News on the block - Enfranchisement & Right to Manage Awards 2013 myleasehold nominated for Valuers of the Year 2013
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Author Archives: Mark Wilson

First Tier Tribunal (Property Chamber): new service

In response to the change of the Leasehold Valuation Tribunal into the First Tier Tribunal (Property Chamber), which came into effect on 1 July 2013, myleasehold ltd are introducing an expert witness service committed to dealing with Tribunal matters.

From now on, our Tribunal department will be headed by Mr Ivan Taylor BSc FRICS. Ivan is a Chartered Surveyor with over 25 years’ experience dealing with residential property disputes, specialising in leasehold reform and service charge matters.

Ivan is an integral part of myleasehold’s professional team. As a result, he will be involved from the outset in the difficult cases and when a Tribunal hearing seems likely. In the forum of our general internal discussions he will be informed of outstanding issues in dispute on a case-specific basis.

Notwithstanding directions being issued, the myleasehold team will continue to negotiate, as our objective is to reach a settlement without the need for the matter to be heard in a Tribunal.

Fees

Our fees for undertaking work in advance of a tribunal are charged at an hourly rate of £295 plus VAT. In the event that the matter were to be heard at a Tribunal and Ivan were to attend the hearing, the fee would be £950 plus VAT for a half day and £1,650 plus VAT for a full day.

For further details or enquiries, please contact Mark Wilson or Ivan.

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A Surveyor’s View : Leasehold Valuation Tribunal – the metamorphosis begins?

“It is the spirit and not the form of law that keeps justice alive” Earl Warren

When I was young I was an avid Doctor Who fan, but the best moments were always when “the Doctor” transformed from the old to the new, and whilst the storylines continued in a fairly similar manner (what did I know at 6 years old!?), the new Doctor’s appearance gave a fresh and vibrant feel.

On the 1st July 2013 the Leasehold Valuation Tribunal (LVT) will become The Property Chamber under Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 order 2013 SI 2013/1034 and under Section 30 it allows the functions of the LVT to be transferred to the First or Upper Tier Tribunal and for the old tribunals to be abolished.

As of the 1st July 2013 there will be many rule changes in procedure (which many people will say have been needed for many years). The rules are set out in Section 22 & Schedule 5 of the 2007 Act. The new rules can be found on the legislation.gov.uk website.

Whilst the new rules are clear I am sure it will take months (if not years) for the procedure to become second nature and there will be many mistakes made by both professionals and the members of the First Tier.

The Property Chamber will be split into 3 divisions, Residential Property (formerly RPTS and the subject of this commentary) Land Registration, Agricultural & Drainage.

The present regional arrangements will continue to apply for Residential Property and the current teams will stay in post but become Regional/Deputy Regional Judges & Deputy Regional Valuers.

Here are the highlights:

Case Management Powers

Rule 6 deals with case management powers and in time the powers are wide enough to allow the Property Chamber to “flex its muscles”, which they could not before. Rule 6(3) describes a number of case management powers and taken as a whole, these new powers should allow the Tribunal to adapt to the extremes of their case load.

Failure to comply with rules and Tribunal directions

Failure to comply has long been a “sore point” for professionals in the LVT and that appears to now becoming to a close in that Rule 8 states the Tribunal “may take such action as the Tribunal considers just” to deal with the default, which may include the following:

*Waiving the requirement;

*Requiring the failure to be remedied;

*Exercising a power to strike out under Rule 9;

*Referring the matter to the Upper Tribunal under Section 25 of the 2007 Act;

*Barring or restricting a party’s involvement in proceedings;

*Making an award of costs under rule 13

Striking out a party’s case

Rule 9 applies to both Applicants and Respondents. Whilst this is more akin to the Courts it is unlikely (at least at first) that this power will be used to its fullest extent but it is possible (even on a restricted basis) on the following grounds:

*Failure to comply with directions;

*Failure to co-operate with the Tribunal

*Issues that have already been agreed between the parties;

*The proceedings, the manner in which they are being conducted, are considered frivolous, vexatious or otherwise an abuse of process of the Tribunal (this is the same as before but the £500 limit has been removed);

*There is no reasonable prospect of the case, or part of it, succeeding.

Costs

Rule 13 is going to sweep the board in respect of costs and will no doubt change the face of proceedings in that both Applicants and Respondents may think twice before launching an attack on the other and thus reduce cases being heard before the First Tier Tribunals.

The rule replaces paragraph 10 of Schedule 12 to The Commonhold & Leasehold Reform Act 2002 and in effect there is now no cap on costs which can be reclaimed. This rule will be an interesting addition to the Tribunal’s powers.

Correcting, setting aside, reviewing and appealing Tribunal decisions

There are a number of rules which have been “harmonised” in rule 50+ but the most important for the Property Chamber is now that from 1st July 2013 all appeals from the First-Tier Tribunal will go to the Upper Tier (Lands Chamber), including rent cases.

