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Here are some questions any interested party should raise about ARMA-Q, the proposed new self-regulatory regime from trade body the Association of Residential Managing Agents (“ARMA”) - along with some answers provided by ARMA:   1. How can the new proposed Regulator be seen to be “truly independent” when it is ultimately appointed by and accountable to ARMA’s Governing Council and financed by ARMA? Can the Regulator demonstrate sufficient operational independence? ARMA- It is worth remembering that AR

For those of us that have pondered if a self-catering hotel or an office could also be a house, we have been in good company. In the widely reported conjoined case of Day v Hosebay and Howard de Walden Estates Ltd v Lexgorge (2012), the Supreme Court concluded that commercially used buildings will not qualify as houses for the purposes of an enfranchisement claim under the Leasehold Reform Act 1967. The 1967 Act gives the tenant of a house held under a long lease the right to compulsorily acquire the free

The factors to consider when assessing whether a licence is required or whether a letter of consent will suffice or indeed whether works need any consent are numerous but will for the most part be dictated by the Lease. Other advice might be contained within a buildings own Rules & Regulations and/or specific Licence To Alter Guidance. Let’s assume a licence is required and that you appoint a surveyor on behalf of the Landlord to advise and report on the lessees proposals which are deemed not insignific

In a straw poll, 70% our property management clients chose ‘Licences to Alter’ in response to a question: ‘Which part of your work do you most dread?”. The whole process of Licences to Alter is paved with issues – both technical and diplomatic. The key to their irritation factor is the number of involved parties and the collective time pressures to deal with applications promptly. There’s the leaseholder’s application to the landlord; the landlord’s call to the surveyor; the surveyor’s review of th

There is no excuse for a poorly managed project. At the outset, every client understandably expects to see it delivered on time, on or under budget and to an exceptional quality. However, too often failure to achieve this is down to poor project management. A Project Manager with relevant knowledge and experience, and equipped with efficient processes, tools, and templates, can significantly improve the delivery of any project. The Process Project Management begins with an initial appraisal meeting in or

Not considering lease terms and obligations carefully when specifying works. Failure to follow the terms of the leases closely can lead to the cost of works not being recoverable. Taking a builder’s advice about what works to do rather than taking expert advice. Everybody is keen to save money and often professional fees might appear to be an unnecessary expense. However it is far more expensive in the longer term to proceed with the wrong works, or do the works in the wrong way. It is vital to ensure th

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