Where a Landlord has agreed that the Leaseholder can install timber flooring and under floor heating as part of substantial alterations to a flat, that Landlord cannot then enforce a Clause requiring the Leaseholder to cover the floors of the flat with carpet and underlay. This was the recent decision of the Court of Appeal [...]
Archive for the ‘Property’ Category
New Tenancy Deposit Legislation takes effect from Good Friday
On the 6th April 2012 Section 184 of the Localism Act 2011 will be in force. The three significant changes which the legislation brings are:- 1. Alteration of the current 14 day timescale for protecting the deposit. The 14 days will be changed to 30 days from the date of receipt of the deposit. 2. The [...]
Lease Extensions
A property with a lease of less than 80 years is likely to achieve a lower sale price and has the risk of becoming unmortgageable. However, help is at hand … Leaseholders of flats with a long lease, have a statutory right to a new lease in substitution for their existing lease, extended by 90 [...]
The benefits of using a legal advisor who specialises in low cost home ownership
You’ve found a home to buy; you’ve been accepted by a Housing Association and met their affordability criteria. The next step is to instruct a solicitor to deal with the legal side of your purchase and it really is a good idea to use a solicitor who is experienced in how Affordable Housing, such as [...]
RESIDENTIAL SERVICE CHARGES
There have been recent cases which emphasise the importance of ensuring that the terms of the lease are properly considered in relation to service charge collection and that statutory requirements are met. The Upper Tribunal has also made interesting observations on apportionment of service charges within a lease 1. A clause provided for management to [...]
AFFORDABLE HOME OWNERSHIP
In these difficult economic times, it remains the ambition of most people to own their own home. Housing Associations have worked with governments for many years now to provide schemes to assist first time buyers to get onto the Property Ladder. These schemes have taken various forms over time but the aim remains the same [...]
TENANCY DEPOSIT SCHEME CHANGES – LOCALISM ACT 2011
The Localism Act (which amends the Housing Act 2004) received Royal Assent on 15 November 2011 and is thought likely to come into force in April 2012. The most significant changes are: The time period for complying with the initial requirements of a scheme and providing the prescribed information is to be extended from 14 [...]
WHAT IS A LEASE?
Under English Law, almost all flats are sold on a Leasehold basis and houses, in most cases, will be Freehold. The legal side of buying a property can be confusing and full of jargon. This even applies to the most important document which sets out all the terms of your ownership of your new flat [...]

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