Transitional Provisions

There are of course a number of transitional provisions all which appear to be sensible and can be found in Schedule 3.

The Surveyors View

What is clear is that the new case management powers and powers relating to costs are likely to have the most effect on the Tribunal procedures and indeed will strengthen, in a much needed way, the ability of the Tribunals to direct proceedings and penalise those who for years have “played the system” and wasted much time and money, on both the Applicants & Respondents side.

It will interesting to follow if the new rules will be effective and applied in a sensible manner, but on the face of it, these new rules will provide a good platform in years to come for a more sound and robust Tribunal system.

I am hoping, that just like my Doctor Who days, the new Property Chamber will create, procedurally, a fresh and vibrant feel which was wanting for many years.

Ivan Taylor BSc FRICS
June 2013

NB – please note that this briefing note is not intended to be anything other than commentary and is not to be used or modified. In every situation third party legal advice must be obtained.

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myleasehold win Valuers of the Year 2013 at the ERMAs

ERMAs

We are delighted to announce that we have won the award for Valuers of the Year at the prestigious Enfranchisement and Right to Manage Awards 2013. The ERMAs, now in their 5th year, recognise professional excellence in leasehold reform work.

We were presented with the award at a ceremony held at Quaglinos on 6 June. The whole team were in attendance to accept the prize and we couldn’t have been more thrilled.

The Valuers of the Year accolade is awarded to Valuers who act for leaseholders and/or freeholders in enfranchisement matters, and the judging criteria included depth of applied knowledge and expertise, excellence in client communications, marketing and innovation.

“By winning this highly contended award, our innovative and transparent approach to business has been recognised. We have a free-to-use online lease extension calculator and promote transparency whenever possible,” says Mark Wilson, myleasehold’s Managing Director. “We have had a busy year, and are very glad to see all our hard work paying off. The sector is modernising in both valuation and legal services and we are committed to introducing other products and services as part of the modernising process.”

NewsOnTheBlock_258 NewsOnTheBlock_127

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myleasehold shortlisted for ‘Valuers of the Year 2013′

ERMAs 2013

myleasehold are delighted to announce that we have been shortlisted in the Enfranchisement and Right to Manage Awards 2013, for the category ‘Valuers of the Year’.

This is the 5th year that these prestigious industry awards are running, but our first time entering and being a finalist. We are very proud to be shortlisted amongst our competitors and wish everyone the best of luck on the night.

The award winners will be announced at the ceremony on 6 June 2013.

You can view all the finalists and categories on the ERMAs website.

 

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‘buy now’ feature added to website

We have a very exciting new addition to our site – you can now purchase your Fast Track Valuation Report for a lease extension online in a matter of minutes, via PayPal.

It is the quickest, most cost-effective way of finding out what you should be paying for your lease extension.

Simply fill out the form, process your payment and within two business days you will receive a valuation report along with two valuations: one which can be used as an opening offer in negotiations with your freeholder, and one for what your lease extension is ultimately worth, based on your provided opinion of the property’s “long lease value” (i.e. what the property would sell for on the market if it had a lease of 100+ years unexpired).

Read more about the Fast Track Valuation and what you will receive.

See our pricing and buy your report now.

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Mark Wilson featured in LEASE podcast

Mark Wilson, managing director of myleasehold, was delighted to join Nicholas Kissen of the Leasehold Advisory Service recently in recording a podcast about lease extensions.

The podcast provides some very useful tips for any leaseholder who is considering extending their lease.

Download the podcast (MP3)

More information can be found here.

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How To Extend Your Lease: INFOGRAPHIC

We have developed an infographic depicting the process of a lease extension.

Extending a lease can be an overwhelming topic; with a lot of information to absorb at once. This helpful guide gives a good overview to leaseholders trying to understand the process and timeline of a lease extension.

Click here to view the infographic!

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merry christmas from myleasehold

merry christmas from myleasehold

Merry Christmas and a happy new year from all the team here at myleasehold!

How to value a Residential Lease Extension by Mark Wilson

If you are an avid reader of Estates Gazette, you may have noticed our director Mark Wilson’s face smiling up at you from their ‘How To’ column last weekend. Mark wrote a piece called ‘How To Value a Residential Lease Extension’.

In case you missed it, this is what it looked like:

Estates Gazette 01.12.2012

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myleasehold at the ALEP conference

Evelyn Levisohn from myleasehold joined the bill of prestigious and esteemed speakers at the ALEP Autumn Conference earlier this month.

Evelyn presented a session in the afternoon, along with solicitor Mark Chick of Bishop and Sewell, all about the changing face of the enfranchisement sector, and how businesses are structured in this sector.

The feedback received was extremely positive and we are looking forward to being involved with more conferences and events in the future.

Evelyn at the ALEP conference

Evelyn speaking at the ALEP conference

You can read more about the conference and Evelyn’s presentation at the ALEP website.

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