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

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 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

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

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

Daejan v Benson • Know this decision and stick to it • Beware of outdated guidance and texts • Practical application • Still get S20 consultation right • Consider dispensation costs

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

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

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

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

‘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?

FTT (Property Chamber) • FTT under the new rules • The current balance • Flexibility remains • Service charges – costs and evidence • Straightforward and low cost?

Recent Developments Thank you for listening Any questions