Flat Living Magazine - Issue 18

ISSUE 18

HOME IS WHERE THE ART IS EXPERT ADVICE ON ...

EXPERT ARTICLES ON ...

UNDERINSURANCE AND HOW TO SPOT IT

SHAPE UP YOUR GARDEN FOR SUMMER

APPEALING YOUR FTT DECISION TAKE ACTION ON FIRE RISK ASSESSMENTS HELP, GUIDANCE & INSURANCE FOR YOUR DIRECTOR DUTIES NEW LEASE EXTENSION DIRECTORY FIND A NEW MANAGING AGENT

RECYCLING UNWANTED BIKES SPOTLIGHT ON BLOCK MANAGEMENT SOFTWARE HOW TO MAKE FILING STATUTORY FORMS EASIER

y r u x u L at g n i v i l & s e n y Pa thwick Bor harf W ge 56

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Welcome It's all change at Flat Living.We've added more pages and a whole new directory section at the back of the magazine.We hope you like it.

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LIFESTYLE Shape up for summer Sonic Grounds Maintenance offer their tips for getting the best from your garden this summer Facebook for flats?

John Compton explains how Streetclub can keep everyone in your block connected Unwanted bikes at your block?

Get recycling. How local charities could help when it comes to dealing with communal clutter

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ON THE RECORD We report on the new Leasehold Reform (Amendment) Act and the Flood Re insurance scheme, look at overheating in new flats and reveal two new apartment schemes for London.

We also talk to three property experts about the OFT's leasehold market study We report from ALEP's spring conference and announce dates for the autumn event.

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ADVICE & OPINION Alan Walker When it comes to property management, it's vital to strike the right balance, especially where noise is concerned.

Bob Smytherman Bob talks to us about Flood insurance and we talk to him about his year as Mayor of Worthing Legal Jonathan Upton explains that lessee's rights to service charge information may be clear but enforcement is limited Q&A Bruce Maunder Taylor provides answers to readers' questions FEATURES Getting what you pay for Lorna Harington takes a look at some frequently overlooked aspects of block insurance Directors, take cover CHUResidentsline argues the case for D&O insurance policies Are you taking your responsibilities seriously?

RMC and RTMCo Directors need to be aware of their duties and liabilities under the law says Karina James Wiltshire Property in the media Bernie Wales talks about his TV debut Making an appeal Ellodie Gibbons explains the appeals process and offers advice on what to do if you are unhappy with an FTT decision Featured blocks

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Manchester's Green Building puts the environment first while providing an affordable, sustainable lifestyle for residents Software in the spotlight Flat Living reviews market leading block management software packages Meeting the red tape challenge Inform Direct explains that there is now an easy way to file your statutory paperwork online Featured blocks Paynes and Borthwick Wharf is bringing the arts right onto the doorstep of residents in West Greenwich Health and safety What should you do once you have completed your fire risk assessment ?

Gregg Masters has the answers

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DIRECTORY New Direction Flat Living's round-up of new commissions in recent months for property managers around the country Find an agent ARMA members advertise their services ARMA Directory ARMA News

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ALEP Directory

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MOVERS & SHAKERS Company news and appointments Women in property We interview Mary-Anne Bowring, managing director of Ringley Limited and a governor of the IRPM

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ISSUE 18 FLAT-LIVING.CO.UK

Flat Living gets a new look for summer WELCOME TO THE SUMMER ISSUE OF FLAT LIVING, now bigger and brighter than ever before and packed full of news,views and features that we hope you will find both interesting and entertaining. To give our readers even more essential leasehold advice, guidance and need-to-know content on everything from new legislation to setting up a Streetclub for your block,we have added extra pages and a whole new Directory section at the back.We hope you will like the changes we are making to your magazine and welcome your comments and ideas.

We apologise to our readers for the late delivery of this issue.

At Flat Living, as elsewhere in the leasehold sector,we have been waiting for a High Court decision in the Phillips v Francis appeal which we had hoped to bring to you hot off the press. Unfortunately, the appeal was adjourned and the decision has been deferred until October. Frustrating.

The good news for flat owners is that the Leasehold Reform (Amendment) Bill was enacted in May and is now law (see page 14).This is a small but important step towards creating a fairer legislative environment for leaseholders.

Also in this issue,we take a look at health & safety (pages 6061) and directors and officers insurance (page 33). Our IT feature on pages 43 to 52 reviews a selection of block management software packages and turn to the legal section on page 38 to find out how to appeal an FTT decision.Also, take a look at our featured blocks on pages 40-41 and 56-59 to read about some inspirational apartment buildings in Manchester and Greenwich.

Lesley Davis Editor e: editor@flat-living.co.uk

Follow us on Facebook, Twitter and LinkedIn @FlatLivingLoves

Conduct

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Lifestyle

Gardening 8 Streetclub 10 Communal Clutter 12

AT H O M E W I T H L E A S E H O L D

SHAPE UP

FOR SUMMER

Are your communal grounds well-tended or a bit of a mess? Sonic Grounds Maintenance offers some useful tips for getting the best from your outside space.

always creep over its boundaries onto paths and into borders and careful edge trimming keeps your garden looking neat and tidy.

Managing roses Some people are afraid to prune roses as they think that going in too hard may harm the plant. In fact, roses love a good hard pruning and one school of thought follows the adage that the harder you prune, the more growth you will get during the following year.A good general rule to follow is to prune roses back by 12 - 24 inches, depending on the original size of the plant. Check for root damage and make sure you trim away any dead or diseased stems (for example any that show signs of black spot). Cut away stems that are crossing each other as where they rub together, this increases the risk of disease. Roses like to be left to grow with no obstacles.Also, during the spring, green fly (aphids) will be attracted to roses so either use a selective pesticide to get rid of them or simply spray the roses with a hose to disperse the insects.

Managing shrubs Like roses, certain shrubs such as buddleia and lavender like to be pruned during the winter so that they will have good, strong healthy growth during the spring and summer.The best guide is to trim plants back to the size they were last winter if you want them to stay the same size. If you want them to grow larger, simply prune off a third of the previous season's growth.

Tackling weeds

Whether you and your fellow residents take care of your communal garden yourselves or use a gardener/contractor, it is useful to know something about garden maintenance. Here are a few basics to help you get the best from your green space.

First, lawns.The first cut should be a light one, gradually taking the height of the grass down each time it is mown.This way the grass has time to recover after each cut. It is also worth thinking about having your lawns fed by a professional, using a high nitrogen feed.This should also contain a selective weed killer to help eradicate weeds and kill any moss.

Aeration is another important step in the process of achieving a healthy lawn.Aerating a

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Is the grass always greener outside someone else’s block? lawn allows nutrients to get down to the roots, encouraging more, healthy growth. It also allows oxygen to filter down to the roots, helping reduce compaction. Spring and autumn are the best time to have your lawn aerated. Ask your garden contractor to edge the lawns, using either a half moon spade or a powered edge trimmer – which is a lot quicker! The previous season's grass will

Although spring and summer is when weed growth is at its most prolific,you can keep on top of this in paved areas by applying a good quality weed killer (such as those containing Glyphosate) on a regular basis.We all know weeds love flower beds and the best approach is to dig them out when they first appear.

