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Latest blog posts

Identifying Adjoining Owners in a Party Wall Matter

Thursday, 10th October 2019 | by: Justin Burns

Once you’ve established that your works are covered by the Act the next step is to identify who the affected adjoining owners are. An ‘owner’ is defined in section 20 of the Act as ‘a person in possession of land, otherwise than as a mortgagee or as a tenant from year to year or for a lesser term or as a tenant at will’ or, in other ... Read more >>

Are My Works Covered by the Party Wall Act?

Tuesday, 17th September 2019 | by: Justin Burns

The very first step in the process is to establish whether your proposed works fall within the scope of the Party Wall etc. Act 1996 and, if so, which adjoining owners are affected. Sections 1, 2 & 6 of the Act set out an owner’s rights but those rights are only exercisable if the necessary notices are served, let’s look at each of them ... Read more >>

How the Dilapidations Protocol Works

Sunday, 16th June 2019 | by: David Whitehouse

The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a Tenancy (the Dilapidations Protocol) applies in relation to claims for damages for dilapidations against tenants at the termination of a tenancy.  The Protocol deals with the conduct a court would normally expect the parties ... Read more >>

When leaseholders enact their statutory right to extend their lease or buy their freehold by serving a formal notice of claim on the freeholder it can be an adversarial process. Once a notice is served, if the landlord does not agree with the terms of acquisition proposed in that notice (including price), he has two months in which to serve a ... Read more >>

Categories: Leasehold Valuations

What is a License to Alter?

Tuesday, 26th February 2019 | by: Justin Burns

When looking to undertake works there are numerous things to consider and professionals to instruct. Drawings for planning and then Building Regulations, the structural design and calculations, party wall surveyors and perhaps a solicitor for amendments to legal titles etc. but one requirement that is often little understood is the need to obtain ... Read more >>

INFORMAL LEASE EXTENSIONS – THE BENEFITS AND THE RISKS

Tuesday, 12th February 2019 | by: Justin Burns

Leaseholders have the right to extend their leases under the Leasehold Reform, Housing and Urban Development Act 1993. Under the 1993 Act leaseholders are entitled to a 90 year lease extension and a reduction of their ground rent to a peppercorn. In return they must pay their freeholder compensation, call a premium. The statutory process ... Read more >>

Categories: Leasehold Valuations

A guide to the residential lease extension process

Thursday, 17th January 2019 | by: Justin Burns

Leaseholders have the right to extend their leases under the Leasehold Reform, Housing and Urban Development Act 1993.  Under the legislation the owner of a leasehold flat has the right to request a new lease which is 90 years longer than their current lease and at a peppercorn ground rent throughout. In order to qualify flat owners need to ... Read more >>

Categories: Leasehold Valuations