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Over the last 6 months of reported cases, the Ombudsman Services: Property has investigated 9 cases of complaint against managing agents. In reaching its final decision, the Ombudsman required the managing agent to apologise (in three cases), to pay compensation of between £50-100 (in three cases), to take remedial action (in eight cases) and to take no further action (in one case). The complaints presented included: failure to provide a service charge certificate with the accounts, failure to upkeep the

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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

[extra:quotes:boxoutcopy=1] Ponds can be attractive features for any garden or open space. However, if they are not managed properly they can become polluted, overgrown and attract pests. To prevent this it is important to carefully consider ongoing management and maintenance plans. Good water quality is key to the healthy life of a pond and must be kept clean to provide suitable habitat for animals and plants. Water can be cleaned naturally, through planting special water plants to filter impurities

[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

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

A 191 page guide to fire safety in blocks of flats has been published by the Local Government Group. The document also includes relevant case studies that focus on some of the common issues found in blocks of flats with suggested fire safety solutions. FPRA Chairman Bob Smytherman, who was also a member of the reference group that produced the guide, said: “The previous advice covered most types of property, but it was never sufficient for common parts of blocks of flats and some landlords and residenti

Auditioning for a replacement managing agent can feel like a time-consuming gamble, and it’s not a process you want to keep repeating. With numerous managing agents to choose from, how do you differentiate between the many hopefuls and make sure you find the one who is exactly right? The standard procedure is to find companies which are members of the Association of Residential Managing Agents (ARMA) or the Royal Institution of Chartered Surveyors (RICS), invite a selection of firms to tender, listen to

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

[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

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.

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