However, if this isn't enough to get rid of them, a selective weedkiller should be used by a professional who should take care that any plants in the beds are not damaged.

Using bark/slate mulches If your flower beds are looking a little barren, adding a membrane and a layer of bark chips or an aggregate such as slate can hide a multitude of sins – it can also make your beds a lot more pleasing to the eye and will help keep weeds at bay.

Security Strong winds and unpredictable spring weather can badly damage fences and fence posts.To maintain security and prevent animals damaging your garden, ensure your

Issue 18

COMMUNAL GROUNDS fences are well maintained and any damage repaired as soon as possible. Keeping trees and shrubs cut back is also vital if your block has security lights dotted around the outside communal areas. Excessive growth can mean light sensors are blocked, leaving external areas darker and residents feeling less safe at night.

Drainage After last winter's extreme weather, it is vital for anyone managing a residential block to identify any drainage problems. Keep a look out for blocked drain pipes and gutters and have them cleared by a qualified contractor. If your soft landscaped areas are always flooding then it is worth thinking about instructing a landscaping company to install a drainage system to help rainwater drain away effectively.

For more hints and tips on how to manage communal gardens,visit our website http://bit.ly/TopGardenTips Sonic Grounds Maintenance 8 Lime Tree Walk, West Wickham, Kent Tel 0800 043 3348 Email mail@sonicgorundsmaintenance.co.uk www.sonicgroundsmaintenance.co.uk

Lifestyle

Employing the Professionals When employing a professional garden or landscaping contractor, it is vital to ask the right questions.

Do they have public liability insurance – ask to see a copy?

Do they hold any publicly recognised qualifications to showcase their willingness to work safely, such as 'Safe Contractor'?

Does the work they are being asked to undertake require qualifications, such as a chainsaw license?

Do they have a waste license?

Do they have a health & safety policy – ask to see it?

Who will be undertaking the work – the person interviewed or other members of staff? If staff, then ask if they are trained,will they be in uniform etc.

Always ask for previous examples of the company's work and a written quotation and find out whether they can provide a guarantee for major works.

Finally, don't forget that cheap isn't always good – often you only get what you pay for – and if an offer sounds too good to be true, it probably is.

Also, go with your instincts; if you don't like something about the company that is quoting for the work – don't employ them.There is plenty of choice in the marketplace.

Lifestyle STREETCLUB

Is this Facebook for flats?

B&Q's John Compton explains how Streetclub makes it easy to keep everyone in your block connected Have you heard about www.streetclub.co.uk, the local, social networking tool that helps you and your neighbours have a simple and private way to talk, share and plan together? It's free to use, free from advertising, and designed specifically with residents' groups in mind. It has sections for ongoing discussions, club events, documents such as minutes, appliance and technical instructions, constitutions, photos of group activities and occasions and much more.

How to use Streetclub Just like other types of social media, the main feed (if you click on 'home' you always start here) shows the most recent things going on in your club. It easily manages pictures and text.You can even put a club photo on the left hand side below the map if you want to.

Here's the notification on a smartphone, with a comment already added.

The real strength of Streetclub is the customisable email notifications enabling any club member to find out as much or as little as you like via email,without having to log in.

Essentially, it's a virtual 'community noticeboard' – a Facebook for flats.

How do you get started?

Setting up a club is really easy. Simply go to www.streetclub.co.uk and 'sign in'. First of all, you activate your account by confirming your email address.Then,you put in your postcode and choose your address from the list. Once you've done this, then we can show you a list of clubs near you. You can choose to join an existing club if that's right for you – or start a new one if there isn't already one in your area or your block.You'll see that there is a small description to help you choose.And if you are a Resident's Management Committee, only the first person to log in has to create the club!

You name your club, decide how big the coverage is (note – this can be as small as 50m for a block of flats) decide how new members are approved, and name it – then you are done!

Once you've created your club, then any new person joining Streetclub and using a postcode inside the circle you defined can apply to join your club – then you can approve them and let them join. It is as easy as that!

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To get started, simply click on the white box marked 'click here to start a conversation'.You'll get a drop down menu which is set up for discussions, though you can click on the other choices to get a drop-down designed especially for other types of entry.

You only need to enter three pieces of information and click 'submit' to start a conversation and this is posted in the feed straight away.All club members will be notified of this at 6pm – unless they have changed their settings – via an email.

If they are not interested, they can simply delete the email, but they have been kept informed. If they want to add a comment, they can simply click on the message and add one.

This is just one example of how Streetclub can make your RMC or Resident's Association simpler to run and keep everyone wellconnected.

There's lots more to discover inside the site – so why not set up a Streetclub today and see how we can help get you and your neighbours together.

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STREETCLUB

Lifestyle

Also,why not invite your property manager to join your Streetclub – they can then respond instantly to resident's queries and deal with problems as they arise.

After all nothing keeps the peace better than good communication and the knowledge that something is either being done on your behalf or has been noted and scheduled for action to be taken.

Streetclub in action CL Management Company is a group of around 60 houses that have used Streetclub to keep everyone informed of what's going on.

Having set up the club in November 2012, they now have 70 members using it to communicate about anything from heating, parking issues, lending each other tools.

They've even started storing common documents such as heating instructions, for future reference. Of course Streetclub applies just as well to flats as to houses and Donna, one of the people who set up the club, explains how her neighbours are benefitting from using the software. “Streetclub means that everyone finds out what is going on.

It's really easy to have a conversation and capture everyone's comments. In reality we find that about 20% of us post items up, and the great thing is that we know everyone has had the chance to see what's going on.And there's no need to print out a newsletter and go door to door on a cold evening!

“I particularly like using Streetmail as well, as a way of getting an urgent message to everyone in seconds.”

Don't By encouraging forget yourresidents propertyto manager join yourcan RMC useStreetclub Streetclubyou toocan: · Send urgent messages to residents without having their email or phone numbers · Take advantage of an easy communication channel from residents to you · Encourage residents to help each other over small issues first

· Start discussions about future projects and start the consultation process · Store important documents (such as 'How To's', instructions and manuals) for access by residents · Use the voting facility to gain clear democratic agreement over key decisions

John Compton manages Streetclub by B&Q, the first social network aimed at getting neighbours at Street level to talk, share and plan together to build a stronger community spirit Email: john.compton@b-and-q.co.uk

Don't forget your property manager can use Streetclub too Issue 18

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Lifestyle COMMUNAL CLUTTER Unwanted bikes at your block?

Get recycling

Is communal clutter giving you a headache?

A local charity could offer a cheap and easy solution Flat owners leaving their belongings in communal areas is a problem that just won't go away.

Potentially the biggest impact is how it would affect your fire risk assessment and escape plan for the building.

Your local fire officer would be horrified to find bikes and buggies in the common parts so expect a lecture about how difficult firemen would find it to make their way down the corridor,when they are tripping over bikes and other bulky items.

How to deal with 'communal clutter' is a question that is frequently raised by Flat Living readers and it was one of the subjects dealt with in our last issue on pages 32 and 51.

