Assistant Director One Housing Group CIH London 8 July 2014 - - PowerPoint PPT Presentation

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Assistant Director One Housing Group CIH London 8 July 2014 - - PowerPoint PPT Presentation

Mar 29, 2024 186 likes •317 views

Home Ownership and Right to Buy - Recent Developments Seminar Matthew Saye Assistant Director One Housing Group CIH London 8 July 2014 Current Developments in posts sales management Recent Developments Primary legislation limited

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Matthew Saye Assistant Director One Housing Group

CIH London – 8 July 2014

Current Developments in posts sales management

Home Ownership and Right to Buy - Recent Developments Seminar

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Recent Developments

  • Primary legislation – limited scope for change
  • Case law continues to shape operating

environment

  • Look at practical application of some cases
  • High profile decisions last year – impact so far
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Leasehold Reform (Amendment) Act 2014

  • A rarity – primary legislation
  • Collective enfranchisement and new leases
  • Change to rules about who can sign notices
  • Important you don’t fail to accept a valid notice
  • Requires a simple update of processes
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Daejan v Benson

  • Supreme Court decision 2013
  • Previous rulings overturned
  • OM Property Management’s appeal - UT
  • The changes to Tribunal’s approach
  • Dispensation on terms
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Daejan v Benson

  • Know this decision and stick to it
  • Beware of outdated guidance and texts
  • Practical application
  • Still get S20 consultation right
  • Consider dispensation costs
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Phillips v Francis

  • High Court decision 2012
  • How to generated a lot of interest
  • How to implement
  • Practical application
  • It is being appealed
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Daejan v Griffin

  • Upper Tribunal decision 2014
  • Historic neglect
  • The need to prove additional cost
  • Practical application
  • Clear case law – should provide a final position
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Windermere Marina Village v Wild

  • Upper Tribunal decision 2014
  • S27A Landlord & Tenant Act 1985 (as amended)
  • Apportionment of service charges
  • Practical application
  • Remember where legislation trumps the contract
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‘Internal’ repairs

  • The leaseholder’s repairing obligation
  • An area still to tackle?
  • What are the problems?
  • Landlord’s liability
  • Enforcing repairing obligations
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‘Internal’ repairs

  • Case law
  • LB Southwark LVT case
  • Potential to make regulations on lease
  • What else can be done? How to develop?
  • What do you do to manage this area?
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FTT (Property Chamber)

  • FTT under the new rules
  • The current balance
  • Flexibility remains
  • Service charges – costs and evidence
  • Straightforward and low cost?
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Recent Developments

Thank you for listening Any questions