Results for "166"

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The importance of getting Rent Demands right!

Section 166 Commonhold and Leasehold Reform Act 2002 (“s.166 Notice”) sets out that a prescribed form must be used when demanding Ground Rent. Our January 2019 Legal Update “Rent Demands - How to ensure that they are valid” (see here) provided guidance on the requirements of how to correctly…

Rent Demands - How to ensure that they are valid

You will all no doubt be familiar with demands for Ground Rent on residential units that you manage and that, since 2005, there has been a requirement to use the prescribed form as set out by section 166 Commonhold and Leasehold Reform Act 2002 (“s.166 Notice”). Indeed, in the absence of a demand…

Can you charge a fee to the leaseholder for drafting and serving demands?

In March of this year we reported on the decision of the Upper Tribunal (“UT”) in Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ) in which the UT overturned a finding of the FTT that a landlord could charge an administration fee of £30 plus VAT for serving a rent demand notice pursuant…

Is demanding ground rent the same as collecting ground rent?

Earlier this month, the Upper Tribunal considered an interesting point of lease construction on this slightly unusual question, in the case of Stampfer -v- Avon Ground Rents Limited [2022] UKUT 68 (LC ). Background Mr Stampfer was the long-leaseholder of Flat 12, 6 Trinity Mews, London E1. The…

Getting your service charge demands right

It is a source of immense frustration for landlords, RMCs or RTM companies to be told that, because of some defect with the demands issued to a leaseholder, action cannot be taken to enforce a demand and recover payment from a defaulting leaseholder. This Legal Update is intended as an aide-mémoire…

The importance of appointing the right Manager

The Landlord and Tenant Act 1987, provides that residential long leaseholders may apply to the First-Tier Tribunal (“FTT”) for the appointment of a Manager in place of the Freeholder or other Manager. The application needs to show default on the part of the Freeholder or other Manager. Where the…

Address for service for demands - only use the address for service provided by the lessee!

We previously wrote in our Legal Update from March 2021, entitled Address for service - getting this right , on the importance of ensuring you use the correct address for service of demands. This applies to both service charge and ground rent demands and we emphasised that if you get this wrong,…

Limitation on recovery of service charges - “The 18 Month Rule”

Despite the serious consequences for landlords and management companies, including limitations on recovering service charges from residential leaseholders, “the 18 month rule” appears to be one of the least understood provisions amongst landlords, management companies and managing agents. In this…