Disposing of bulky items such as bikes, buggies and even mattresses is a costly and time-consuming job that managing agents have to tackle only too frequently.

Tori Lax from Rendall & Rittner Regional Ltd says those living in unsupervised buildings are the worst culprits – assuming they won't be caught dumping their unwanted belongings in or around their block. CCTV cameras can help keep the problem at bay but a better, cheaper solution is to find ways to reuse unwanted items. One of the biggest headaches for residents and their managing agents is abandoned bikes.According to Tori, overseas students are often guilty of finishing their course and going back home, leaving their bikes behind – frequently outside their old flat.

Site maintenance experts,WR Limited, have just received a request from two leading property management companies to help them with the problem of abandoned bikes at some of the blocks they manage.WR offers a

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service whereby they store bikes for 28 days to give the owner a chance to make a claim.After that the bikes are usually taken to the council tip. However, as a result of rising commercial waste charges and the drive towards recycling, WR director Linda Watson-Murfitt is in the process of finding a more sustainable solution.

“I am looking at setting up a link with a local social enterprise company that provides bike repair training courses for school children,” she says.” If we can establish a link with a company that can recycle these items it makes good sense. Recycling is great for the environment and it will reduce our costs, helping us keep our charges to clients low”.

Rendall & Rittner Regional Ltd has developed a simple four-step strategy to tackle the bike problem,which works like this: Step 1 - Letter sent to residents that disposal of items is to occur at a certain date, say 6 weeks hence and clearly explaining the steps that will be taken.

Step 2 - Tagging of suspected abandoned bikes with Tyvek labels - this can be done by the concierge if is there is one, by the property manager or by a resident willing to get involved.

Step 3 - Final notice of disposal tagged on abandoned bikes for two weeks Step 4 - Removal of bikes after eight weeks from the start of the process.This ensures that residents have had plenty of time to reclaim their property before it is disposed of. Bikes are then sent to charity after photos have been taken and a record filed at Rendall & Rittner.

“We tend to carry out this exercise every six months and have found it to be very

successful,” says Tori.The company has donated bikes and other unwanted items to a range of charities in the past including Sense and the British Heart Foundation.

If your block would benefit from putting a similar system in place,you can download a model policy and sample labels by going to: www.aber.ac.uk/~reswww/en/ houseservices/Abandoned%20bicycle%20 guidelines%20E.pdf For a list of charities that have specific cycle projects, please visit our website: http://bit.ly/FLbike-recycling “We also display these charities' flyers on site so residents can contact them directly to arrange collections of their re-usable items,” Tori explains.

If your problem is storage rather than abandoned bikes, why not consider clubbing together to buy a bike shed for your block. This doesn't have to be an expensive project and could save a lot of arguments between neighbours over bikes blocking corridors and other communal areas as well as reducing the risk in relation to fire.

A number of companies specialise in bike storage solutions. Look out for a feature on Bike Sheds in our next edition.

Issue 18

record On the

Leasehold Reform 14 Flood Re 17 OFT Review 19

W H AT S H A P P E N I N G I N T H E L E A S E H O L D S E C T O R

LEASHOLD REVIEW

LEASEHOLD REFORM (AMENDMENT) ACT COMES INTO FORCE On 13 May the Leasehold Reform (Amendment) Bill which received Royal Assent in March made it onto the Statute books as an Act of Parliament. Prior to the new law, any flat owner wishing to extend their lease or join with their neighbours to buy the freehold of their block of flats,was unable to do so by law unless they physically signed the required legal notice themselves. This affected people who, for physical or mental reasons,were unable to sign a notice, as well as anyone who was out of the country for an extended period and wished to appoint someone to deal with their legal affairs while they were away.Also, where one individual in a lease extension or

freehold purchase case was unable to sign a notice, this could impact on the whole collective enfranchisement exercise if that person happened to prevent the group from reaching the necessary minimum participation rate. This subject has been a legal bugbear for enfranchisement professionals and their clients for many years.

NEWS

LEGAL

IS YOUR FLAT IN DANGER OF OVERHEATING?

Research from the Good Homes Alliance published (source: Building magazine) reveals that flats built after 2000 are at high risk of overheating and causing serious health problems for residents , particularly if they are elderly or suffering from existing health problems.

The report,which was based on a survey of more than 100 housing providers, environmental health officers, local authorities and GHA members, outlines details of 90 instances of overheating. Almost half these cases occurred in purpose-built flats and retirement properties and 30% occurred in properties built after 2000. Small flats and those in urban areas were found most likely to overheat. The causes are listed as inadequate ventilation; single aspect flat design; large areas of full-height glazing; and fixed windows. Overheating in homes is linked with a range of health issues, including mental health problems, stroke, and heart attack. In 2003, 700 deaths were recorded as a result of heat waves.

James Hulme, from the House Builders Association believes that the Building Regulations are to blame for specifying levels of airtightness that are too high, causing buildings to overheat. “The regulations need to change and buildings need to be able to breathe, he said in Building.

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This has all changed with the new Act which means that a duly authorised person – such as a solicitor or someone with a power of attorney – can now sign any required notice on behalf of one or all of the individuals involved. This brings the law in relation to the

signing of notices by tenants into line with the rules affecting freeholders when dealing with counter-notices. The Leasehold Reform (Amendment) Bill was drafted by Seddons solicitor John Midgely with support from the Association of leasehold Enfranchisement Practitioners and supported in its progress through Parliament by David Nuttall MP. Anyone wishing to know more about what the new legislation means in practice can go to the Seddons website www.seddons.co.uk

PHILLIPS v FRANCIS APPEAL IS DELAYED The appeal in Philips v Francis was due to be heard by the Court of Appeal on 14 and 15 May but the case has been adjourned until October.

the account for computing the lessee's contribution and then applying the statutory cap.

The original decision (December 2012) established a new approach to qualifying works under Section 20 and held that it is wrong to identify one or more sets of 'qualifying works'; there is no 'triviality threshold' in relation to qualifying works; and all qualifying works should be brought into

Case has been adjourned to 13-15 October 2014 at the last minute,TSol (the Treasury Solicitor's Department) applied to intervene by serving a witness statement. Leaseholders and their property managers now have five months before the Court of Appeal clarifies the position.

TWO TOWERS Two residential towers are to be built in London's Royal Victoria Docks, by developer Hub Residential to a design by CZWG Architects.The Hoola scheme, announced in January,will comprise 360 apartments housed in two towers, one rising to 23 storeys and the other to 24 storeys. Hub Residential aims to transform the currently disused site, two minutes walk from Royal Victoria DLR, into a glass clad, twin tower development of studio, one, two and three bedroom homes.

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On the record INSURANCE

LEASEHOLDERS LEFT TO SINK OR SWIM UNDER FLAWED FLOOD INSURANCE PLANS Millions of homeowners living in areas at risk of flooding will face long term misery if the government presses ahead with plans to exclude millions of homes and businesses from its new affordable flood insurance scheme, property organisations have warned.

