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Mortgagee protection clauses – what’s the big fuss   In a leasehold property many of you will know that you do not own the land, and sometimes building, that your property sits within. Instead this is owned by a freeholder, commonly called your landlord. In order to maintain the exterior of your property and carry out necessary services to any communal areas and grounds the Landlord collects a service charge from you. The landlord also, in most situations, collects a ground rent from you which is a fee paid to the landlord simply by virtue of owning a property on their la...

Since 1 April 2018 there has been a minimum energy efficiency standard (MEES) of EPC E for private rented properties, including commercial, or mixed-use properties. This means that it is unlawful for landlords to grant a new tenancy of commercial property with an EPC rating of ‘F’ or ‘G’ (the two lowest grades of energy efficiency). This applies to both new leases and renewals (unless an exemption applies and the landlord has registered that exemption).From 1 April 2023, this will be extended to include existing leases making it unlawful for a landlord to c...

Japanese knotweed is a fast-growing plant that can grow up to 10cm per day. The rhizomes (roots) can expand up to 7m underground and cause problems by interfering with gardens, patios, paths, driveways, walls, outbuildings, conservatories and drainage systems. When selling a property, one of the first things a Seller must complete is the Property Information Form. This is a legal form that provides the Buyer with important information about the property. Within the Property Information Form, the Seller is required to confirm whether the property is affected by Japanese Knotweed. When answe...

We are frequently asked “can I make a Power of Attorney once I have lost mental capacity?” or “a loved one has lost mental capacity – can I now make a Power of Attorney for them?”    We always explain that you can only make a Power of Attorney (for Property & Financial Affairs and/or Health & Welfare) when you do have mental capacity – to either be used to manage your property and financial affairs straightaway or, if you prefer, only when you have lost mental functioning.  What is not possible is to make a Power of Attorney ...