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There has been a steady growth of actions within the Leasehold Valuation Tribunals since the Commonhold and Leasehold Reform Act of 2002. With the requirements to send section 153 and section 158 notices with any demands or administrative fees to leaseholders explaining their statutory rights and obligations the law has created a system of leaseholder led regulation. In the event that leaseholders believe their service charges are unreasonable they can challenge them through the Tribunal system. Whilst no

Last year The Federation of Private Residents’ Association (FPRA) responded to the Law Reform Consultation expressing concerns over a variety of areas of leasehold law requiring urgent reform to protect private sector leaseholders in a largely unregulated property management industry. In a letter signed by Law Commissioner, Professor Elizabeth Cooke she confirmed discussions with Government had indicated that other projects were considered to be of more pressing concern at present than the protection of

[extra:quotes:boxoutcopy=1] Recovery of residential service charges is a minefield, particularly for unwary landlords who do not demand or give details of sums due by way of service charge within time limits set by the Landlord and Tenant Act 1985. Section 20B of the 1985 Act provides that a landlord has 18 months from incurring a service charge expense to demand or notify the leaseholders of payment. Otherwise, a landlord will be prevented from recovering any sums incurred outside the time limit. There

Many former military personnel can be found on-site managing apartment blocks as the front line in estate management. News on the Block interviewed three estate managers with military backgrounds. Paul Harrison, Development Manager, West End Quay Walter Arciaga, House Manager, River Gardens Morris Dickson, Estate Manager, Holborough Lakes [extra:quotes:boxoutcopy=1] NOTB: Why do ex-military personnel make good estate managers? PH: Although people might not realise it, being a Development

The beauty parade is over; you’ve picked up a substantial new block with a winning combination of service, excellence and value for money. And this is where the fun can start: extracting the documentation from the previous managing agent. When you take over a new block, you will want to secure as much personal, financial and property documentation as possible from your predecessors. As a bare minimum, you should ask the managing agent for the previous six years’ documentation relating to service charge

[extra:quotes:boxoutcopy=1] The West Sussex Flats Insulation Project In 2008 a Partnership of 6 adjoining Local Authorities formed the West Sussex Partnership, and won a bid for 3 years of funding from the Regional Housing Board to help fund any excess payments required for Warm Front grant applicants. When the Warm Front Grant maximum was increased at the start of 2009, demand for ‘top-up’ funding was greatly reduced and the Government Office for the South East (GOSE) permitted the West Sussex Partne

Construction has the highest number of fatalities for the year (50, with a rate of 2.4 deaths per 1,000 workers). The life of a construction worker can be extremely hazardous – with fatalities involving electrocution, being hit by falling objects and being trapped underneath vehicles according to statistics compiled by the Health and Safety Executive and analysed by No win no fee lawyers Claims Direct. In the services sector there were 47 fatal injuries (0.2 deaths per 1,000 workers).

ARMA, the trade body for managing agents, has stepped up its search to replace David Hewett as Chief Executive. Peter Dening, Chairman of ARMA has stated that the association is “...at a crossroads ...”. Specialist recruitment agency, Saxton Bampfylde has been retained for the search. Hewett’s successor will be reporting to the Council of ARMA, and tasked with recommending and implementing policy amongst other key responsibilities. Salary and the number of candidates who have so far applied have not been

Property managers are increasingly coming under pressure from residents to upgrade their current TV systems, particularly given the recent advances in TV technology and the digital switchover (DSO). This was the case at Haddenhurst Court, a 2 storey block of 37 private retirement apartments in Berkshire, managed by a national retirement property company. In the past, residents watched TV through an analogue communal TV aerial. However, many have found the range of TV options quite limited. Addressing th

The role of the managing agent is central to the management of a Residents Management Company (RMC) or Right To Manage (RTM) block. Often the role of director is taken by an unpaid volunteer with little or no prior knowledge of company law, their duties, responsibilities and potential personal liabilities. The board of directors will expect the agent to carry out its wishes and it is therefore imperative that the agent fully understands the relationship and also the company’s constitution. Every company

In a case brought against the Swedish Government, the European Court of Human Rights has ruled that preventing people from using a satellite dish is a breach of human rights such as the right to freedom of expression and the right to practice religion. Many blocks of flats in the UK have clauses in their leases which prevent the installation of satellite dishes by individual leaseholders, and consequently communal tv systems are often provided. Bob Smytherman, Chairman of the FPRA, said: “...this decision

Upon receipt of a Right To Manage claim notice, a landlord party will need to give consideration to legal, commercial and tactical issues, which will include the following: Whether or not to admit the claim; Its obligations and position in respect of contracts; Issues with regard to contractor notices; The general approach to take in dealing with the RTM Company; The treatment of service charges; and Costs. Counter-Notice Any party given a claim notice by a RTM company may give a counter-notice.