In January press reports revealed that the 'Flood Re' proposals, drawn up between government and the insurance industry to provide insurance policies for homeowners at risk from flooding,would exclude all leasehold flats from affordable cover. Small businesses and privately rented properties are also to be excluded under the government's plans, despite Environment Agency figures revealing that one in six properties in the UK is at risk of flooding.

However, the Department of the Environment, Food and Rural Affairs have now amended previous plans to include small leasehold blocks comprising three flats or less in the Flood Re proposals on the proviso that the freeholder is among the residents. David Cameron has also reversed the government's decision to exclude properties in council Tax band H from the Flood Re scheme. However, the proposals, as they stand,will still exclude most buildings insurance cover for:

Association (FPRA), the British Property Federation (BPF) and the Leasehold Knowledge Partnership (LKP),which are lobbying to safeguard affordable flood insurance in the Government's new 'Flood Re' proposals.The aim of Flood Re (which is included in the Water Bill) is to ensure that those living in high-risk flood areas can access affordable cover.

If residential leasehold properties are excluded from this protection, flat owners could find themselves facing rocketing insurance costs and may even experience difficulties in obtaining cover,which in turn could have a knock-on effect on mortgages and property values.

Ian Fletcher, Director of Policy at the British Property Federation, commented: “By excluding millions of properties from its new flood insurance scheme, those who are unable to punch their weight in the insurance market – individual homeowners in leasehold flats, small independent businesses and buy to let landlords – the government is exposing people's homes and livelihoods to risk, greater financial burden and insecurity”.

Leasehold properties; The entire private rented sector; Small and medium-sized enterprises (SMEs); Housing association homes; New-build homes constructed after January 2009; and Council homes.

As a result the BPF is urging the government and the insurance industry to reconsider what it describes as “unnecessary exclusions”.

Excluding individual home-owning leaseholders “purely on the basis that insurers' IT systems can't cope” is a poor excuse, says the BPF which commented that “flood insurance is not a luxury for some to afford – it is a necessity.”

This is because the insurance industry categorises cover for these properties as commercial not residential, largely as a result of the assumption that insurance cover is usually sought for these properties by an agent rather than by individual homeowners.

However for many flat owners and some small buy-to-let landlords, this is not the case.

The insurance industry has argued that there is a lack of evidence to show properties excluded by Flood Re would be at a disadvantage. But leaseholders are still protected by the "Statement of Principles" (the forerunner to Flood Re) so they will not yet have experienced the effects of the open market.

The Association of Residential Managing Agents (ARMA) is one of several organisations, including the Federation of Private Resident's

For more on the Water Bill from FPRA chairman Bob Smytherman, see page 24 of this issue.

LONDON’S FIRST RIVERSIDE RENTALS

Issue 18

Construction of Greenwich Creekside East is scheduled to start in 2015, providing London with its first riverside homes for rent. Close to the centre of Greenwich the 1.18-acre site, acquired by developer and operator of rented homes Essential Living, has planning permission for 204 residential apartments and commercial space.

Amenities will include a concierge, club-room, rooftop communal terrace, storage rooms, cold room storage, car club, reading/communal room and office suites. Homes,which are being designed by Assael Architects,will be available to rent by 2017.

IN BRIEF CONSUMER GUIDE TO FLOODING

The Royal Institution of Chartered Surveyors (RICS) has published a new consumer guide about flood risk, looking at ways in which you can protect your home from flooding.To download a free copy go to: www.rics.org/uk/knowledge/more services/consumer-guides/guide-to flooding/

ARMA ADVICE ON NOISE

ARMA has updated the guidance note (reference E12) and lessee advisory note on solving noise problems.To download these guides, go to the ARMA website at: www.arma.org.uk

COMMONHOLD IS A NON-STARTER

Since legislation made it possible for residents to convert their blocks from leasehold tenure to commonhold in 2004, only 16 commonholds have been registered in England and Wales. In order to convert the tenure of flats to commonhold, 100% of tenants must be in agreement.This piece of legislation was described in the House of Lords in February as “one of the least successful on the statutue book” but at present there are no plans for a review.

RMC STARS ON YOUTUBE

Martin Weaver and his fellow resident directors at Chiswick Village in West London have made a short film about their art deco estate and the recent improvements that they have been making on site. Go to http//bit.ly/ChiswickVillage to watch their film and find out more.

RENDALL & RITTNER TAKE TOP SPOT AT RESI AWARDS

Rendall & Rittner won Property Manager of the Year at this year's RESI Awards, held on 14 May at the Grosvenor House Hotel in London's Park Lane.The awards recognise excellence in the residential property market. The Property Manager of the Year category was sponsored

by SLC Solicitors.

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OFT REVIEW

On the record

OFT puts block managers in the spotlight Are you happy with the service you are getting from your property manager? The Office of Fair Trading wants to hear the views of flat owners and their managing agents.

On 4 March the Office of Fair Trading (OFT) launched a market study into the way residential leasehold property is managed in England and Wales.

Government estimates show that as many as five million people are living in leasehold property and therefore it is of key importance to those homeowners that those managing this sector work as well as possible on their behalf. Rachel Merelie,who is in charge of the OFT study, explains: “We will look at whether there is sufficient competition in the market generally as well as taking a close look at specific areas which have been brought to our attention, including services provided to retirement properties.’

The OFT is looking at a number of aspects of leasehold property management including: · whether managing agents and freeholders have the same interest as leaseholders in keeping down costs; · whether leaseholders have sufficient influence on decisions taken by freeholders or others on the appointment of managing agents and the supply of residential property management services; · whether there are barriers to switching and whether competition between property managers more generally is working well; · whether managing agents' and freeholders' choice of properly qualified and compliant contractors.

To get some answers for ourselves,we asked Mary Anne Bowring, managing director of Ringley and Mark Gallimore, managing director of the Livingcity Group for their views as property managers.We also spoke to Sharon Crossland, a flat owner herself and founder of the Leasehold Life website.

Here's what they had to say.

Do managing agents have the same interest as leaseholders in keeping down costs?

Mary-Anne Bowring: A private sector agent who can be 'hired and fired' on a whim would want to seek reasonable maintenance costs; but there remains a problem when the leaseholder wants to Issue 18

Sharon Crossland: I think it depends on what type of freeholder a block has, and how it instructs the managing agent to act for it. For example many leaseholders have ground rent investors as their freeholders who will often use their own management companies. If the intent is to use the lease for what it was designed for, then the aims of managing agents and freeholders to make a profit will be diametrically opposed to the cornerstone of leaseholder's rights,which is that of 'reasonableness'.This is not easily viable when pitted against profit.

Do leaseholders have sufficient influence on the appointment of managing agents and the supply of management services?

Sharon Crossland Mark Gallimore

appoint an uninsured, unregulated contractor for cash and the agent needs to appoint a contractor who is properly vetted, qualified and regulated.

Mark Gallimore: While it is in everybody's interests to deliver a good value management regime, service charge management isn't always about minimising costs.Very often tenant pressure leads to under-budgeting (and subsequently spend) on items which maintain the ultimate integrity and stakeholder value in the scheme. Also, there can be a lack of consensus between owner occupier tenants who generally wish to see a full property maintaining/value adding service charge regime and buy-to-let investors, for whom the cost impacts on their income.

