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QUESTION We've recently gone RTM with a Property Management Company, which I chose and agreed a pricing strategy last October for a fixed overall charge for Service charges - being  £1500 (+vat) divided by six leaseholders. Before signing up, one of our colleague directors expressed concern that the PMC apparently have a past reputation for lumping on extra charges which had not been agreed with leaseholders. It rang alarm bells when our Chair received an email from Oakfield stating that we would need to

QUESTION My flat has been damaged by water pouring through my ceilings from the flat above. This happened on 5 separate occasions in the last 6 months and both my kitchen and bathroom are now badly water damaged and in need of redecoration and damp treatment. The water damage even short circuited the bathroom light fitting and it has not worked for 4 months now.  On each occasion that water poured into my flat, I informed the tenants straight away – showed them the damage and also emailed their landlord

QUESTION I am a leaseholder (for the last 8 years) and I have been having problems with my management company / agent on cost matters and various other issues. I'm a chartered builder, surveyor and estimator and I have a good understanding of costs. We are 47 flats in a block running under RMC. Over the last 6 years I have seen we have been over charged and poorly managed but the managing agent is claiming everything was approved by RMC directors, but all of the accounts are flawed and unsubstantiated. I

QUESTION Approx two and a half years ago a flat was left vacant after the death of the owner. It has remained so since, we are told by the executrix due to probate matters. Standing charges are fully paid and directors keep a voluntary eye on the flat to ensure it is wind and watertight as we hold a key. I do wonder if there are legal, insurance and other complications we should be aware of? It seems that the long period of vacancy MAY be coming to an end soon. ANSWER Many thanks for your enquiry. I am p

Volunteer directors of residents’ management companies across the UK that have taken control of their own blocks can be handling five-figure service charge revenues. Now Deacon Insurance has warned they may still be liable, even if they retire and move away from the block, as the consequences of any decision that they made will follow them. They could face potentially unlimited personal liability in the courts. “While it is good news for other leaseholders that resident-controlled management companies hav

The equalities act 2010 makes it unlawful for any person or company managing or owning premises to discriminate against a disabled person occupying those premises. Once a written request is made, the landlord/manager is under a duty to take reasonable steps to address the matter. Arguably there are three main types of adjustments that apply to residential premises: (1) Auxiliary aids and services, ie the replacement of taps, door handles etc; (2) Policies, procedures and practices; (3) Changes to a lease

In reality, the essence is not who owns the freehold but rather how the building is run, how the personalities get on, and how differing expectations are managed… we are dealing as much with social interaction as the legal process. I have had the pleasure of undertaking a day and a half on the phones at the Leasehold Advisory Service (LEASE). I undertook this to ensure I had a clear understanding of the nature of calls received, and who our callers were. I have to say I thoroughly enjoyed my time on

From your perspective as the managing agent, you need to take care that you are not being led by the freeholder’s agenda When acting for an rmc, managing agents will often be asked by their landlord and its legal advisers to combine the ground rent debt with the service charge arrears. There are clear advantages to the landlord of this approach but it can cause problems for the RMC – and a potentially dangerous conflict of interest for the managing agent. Managing agents should consider carefully the impl

Personally I am happy to pay an extra £15 per year towards my home insurance costs to help support families devastated by flood damaged homes July should see the launch of the new government-backed scheme to tackle the issue of flood insurance for homes in areas at high risk from flooding. Welcomed by most, this scheme will ensure the availability of affordable flood insurance cover for approximately 350,000 homeowners in respect of houses they or their family live in, all or part of the time – or in cert

When should a tenant benefit from a landlord’s insurance? The recent case of Fresca-Judd v Golovina (QBD, 5 February 2016) provides food for thought for anyone concerned with the rental of residential property – and those who insure it. In the case, the tenant (G) took an 18-month lease of a cottage in Wiltshire. The tenancy contained a covenant requiring the landlord (F) to insure, and specifically required G to leave the heating on if vacating the cottage during the winter months. G moved in shortly bef

Gutter maintenance is often seen by homeowners and landlords as a thankless chore, and something they would rather not have to think about. Nevertheless, a little effort put into ensuring gutters are in proper working order can prevent the need for much more expensive repairs further down the line. Blocked gutters can lead to a multitude of problems, so it really is worthwhile undertaking regular checks. Badly maintained gutters can develop leaks, causing damp to spread to other parts of the building. In

All residential landlords in the UK must now conduct detailed ‘right to rent’ checks when granting new tenancy agreements. The checks, part of a crackdown on illegal immigrants, will require landlords to report tenants without the right paperwork to the Home Office. Failure to do so could leave landlords facing a fine of up to £3,000. All landlords will be required to make ‘right to rent’ checks 28 days before the start of any new tenancy. Landlords will be required to: Establish who will live at the pr