asbestos.
If you own a leasehold flat, it is usually the landlord’s responsibility to arrange insurance for the building and this is normally recovered as part of the service charge.
By virtue of Rule 13 of the Tribunal Procedure (First-Tier Tribunal) Property Chamber Rules 2013 the FTT may only make 3 types of costs order:
Sections 47(1) and 47(2) of the Landlord and Tenant Act 1987 (the 1987 Act) require service charge demands to contain the landlord’s name and address.
If you are unfortunate enough to end up embroiled in county court proceedings, you will almost inevitably be asked to submit a statement of case to the court at some point.