Mary-Anne Bowring: Leaseholder influence is at the £250 per unit threshold for building works and £100 per unit for any 'long term qualifying agreement' and at 50% participation to force control and claim the right to manage. For the first two, observations is the right; there is a statutory duty to reply in writing to observations and this is a useful advance opportunity for landlords to get scrutiny on their strategy prior to spending.There is no clear decision on rolling 3-month contracts which are the norm and therefore very few agents serve Section 20 notices for their appointment. Larger blocks suffer as 50% participation for right to manage is harder to achieve and while all managing agents are holding their breath awaiting a logical outcome of the Philips v Francis, small blocks are faced with unsavory paperwork costs for section 20 consultation on a cumulative repairs basis. Leaseholder scrutiny has also been unfairly curtailed since July 2013 when the power to award costs cap of £500 was removed with the change from LVT to FTT. The OFT should reverse this.

Mark Gallimore: Enlightened landlords will normally pursue a policy of consultation, if not full democracy,with their tenants in respect of the appointment of managing agents and the governance of the management service.

However, many ground rent reversion purchasers are currently accepting very low investment yields for developments

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On the record OFT REVIEW where the control of the management services is vested in the freeholder as they intend to manage in-house in order to derive an income stream from the service.

Combined with the potential income from the placing of insurances, this scenario probably affords the least opportunity for tenant influence.

Sharon Crossland: When it comes to management services and the issue of consultation, the decision in the Phillips v Francis case has left the process pretty much unworkable but it always was a 'one-size-fits-all' process based simply on major works historically being carried out with no deferring to leaseholders. Now that they are deferred to,with a £250 recovery limit on freeholder costs if no consultation is carried out,we can only hope that the delayed Phillips v Francis appeal is successful.We should revert to the £250 threshold with no requirement to add all anticipated works together at the beginning of the financial year.

Working for the directors of the RMC that own the freehold to the building where I live, I personally believe that protecting leaseholders rights (at least in this particular area) has gone far enough, especially when there are large numbers of blocks with increasing numbers of sublet flats.

Jargon buster: Trespass to goods A claim of 'Trespass to Goods' can be brought on the basis that, where there is a Principal (landlord/RMC) and an agent (managing agent) relationship, the file is the property of the client (see the case of Chantrey Martin & Co v Martin) and should be delivered up by the managing agent whenever requested.

Are there barriers to switching agents and is competition between property managers working well?

Mary-Anne Bowring: It is well known that there are unfair contract terms within the industry, even from ARMA members. There are agents that will not terminate unless termination is on an annual anniversary, or a letter is written to a named person - get it wrong and the poor client has to wait another year.That is not fair trading. Every client should have the right to 'hire and fire' subject to a quarter's notice.There is also no easy redress mechanism for inadequate handover for ARMA/RICS agents.This leaves the block struggling with remedies

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such as a claim of 'trespass to goods', a claim or 'conversion' or 'threatening to join the previous agent into proceedings against the freeholder' or for RTM clients to make a Section 94 application (see jargon buster).

Mark Gallimore: Where tenants have an option to switch managing agents, there are no major barriers. However, thought must be given to allowing for an adequate hand-over process between outgoing and incoming managing agencies.This may be dictated by the management agreement. It is essential that there is cooperation between all parties in order that the management switch is as seamless as possible Sharon Crossland: I have not yet attempted to switch although I have seen complications when others try to do so, particularly in terms of the transfer of documentation from the outgoing agent to the new one. It would appear that competition between agents is working relatively well as some of the smaller agents are coming up through the ranks to offer more tailored services.

Jargon buster: Joining to proceedings A threat can be made to join the previous managing agent to any proceedings (including service charge claims) in which a leaseholder is alleging some failure of duties by the previous agent, such as non-receipt of demands, demands improperly served (which could also give rise to a claim for negligence against the previous agents) cancelled.The government should prescribe statutory disclosures triggered when certain criteria is fulfilled and make it easy to get out of connected party contracts.

Mark Gallimore: The key for avoiding landlord/tenant conflict in respect to “related companies” is transparency.

There may be advantages to all in using related companies providing the relationship is declared and the contract can be demonstrated to be best value for the tenants, (for example by a process of tendering or open book cost assessment against the “marketplace).

Jargon buster: Conversion In a claim of 'conversion', conversion is defined as 'a voluntary act by one person inconsistent with the ownership rights of another', for example – a deposed managing agent refusing to deliver service charge documentation without the agreement of the landlord. In Scharzschild v Harrods Ltd, the Court of Appeal confirmed that for such a claim to arise, there has to be both an unequivocal demand for delivery up and an unequivocal refusal to do so.

Therefore an outright refusal does not need to be communicated by the previous agent.

Are managing agents' and freeholders' choice of contractors and services influenced by links with associated companies and financial commissions?

Mary-Anne Bowring: It is clear that certain managing agents and freeholders do collude with contractors, often without transparency. Agents who are RICS members have to disclose relationships – all should. Disclosure gives leaseholders the opportunity for scrutiny and where a connected party is proposed there should be a cooling off period whereby leaseholders can call for the contract to be

Sharon Crossland: I repeat my answer to question one – the same applies here.

Have your say. The OFT is looking for views from flat owners, so if you would like to take part in the research and have your say,you can submit your views in writing to: propertymanagers.study@oft.gsi.gov.uk In April 2014, the Competition and Markets Authority (CMA) took on some of the consumer protection functions of the OFT.The CMA will publish the final report before the end of the year.

Jargon buster: section 94 proceedings RTM companies can go to the FTT under Section 94 of the Commonhold & Leasehold Reform Act 2002 which will make an order for the transfer of uncommitted service charge funds.

For more information go to www.legislation.gov.uk/ukpga/2002/15 /section/94 - the section for a claim for money; and to www.legislation.gov.uk/ukpga/2002/15 /section/82 - for a claim for information.

Issue 18

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On the record CONFERENCE Robert Orr-Ewing

development rights. Piers,whose expert guidance on leasehold enfranchisement is now due for publication, considered the concept of 'Development Marriage Value' by referring to recent case law, including the decisions in 31 Cadogan Square, Grove End Gardens and Caroline House, London,W2.

Bill enacted

The Landlord & Tenant Act 1987 was the subject of barrister and leading enfranchisement specialist Anthony Radevsky's presentation.A knowledgeable and popular speaker, he outlined when this legislation might be used as an alternative to the 1993 Act and why it should be considered.

Mark Chick,who is the Chair of ALEP's working party on legislative reform, commented on the news, saying: "As an organisation,ALEP has always sought to engage government on anomalies and inconsistencies in the Leasehold Reform Legislation and has been in dialogue with the government over the last five years or so on these issues.Although there are a number of other points that still need to be addressed, and we are keen to be involved in any consultation on future reform in this area, this particular change has been achieved by an action led by John Midgley from Seddons,who has been particularly involved in the passage of this private members' bill.

Christopher Heather of Tanfield Chambers then presented the ever-popular case law update,which cited the importance to leaseholders and their advisers of the decisions in City & Country Properties Ltd v Yeats, Voyvoda v Grosvenor West End Properties and Cravecrest Ltd v Trustees of Duke of Westminster, among others.

