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There are few certainties for property managers, other than things rarely go to plan. Complications are varied and frequent – leaseholders don’t always pay service charges on time or in full, contractors fail to meet their obligations and agents may retain documents and money at handover that they shouldn’t.
To resolve these issues quickly, it is essential you have an expert legal team you trust, who will adapt to your changing needs and offer clear, tactical advice. Forging a relationship with a solicitor enables the firm to be proactive and look at the bigger picture, helping you understand your obligations and address the structure of your business, so problems can be ironed out bfore they arise.
From time to time all property professionals, regardless of experience, need a little expert assistance. There is a swathe of statute affecting the sector and important cases are changing the industry with increasing frequency. If you don’t take advice, you could fall foul of the law.
The consequences of inadequate representation will have ripple effects. Mistakes can lead to loss of business, financial penalties and ultimately an expensive law suit. In a well publicised case, an RTM company was faced with a £17,000 costs order on top of their own fees. The moral of this tale? It is not only important to instruct a solicitor, but also to instruct the right one.
There are so many firms claiming to be the best, the cheapest or both, so how do you sort the wheat from the chaff? You need a team who really understands your industry. Check for membership of relevant professional bodies, kite marks, such as Lexcel accreditation and legal recognition by independent directories, The Legal 500 or Chambers and Partners.
Look for a solicitor who has a presence in the sector and is trusted by colleagues – do they present courses and webinars for regulators or trade publications? You also need to decide if a niche firm will offer all of the advice you require. It is much easier to go to one provider, than ask various suppliers to deal with separate issues.
Bespoke case management is essential to any modern law firm, but IT is only as good as the operator. Likewise, no win, no fee litigation sounds great, but some solicitors are giving the phrase a bad name. The legal ombudsman said recently that it dealt with around 600 cases last year where lawyers had billed clients for “significant and unexpected costs”. It is vital, therefore, to find out where the no win, no fee deal stops.
Don’t be dazzled by bells and whistles or empty promises about fees. You should receive high quality, clear, accessible advice, delivered by a partner-led team and this should go hand in hand with robust systems and a breadth of experience.
Cassandra Zanelli is a partner specialising in property management at Taylor&Emmet LLP