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10 Federation of Private Residents’ Associations Newsletter ‘Legal Jottings’ continued from page nine

the County Court had applied the wrong test and had held that it was reasonable in the view of the parties rather than that of the Court. What the Court should have done was to weigh the disadvantage to the tenants, compelling them aged 79 and 75 to move out of their own community (albeit only a mile away) against the disadvantage to the landlords who wished to sell with vacant possession to release funds to allow for their retirement. Had it done so, it should then have taken into account that no evidence was adduced that the landlords could not fi nd fi nance elsewhere and that they had bought the property as an investment, knowing that it was subject to a protected tenancy with no certainty of obtaining possession in the foreseeable future. In the circumstances, the Court of Appeal was satisfi ed it was not reasonable to require the tenants to move to the alternative accommodation .

RICS Code of Practice

The new edition of the Service Charge Residential Management Code has now been published and is available for £19.95 from: The Royal Institute of Chartered Surveyors 12 Great George St London SW1P 3AD

The Secretary of State has accorded formal recognition to the new Code and withdrawn it from the earlier one.

Previous Newsletter Legal Jottings

Waterman v Boyle (Newsletter 89) has now been more fully reported at 2009 21 EG 104.

Leasehold fl ats have special insurance needs. Settling for an off-the-shelf policy will rarely provide all the cover you need.

Talk to the property specialists for comprehensive cover and competitive premiums.

08000 92 93 94

Issue No. 90 Autumn 2009 Advertisements Property Insurance Specialist


Signs for your block saying: “It is against the law to smoke in the communal parts of this building” are available free to download from: les/p044dh_ communal_210x148.pdf” http://www.smokefreeengland. les/p044dh_communal_210x148.pdf

You need a colour printer if you want the poster in colour!

Or our admin offi ce will post you one for £3 if you send in a stamped addressed A4 envelope with your cheque.

Your money is safe

Leaseholders’ service charge funds are being protected against possible bank crashes, the Government has confi rmed. Following pressure from the FPRA and other interested bodies, the Department for Communities and Local Government (DCLG) has confi rmed that the Financial Services Compensation Scheme will safeguard lessees’ individual contributions up to £50,000. The Guidance Notes issued by the DCLG are available on the FPRA website.

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