LEASE helpline

ALEP CONFERENCE IS A SELL-OUT The Association of Leasehold Enfranchisement Practitioners (ALEP) held its Spring Conference at the Royal College of Surgeons in London.The sell-out event, sponsored by insurance brokers Kerry London, attracted more than 250 delegates,who were welcomed

by ALEP's Honorary President, Damian Greenish of Pemberton Greenish.

Alongside the presentations, Mark Chick updated delegates on the LEASE Pilot scheme, with which ALEP has been involved. Last year, ALEP members were asked to volunteer to take calls from the public looking for enfranchisement advice from LEASE, the government's leasehold advisory service.

Solicitors and valuers gave their time free-ofcharge and made themselves available to deal with queries out of office hours when LEASE advisers are not available.This has proved so successful that the scheme is to be expanded and ALEP is now looking for additional volunteers. Leaseholders who need advice can contact the helpline on 020 7383 9800 and request an out of hours callback.

John Midgley of Seddons then formally announced news of the Leasehold Reform (Amendment) Bill 2014,which was enacted in May.The news followed months of lobbying by Seddons and ALEP (see page 14 for more on this story).

“This collaborative effort is consistent with our aim of being a member organisation, run by professionals working in the sector, seeking not only to promote excellence within this particular field, but also to make it easier for flat owners to exercise their rights, and to improve awareness of the rights of flat owners generally."

The ALEP Autumn Conference will take place at the Royal Institution in London's Mayfair on 21 October.

For full details of this event and to browse the full ALEP programme for 2014, go to: www.alep.org.uk

Spring Conference: Valuations Update

The first speakers were Mark Chick,ALEP director and head of Landlord and Tenant at Bishop and Sewell, and Mark Wilson, Managing Director of myleasehold,who discussed the pros and cons of informal enfranchisement deals versus transactions taking place under landlord and tenant legislation.This topic was chosen in response to feedback from delegates at ALEP's autumn conference last October.

A second joint presentation from Robert OrrEwing, partner at Knight Frank and Piers Harrison, Barrister at Tanfield Chambers, then provided an in-depth look at the way in which blocks are valued for enfranchisement purposes. Comparing the theoretical with the actual, Robert looked closely at development value and the sale of 'airspace' leases with

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Issue 18

Advice opinion &

Alan Walker Bob Smytherman Mayor Bob Legal Q&A

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W H AT T H E E X P E R T S A R E S A Y I N G

Your favourite tunes may not always be music to your neighbour's ears What is the link between Dolly Parton's I Will Always Love You, Glenn Miller's In The Mood and the Shipping Forecast on Radio 4? The answer (whisper it) is that they are all sources of noise, and have been cited as the basis for issuing an ASBO aimed at curbing excessive noise and protecting the ears, health and sanity of near neighbours.

A judge is even said to have observed that the four chord harmonic progression of Dolly Parton's hit, later also famously and loudly covered by Whitney Houston among others, amounted to a form of psychological torture if repeated often enough at high volume.

It is difficult to imagine that the greatest hits of Glenn Miller could cause anyone any problems, but when played at all hours, for hours on end, at top volume, Big Band music can be a big problem.As for issuing an ASBO against the broadcasts on Radio 4, the very idea seems extraordinary.Yet noise, in all its forms,whether in the dead of night or the middle of the day, is a powerful pollutant and potential source of enormous friction between neighbours.

Following the three step conjugation 'I enjoy my music; you should turn down that racket; he ought to be evicted', beauty is very much in the ear of the beholder – clearly anything from Debussy to Dubstep to Thought for the Day can be a disturbance which drives people to the brink of distraction.

Issue 18

…think through your own stereo settings, tap dance practice routines and social calendar. Are you the one disturbing your neighbours?

And what about the person upstairs who clatters about the house in high heels on their wooden floor? The party next door, downstairs or across the hall,which blasts you with shrieking excitement every time the door opens for new arrivals or stumbling departures and where the thumping bass line makes your pictures rattle? Or vigorous conjugal relations,which can have the same effect.

So – what to do? Call the managing agent and demand an intervention? Perhaps surprisingly, this is not the recommended way forward – the managing agent is not the referee in such disputes between residents.The first step is to talk to your neighbour – in some cases they

may not be aware of the difficulties they are causing. If your overtures are not well received, both LEASE and ARMA advise that you keep a log and contact your local council – many of them have specialist noise nuisance units who can monitor and measure the problem and take action where necessary. And...

Here are some simple steps to less stress in communal living if you're having works done, let your neighbours know if your neighbour is hard of hearing and their TV blasts through your wall, let them know – steps can be taken to help if you're planning a party, let your neighbours know - they might arrange to be out that evening. You might even want to invite them to join you. Knowing about it ahead of time is preferable to being shaken awake at 1am and feeling the need to get out of bed and bellow through the window – particularly as that might wake others who had slept through.

And if you want to keep the flames of romantic passion alive without rattling the neighbours' pictures, or if there's going to be a big party at no 3, try a late hotel deal.

That way you get your personal choice of background music and even a duty manager to knock next door if they're keeping you awake. Perfect.

Alan Walker is an RMC Director

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Advice & opinion BOB SMYTHERMAN Floods: why are flats treated differently

negotiate their own deals.

This completely ignores the reality of leasehold in the twenty-first century. A great many blocks are now owned or managed by the lessees who, admittedly, sometimes use an agent to manage aspects such as insurance.

As usual, the Government hasn't considered the implications of its flood insurance proposals for flat owners.

As I write this article, homeowners are still reeling from the effects of flooding in various parts of the country. Fortunately,very few of the FPRA's members were affected on this occasion, but we have been involved with other organisations in lobbying the Government to ensure that leaseholders are not disadvantaged by proposals currently being put forward to deal with flood insurance cover.

If you haven't been following this story you may now be asking why leaseholders should be disadvantaged? To put this in context, the insurance industry agreement with the Government to provide insurance cover in flood risk areas recently came to an end.The industry has now negotiated with the Government to create 'an insurer of last resort' called 'Flood Re' following the same framework as the terrorism scheme which is called 'Pool Re'.The Water Bill is going through Parliament at the moment to provide the setup.

So far so good, until you look into the detail.

The scheme covers all residential properties except –can you guess – yes, they've excluded leasehold properties apart from those with three flats or less.

They have in fact, excluded a few others, as follows: · · · · ·

The entire private rented sector; Small and medium-sized enterprises (SMEs); Housing association homes; Council homes; and Properties in council tax band H.

The apparent logic behind this is that if you live in a leasehold property,you have to arrange your insurance collectively.The insurance industry counts this as 'commercial' cover not residential and as leasehold blocks are therefore businesses, they should be able to make your own arrangements and

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The latest Government figures show that leasehold property management arrangements broadly break down as follows: · 33% self-managed by lessees · 14% managed directly by landlord · 14% managed by a landlord who appoints a managing agent · 33% managed by lessees who appoint a managing agent So if these figures are correct (also a subject for debate), only 28% of the market is actually in the commercial bracket used by the insurance industry.

