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People often ask me why use a chartered building surveyor? I tell them two stories: At the end of a large renovation project, and ready to sell the property, a homeowner found the contractor hadn’t obtained Building Control Approval. Building Control requested the main structure be exposed for inspection - damaging expensive high-end finishes. However, a chartered building surveyor was appointed whose expert construction knowledge enabled him to analyse the work and demonstrate compliance without any fini

Professor James Driscoll, solicitor, noted author of legal texts, Lawyer Chair of the Residential Property Tribunal, First-tier Property Chamber, and a well-known speaker at conferences has now qualified as a mediator specialising in all aspects of residential landlord and tenant law, including leasehold matters. He told News on the Block that he believes using mediation, rather than legal proceedings can be ideal for solving many service charge disputes, or other disputes relating to leasehold management

The Honourable Mr Justice (Sir Keith John) Lindblom has been appointed to be President of the Upper Tribunal (to preside over the Lands Chamber) with effect from 1 January 2013. He was called to the Bar (Gray’s Inn) in 1980, took silk in 1996 and was appointed as a Recorder in 2001 and as a Deputy High Court Judge in 2009. He was appointed a High Court Judge of the Queen’s Bench Division in 2010.

The Rt Hon Keith Hill, Minister for Housing & Planning under Tony Blair and former MP for Streatham, has been appointed by trade body the Association of Managing Agents to lead its new self-regulatory regime, called ARMA-Q. Speaking at the recent ARMA Annual Conference, Mr Hill said: “It will be my job as the regulator to be an advocate for the responsible managing agent and a vocal opponent of wrongdoers. I want leaseholders and the public to know that this is an organisation where the majority of memb

Ben Jordan has been appointed Chairman of the Association of Residential Managing Agents (ARMA). With over 20 years’ experience working in the residential property management sector, Ben has been the Managing Director of Premier Estates since founding the company with fellow Director, Simon Haughton, back in 1998. Ben is extremely experienced and passionate about property management and he has also acted as an expert witness before the Upper Tribunal in cases regarding residential service charges. With tw

QUESTION Dear Sir I manage a block where people have moved into. They have installed a dish on the wall adjoined to wires attached through the window to their flat!! How do you suggest I go about having it removed??? Reader name withheld ANSWER There is case law supporting a presumption that external walls are included in the demise, but most modern leases of flats expressly exclude the structure and/or exterior of the building. If the dish has been installed on the landlord’s property, an i

QUESTION Dear Sir Do you think that block directors (and their managing agents) are responsible for ensuring that all owners in a block know about and comply with these gas boiler regulations?  There is a risk that block directors will be deemed to be at fault if owners who do not have annual gas safety inspections do not know about these regulations and there is then a death from carbon monoxide poisoning.  Our managing agent did not tell us about the regulations.  My lettings agent did.  Reader na

WHEN UNDERTAKING THE RIGHT TO MANAGE (RTM) PROCESS, a common and advisable method chosen by leaseholders is to appoint a competent managing agent who is familiar with the process and the intricacies of legislation, and who can successfully guide you through. As well as assisting and advising you before and during the process, your chosen managing agent should also be able to successfully deal with one of the trickier parts of the process, the actual handover of management to the RTM Company once th

Managing Agents, CPBigwood acquired Lloyd Property Management for an undisclosed sum. The purchase, aimed at establishing CPBigwood in the East Midlands, marks continued expansion, with six offices now in operation. The firm also recently opened a London office spearheaded by Partner, Bill Drake-Lee, the former Leicester, Moseley and Barbarians rugby player. He is working alongside residential management Partner, Brett Williams who has been placed in charge of the new East Midlands office. Lloyd Propert

Beechwood Property Services have been awarded the cleaning contract at Park West, Edgware Road which is owned and managed by The Freshwater Group. Beechwood has been successful in securing the contract following the provision of services at another prominent Freshwater apartment block, Clare Court. Managing Director Abee Breuer said “Beechwood is delighted with this development and it will strengthen our portfolio of properties in and around the West End”. Mark Shapiro of Clare Court resident’s associatio

The Court of Appeal in Gala Unity v Ariadne Road RTM Ltd has decided that shared facilities on an estate can be included within the responsibility of a right to manage company - even if they are used by parts of the estate not taking part in the right to manage itself. The case sought to clarify the meaning of “appurtenant property” referred to in Section 72 and 112 (1) of the Commonhold and Leasehold Reform Act 2002. However, the effect of the decision may have caused more problems than it has solved

The Supreme Court is soon due to hear an appeal in the landmark case of Daejan v Benson. The case focusses on a small block of flats called Queens Mansions in Muswell Hill, North London, owned by Daejan Investments Ltd. The point of law in dispute concerns the dispensation requirements under Section 20ZA(1) of the Landlord and Tenant Act 1985. The flat owners successfully challenged the landlord’s attempt to seek dispensation from properly consulting with them regarding major works in the building. This m