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News on the Block interviews Bob Smytherman, Chairman of the Federation of Private Residents Associations as they celebrate their 40th year.
NOTB: How did you get involved with the FPRA?
BS: When taking over from the previous management regime in my block the RMC Directors at that time looked for a variety of sources of independent advice to assist us with our new expanded roles and came across the FPRA and realized that membership was essential to deal with the variety of challenges we were likely to face.
NOTB: This year is the 40th Anniversary of the FPRA. How did the FPRA begin?
BS: The FPRA started before I started school! However, we have a couple of current committee members who were involved during the early days who advise me that the FPRA was born out of the Federation of London County Residents’ Associations which was formed in November 1971 to counter the activities of First National Finance which bought Key Flats. Salmon James, was the first Chairman of the organisation. In May 1973 the name changed to the
Federation of Private Residents’ Associations (FPRA) and adopted amended “Rules and Constitution” and a part time office in Chatsworth Court in West London.
NOTB: ...and what are some of the landmark achievements of the FPRA over the last 40 years?
BS: Providing an independent ‘grass roots’ perspective to successive Governments on the various leasehold Acts of Parliament including Landlord & Tenant Acts and the Commonhold & Leasehold Reform Act as they have passed into legislation and more recently highlighting the problems with this unregulated sector affecting millions of leasehold flat owners with a variety of national media appearances including BBC Watchdog and BBC Rip off Britain.
NOTB: Why should leaseholders form a residents’ association?
BS: Having a well-run residents association is the best way to communicate between leaseholders and landlords whether the building and estate is managed by the leaseholders themselves or has a separate managing agent. It is also essential to seek formal landlord recognition of the residents association as this allows individual leaseholders to have far greater influence on how their homes are managed. For instance as a Recognised Tenants Association (RTA) a Residents Association can be set up by blocks of any size and have the right to be:
- consulted about the appointment of managing agents,
- notified of works proposed by the landlords and to receive copies of estimates,
- submit the names of contractors that it would like to be included in a tender list,
- obtain information about service charge accounts,
- appoint a surveyor who will have rights of access to the property and to the documents retained by those who manage the property.
NOTB: What are the benefits of being a member of the FPRA?
BS: As an FPRA member, Residents Associations have free access to a variety of leasehold advice from our team of dedicated experts including our legal advisors who understand the complexities of the legislation and who have many years experiencing the variety of issues and problems faced by leaseholders throughout England & Wales. In addition we publish quarterly newsletters to keep members abreast of the fast changing legislation affecting long-leaseholders as well as case studies and our ‘legal jottings’ of current cases with the courts. Most recently we have teamed up with News on the Block to offer our members a free website for their own block.
NOTB: Can you give some examples of the problems faced by your members?
BS: Common queries to members include advice on Health & Safety, and Fire Safety laws as well as more detailed specific advice with interpretation of terms of the lease, buying the freehold and the right to manage.
NOTB This is a big year for the FPRA. What are your key campaigning issues?
BS: 2011 will see the implementation of Section 36 Equality Act 2010 which refers to the Common Parts of leasehold premises and the Clamping Ban in the Government’s ‘so-called’ Freedom Bill. The FPRA believe this is a knee-jerk reaction to newspaper horror stories about the victims of rogue clampers. We believe the way to solve the problem is not to ban clamping altogether, but to regulate the clamping industry including introducing a maximum fine clampers can charge. The Coalition’s proposal to ban wheel clamping may not be the populist measure they think as they have failed to appreciate that thousands of ordinary residents living in blocks of flats with car parking spaces are victims of illegal car parking. Whose Freedom is being preserved by this Bill certainly not leaseholders with a private car park?
NOTB: In your time as Chairman of the FPRA, what lessons have you learned about block management?
BS: Since becoming Chairman a few years ago I have realised the problems faced by leaseholders are far wider than just those experienced in my own block and many of the solutions can be found by simply sharing our experience with other Residents Associations who have already overcome the problem which is the main strength of our organisation. We are an excellent example of the ‘BigSociety’ in action working for long-leaseholders.
NOTB: What do you think the future holds for leaseholders? How would the FPRA like to see the residential property management sector developing?
BS: Following the Government’s woeful failure to implement ‘Commonhold’ as a realistic alternative to the current system it is quite clear long-leasehold tenure is here to stay and for the sector to best meet the requirements of leaseholders we believe successful property management can best be achieved by embracing the ‘Big Society’ getting together with your neighbours and forming a residents association recognized by your landlord supported by the FPRA who have 40 years experience in helping likeminded leaseholders make the most of their homes.
NOTB: Do the FPRA think managing agents should be regulated?
BS: It is quite clear that self-regulating an industry worth billions of pounds has failed just like the banks and therefore an independent regulator to protect leaseholders from unscrupulous landlords and managing agents is essential.
NOTB: What do the FPRA think about the Government’s review of the Leasehold Advisory Service?
BS: Of course a new Government should review all public spending, however the so called ‘bonfire of the quangos’ has resulted in an ideological rather than rationale approach and therefore we hope when the Government look closely at the benefits of LEASE and the outcomes for leaseholders they will see the this work can not be undertaken by Local Authorities, Citizen’s Advice Bureau and other advice organisations as this is a very specific and detailed area of housing law which was the very reason it was set up in the first place by the then Conservative Government.
The FPRA’s Top 5 Tips for forming your residents association
1 Discuss the benefits with residents in advance
2 Clearly explain the role of the committee to potential Officers, Chair, and Secretary etc.
3 Check and Maintain accurate records for all members
4 Seek formal recognition from the landlords
5 Take external advice from an independent specialist such as the FPRA
Who are the FPRA?
The Federation of Private Residents’ Associations (FPRA) are a not-for-profit advice, support and lobbying organisation for private residential leaseholders, tenants’ and residents’ associations, and residential management companies. They are an independent national voice of residents’ associations with 40 years experience advising our membership as well as responding to consultations by government. Their advisory services are free to members, who pay an annual subscription fee. The FPRA has over 550 member associations representing 1000’s of long leaseholders who are Residential Management Companies (RMC), Right to Manage Companies, Recognised Tenants Association and similar groupings dealing with around 30 enquiries each day by either e-mail, phone or letter.