FPRA has been working with The British Property Federation; The Royal Institute of Chartered Surveyors; The Association of

FPRA has been working with The British Property Federation; The Royal Institute of Chartered Surveyors; The Association of Residential Managing Agents; The Leasehold Knowledge Partnership, and many others, to try and get the Water Bill amended.

Residential Managing Agents; The Leasehold Knowledge Partnership, and many others, to try and get the Water Bill amended. It's interesting that so many different groups have joined together because the proposals are so blatantly unjust.

The FPRA is frequently in contact with various Government departments and organisations, including the Financial Conduct Authority, to try and achieve a culture change in the way the insurance industry treats leasehold properties.We have a member on a large north east London estate where it is estimated that the freeholder and its agents (all overseas), generate over £600,000 in excessive and unjustified extra charges for insurance and particularly, terrorism insurance. Most of the properties are standard terraced properties built as a ground floor flat and a first floor flat.

If they were houses, terrorism cover would be automatically included in their insurance policies and not be levied as an extra charge.

In all fundamental ways these homes are no different from terraced houses,yet the insurance industry counts them as commercial, not residential and therefore, they are subject to extra charges.Why should this be the case - and will the new Flood Re arrangement be another opportunity to charge them extra? The whole thing is distorted. It really needs the Association of British Insurers and its members the stop and have a general re-think about how they treat the leasehold sector. In all my years working with the FPRA, the ABI has never replied to any correspondence sent to them on this issue.

I leave you to draw your own conclusions.

As I write this, the Water Bill legislation has not been finalised (see page 17 for more on its progress to-date) but with so many holes in a major piece of legislation, the question that needs answering is this.What will it take for the Government and the insurance industry to automatically and as a norm, treat leaseholders fairly?

Bob Smytherman is Chairman of the FPRA The Federation of Private Residents' Associations can be contacted: via its website at: www.fpra.org.uk via Twitter: @FoPRA Facebook: https://www.facebook.com/FoPRA or its LinkedIn Group: The Federation of Private Residents' Associations

Issue 18

Advice & opinion

FROM BURGER BAR TO BURGOMEISTER Leaseholder's champion and Mayor of Worthing Bob Smytherman, talks to Flat Living about his year in office As many readers will know, chairman of the Federation of Private Resident's Associations (FPRA) and regular Flat Living columnist Bob Smytherman took a sabbatical from his leasehold work to spend the year as the 97th Mayor of Worthing Borough Council. Bob took office in May last year and relinquishes his Mayoral chains in June.A Worthing resident for most of his life, Bob has taken an active role in local politics since 2002.

“I'm a real home town boy,” he says. “Having been born and educated in the Worthing area, my family connection with the town goes back over 200 years and we have lived mostly in the same area.Worthing means a lot to me… and to become the Queen's representative in such a historic Borough, which was awarded the Charter by Queen Victoria in 1890,was a huge honour and surprise for someone who started their career running a burger bar.”

Memorable events – among many - from his year to-date include hosting the World Blind

Bowls Championship - which was very special to him as his grandfather was blind and a keen bowls player - and welcoming Paralympian Ellie Symonds to open the town's new £20m new swimming pool 'Splash Point' He also attended a moving 'Light up a Light' gathering before Christmas for local hospice St Barnabas in the same week that Bob's own Mum was rushed into hospital having suffered a major stroke - thankfully now recovered but still requiring full-time nursing care.The final highlight of the year is that as Mayor of Worthing Bob has been invited to attend a Royal garden party at Buckingham Palace in June.

Recently described in an article for the Catholic Diocesan newspaper as a cross between Joe Pasquale and Harry Secombe with a twinkle in his eye, Bob has been given credit for being “a man of the people; one who does not sit on his official laurels, but gets out there to make a difference and is not afraid to go down routes former mayors may have felt were unpopular”.

He is the first to choose mental health awareness as his theme for the year and inaugurated Worthing's first mental health

awareness week last October which proved a great success. “Mental health is a very important issue for me personally, having lost my sister some years ago when she was suffering from post-natal depression” Bob explains.

One of the most enjoyable aspects of the year has been what Bob describes as “the grandeur” of holding civic receptions in the Mayor's Parlour – an oak paneled office with a 1930s cocktail cabinet and where he has enjoyed playing host to Elvis Presley's cousin Wayne Mann during his first visit to the UK and Italian ex-servicemen from the town, as well as meeting Lottie Sicilia who also lives in Worthing and is playing the title role of Matilda in the West End show.

Bob's year has been captured in pictures by local photographer John Young and local film makers have produced a DVD entitled a 'A year in the Life of Worthing'.All Bob's activities are listed on the first ever Mayor's Charities website at www.worthingmayorscharities.co.uk so anyone wishing to help Bob's chosen charities can donate via this site.

Following his action packed year as Mayor of Worthing, Bob will still be a familiar face in his home town as he takes on a new role - as Town Crier

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Issue 18

Advice & opinion LEGAL WHAT SHOULD MY LANDLORD BE TELLING ME? Jonathan Upton explains that lessee's rights to service charge information are clear in law but enforcement is limited Long leaseholders have a legitimate interest in finding out when and how much of their money has been spent by their freeholder. As Robert Walker LJ observed in the 1999 case of Martin & Seale v Maryland Estates Ltd , “Parliament has recognised that it is of great concern to lessees, and a potential cause of great friction between landlord and lessees, that lessees may not know what is going on,what is being done, ultimately at their expense.” That comment was made about major works but the statement could equally apply to all service charges.

What information can I request?

Parliament has given residential lessees various rights to demand information from their landlords and these are principally set out in sections 21 and 22 of the Landlord and Tenant Act 1985.

Under s.21, a lessee may require a landlord to supply him with a written summary of any costs incurred: a) if the relevant accounts are made up for periods of 12 months, in the last such period ending not later than the date of the request; or b) if the accounts are not made up for periods of 12 months, in the period of 12 months ending with the date of the request.

the Act),which carries a maximum fine of £2500. If the landlord is a company, the directors or managers may also be liable to prosecution and punishment.

Section 21A of the 1985 Act (inserted by the Commonhold and Leasehold Reform Act 2002 and amended by the Housing and Regeneration Act 2008) will entitle a lessee to withhold service charges if the landlord fails to comply with his statutory duties under section 21 (itself substituted and amended by those Acts). However, the new provisions, although enacted, have not yet been brought into force and the Department for Communities and Local Government has recently confirmed that the Government has no current plans to implement these measures.

Unfortunately, the Court of Appeal has recently decided that there is no civil remedy available in respect of ensuring compliance with ss.21 and 22. In the recent case of Di Marco v Morshead Mansions Ltd [2014], the lessee's claim for a mandatory injunction compelling the landlord to supply him with a written statement of costs which form part of the service charge (s.21) and to provide him with reasonable facilities for inspecting the documents which support the summary (s.22) was dismissed. This case reverses the 2013 decision of the High Court where the judge held that the lessee was entitled to an injunction.

Check your lease However, it's not all bad news for leaseholders.

