We are privileged to be nominated in three categories for the upcoming Enfranchisement and Right to Manage Awards taking place on 6th June 2013.
The categories we are nominated in are as follows:
• Valuers of the Year
• Valuer of the Year – Justin Bennett
• Expert Witness of the Year – Justin Bennett
We are extremely proud of this achievement and wish the best to all those nominated.
Langley Byers Bennett attended the Enfranchisement and Right to Manage Awards 2011 on Monday 23rd May 2011 held at Lord’s Cricket Ground.
The Enfranchisement and Right to Manage Awards 2011 (ERMAs) are sponsored by News On the Block and recognises the excellence and professionalism of all specialists working in this industry both at an individual and company level.
Langley Byers Bennett were very proud to be finalists in the ‘Valuers of the Year’ category.
We look forward to next year’s Awards in which we hope to scoop some more accolades.
Full details of the event are available at www.theermas.co.uk.
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Flat Living Magazine held their first Roadshow event in central London on the 1st November 2010. John Byers was among the speakers that evening. He dealt with the principles of the Lease Extension and Enfranchisement Valuation process. |
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The most recent issue of Flat Living Magazine can be seen on-line by following the link below. It contains a new article by Justin Bennett entitled ‘Range Finder’ dealing with some of the technical reasons why Lease Extension valuation figures can vary so much.
View Flat Living Magazine and Justin’s latest article on pages 46 and 47
Justin Bennett recently discussed this perplexing issue at our first informal Breakfast Briefing Meeting. The breifing was held at our offices in Fleet Street and some of the practicle valuation issues involved in setting the right premium for Tenant’s notices for Lease Extensions were examined.
If you would be interested in receiving a copy of Justin’s notes on this subject or attending a future Briefing please let us know on info@lbb.org.uk . Our next Briefing will be held in November.
In the latest issue of Flat Living Magazine, Director of Langley Byers Bennett, John Byers explodes the myth of the “Maintenance Free Building” and discusses how sensible provisions should be made for future expenditure on any building, no matter how new. Read more on pages 34, 35 and 36 of Flat Living Magazine
Justin Bennett comments on the recent Craftrule Ltd v 41-60 Albert Place Mansions (Freehold) Ltd. case, which has potentially far – reaching repercussions for Landlords and Tenants when planning the Enfranchisement of blocks of flats.
Originally published by Laytons Solicitors
Carmelite, 50 Victoria Embankment, Blackfriars, London EC4Y 0LS, UK
Occupying a building can be an expensive business with many costs involved. In addition to rent, rates, service charge, maintenance, cleaning and other costs; dilapidation costs can arise often unnoticed on unexpected occasions with expensive consequences.
What are Dilapidations
Most commercial leases will contain repair obligations the tenant has to fulfill. Often this means to maintain the property in good condition, and leave it in the sort of condition that a new occupier would expect to find it when they start a lease.
Dilapidation issues tend to raise their head at certain intervals during a lease, particularly at a rent review, at the end of a lease, during a new lease negotiation or upon the exercise of a break clause.
| Langley Byers Bennett’s Top Tips for Dealing with Dilapidations | |
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1. Prior to signing a lease, a Tenant should consider an ingoing Schedule of Condition. The purpose of such a schedule is to record the condition of the property at a particular time (i.e. at the signing of the lease). 2. Do not ignore the claim. Even if you feel the Landlords claim is spurious or excessive do not ignore it but treat it seriously. 3. Take good professional advice from your solicitor and an expert Chartered Building Surveyor. 4. Make provisions for dilapidation costs arising in the future. Review your lease or tenancy agreement and take advice as to what your obligations and costs may be in the future. 5. Carry out regular maintenance work. Deal with repairs as they arise and not allow them to accumulate. Often substantial damage can arise from relatively simple matters that are not put right when they should be. If this has not been done then a Chartered Building Surveyor should be employed to assess the building condition, prioritise repairs and prepare a planned maintenance programme. |
6. Consider your lease terms carefully particularly if you are considering exercising a break clause or a rent review is approaching. 7. Do not assume your only obligation is to repair your building to match the condition it was in when you took it on. Even if the building was old and dilapidated when you started you may still have an obligation to improve it so that it is handed back to the Landlord in better condition than it was originally. 8. Keep all records. If you have asked the landlords about repairs for which they have an obligation (perhaps on the outside of the building) and they have not done so, keep a careful record of when problems were brought to the Landlord’s attention; and of the damage that may be occurring to your accommodation as a result. 9. Plan alterations carefully. You probably have an obligation to change them back afterwards. When making alterations to your property consider how easily changes can be undone and removed afterwards so that you reduce the cost of reinstating the building at the end of your lease. |
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Justin Bennett of Langley Byers Bennett explains the role of the surveyor when considering the route to enfranchisement. Click on the link to read the full article. |
Justin Bennett of LBB Chartered Surveyors writes about the importance of getting the right advice and refers to one of the earliest cases under the Leasehold Reform Housing and Urban Development Act 1993 of Willingale V Globalgrange. In this case the landlord failed to respond to a tenants Notice to enfranchise and had not only to accept the substantially reduced price offered but also the terms of the transaction, which meant that the hotel lost its fire escape right over the enfranchised building. The case reached the Court of Appeal. The moral behind this story is that getting the right advice is crucial. Please click here for the full article.