Many leases include a covenant which states that,within a reasonable period after the end of the accounting period, the landlord must provide a certified summary of expenses incurred. A lessee may be entitled to force the landlord to comply by making a claim for specific performance or injunctive relief.

Compliance with such a clause on the part of the landlord also often has implications for the lessee's liability to pay the service charge.

Although landlords will no doubt be relieved by the Court of Appeal's decision in Di Marco, it is far better to avoid a dispute in the first place. This is likely to be achieved by communicating effectively with lessees and being transparent with service charge expenditure from the outset.

Jonathan Upton is a barrister at Tanfield Chambers specialising in property disputes and is co-author of the upcoming 3rd Edition of Service Charges and Management (Sweet and Maxwell). He is a member of the chancery Bar association and the property Bar Association.

The landlord is obliged to comply with the request within one month or within six months of the end of the relevant period set out in s.21(1) (a) or (b),whichever is the later.

If the service charges are payable by lessees of more than four dwellings, the summary of relevant costs must be certified by a qualified accountant as, in his opinion, a fair summary complying with the requirements of s.21(5) supported by accounts, receipts and other documents which have been supplied to him.

Where the lessee has obtained a summary of relevant costs, under s.22(1) within six months he or she has the right to make a request to the landlord in writing to (a) inspect the accounts, receipts and other documents supporting the summary; and (b) take copies or extracts from them.

What are my landlord's obligations?

Failure to meet the requirements of these sections of the 1985 Act on the part of the landlord is a criminal offence (under s.25 of

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Issue 18

Advice & opinion

Q&A

Bruce Maunder Taylor provides answers to readers' questions GETTING OUR MONEYS WORTH? QUESTION What exactly do managing agents do, except demand and collect our service charges? As far as I know, my block is trouble-free, I accept that is probably because the managing agent is doing his job, but I never see or hear from him and I have this sneaking feeling that he has a cushy job and a comfortable lifestyle, all at my expense.

ANSWER The straight answer is to Google The RICS Residential Management Code,which sets out a list of the duties which a managing agent undertakes as part of the management function. The Code is a mine of information, written in an accessible style and great to keep by your bedside if you occasionally suffer from insomnia!

The dream of every managing agent is to have a portfolio of trouble-free blocks of flats so that managing them occupies fewer resources than troublesome blocks and he thereby expects to make a comfortable but reasonable profit. As a rough rule of thumb, I guess that about 70%80% of blocks of flats are reasonably troublefree, 10%-20% require rather a lot of time and attention, and 10% have to be in intensive care for one reason or another. The fact that you never see or hear from your managing agent, and your block is trouble-free, probably means that the managing agent is competently and honestly carrying out the accounting function, and is properly monitoring services and repairs to the building so that you have no cause to complain. Living in a block of flats where you hear from and see the managing agent a great deal of the time usually means that there are a range of problems which are taking quite a long time to resolve, possibly with high cost implications.

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HAVE YOUR SAY QUESTION I am an elderly person who downsized from a house to a flat a few years ago. I have no other experience of flat living. I have received a consultation notice about renewing our roof, telling me that the management company intends to do it, what are my observations and do I want to nominate a builder (with a lot of things which would disqualify any builder I might nominate)? Is there really any point in me replying? Will anybody take notice of what I say if I do reply?

TO INSULATE OR NOT? QUESTION Our block was built in the 1970s with cavity brick walls. We have been offered cavity wall insulation for free but our managing agent says there are all sorts of problems with it and has put doubts in the minds of enough of us that the project has been dropped. Is it right that there are problems with it?

ANSWER A free offer is a funny thing. Some people can't get enough of it, even if they can't use it; some of them distrust it, convinced there has to be a hidden catch to it and,yes, there are some people, possibly not that many,who look at it carefully before making up their mind in a reasoned and considered way.When a warning is given about the disadvantages of an intended decision, the easy answer is to do nothing.

The Government wants us to save energy.

Heating our homes uses an enormous amount of energy so they offer generous grants to improve the insulation quality of our homes. Specialist firms offer cavity wall insulation based on the grant system: some blocks of flats go for it and some resist it.

However, there are a lot of people who think it's a good idea and go for it: they accept that the principle of energy conservation is right and assume that the builders would do a competent job unless and until proved otherwise. The Energy Act 2011 is part of the progressive pressure that will be brought to bear requiring property owners to improve the energy insulation of their homes as well as energy price rises and energy shortages.

How hard those pressures are pressed is open to question, but there is no doubt that there are big changes being required of our homes and buildings; in the end it is up to us to decide whether we do them because we want to, or because we are encouraged with grants, or because, at some time,we will be obliged to.

ANSWER A leading barrister recently suggested to me that, in our adversarial culture, most or all consultation procedures are simply a process to go through as quickly as possible, hoping for as little resistance or response as possible, before implementing the proposed decision which had been effectively decided before the consultation started. It is what he called a 'degraded procedure' which achieves little and is often not used as it was originally intended. It's an 'I know best but you may comment' process: a decision-based form of consultation rather than an evidence-based system. Those consulting are asking you about the proposed decision; they are not giving you the relevant facts, just the possible options as they see them and involving the people who are most affected, or who must pay the bill, by asking for their participation and ideas in formulating the proposed decision.

However, let us not ignore the fact that the statutory consultation procedure now available to flat lessees, case-law warts and all, is a huge improvement on the noconsultation background that existed prior to the 1985 Landlord and Tenant Act. So, is there really any point in you replying?

Yes. Point out that they have chosen not to give you any of the relevant background facts and have chosen not to give you any alternative options because, if they have to defend their decision at some future Tribunal hearing, the Tribunal will ask to see the consultation replies and consider them as part of their deliberations.

Will anybody take any notice of what you say if you do reply? Possibly not. But then, if everybody gave up replying, our degraded consultation procedure would not get any better and may well get progressively more degraded.

Bruce Maunder Taylor is a chartered surveyor and member of ARMA's Council If you have a question you would like us to answer, please contact Bruce at info@flat-living.co.uk

Issue 18

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Features

Insurance 32 Management 34 Disputes 38 Featured Blocks 40/56 Software 43 Health & Safety 60

W H AT T H E E X P E R T S S A Y

GETTING WHAT YOU PAY FOR Is your block underinsured? Lorna Harrington takes a look at some frequently overlooked aspects of block insurance that will impact on the rebuild cost Does your block have easy access for large vehicles? If not, or you are located in a very built-up, urban location, has it ever occurred to you that this could have an impact on the cost of your building insurance? Unfortunately there's not a lot you can do about that – but as a flat owner you should appreciate that your insurer will need to know these things in order to ensure that your building isn't undervalued for insurance purposes. In the worst case scenario, should your block need to be partially or wholly rebuilt, location is just one of the aspects that your insurer needs to take into account when assessing your reinstatement cost.

Standard building rates that may be found online are quoted for accessible sites where it is easy to park, set up a site office, store building materials and generally provide enough space for contractors to work.

However, in every town, city and village in the country there will be locations that pose a challenge to contractors. If your block is located in a city centre location,where would you put a site office? Would it have to be in Portacabins raised above the pavement?

Would materials have to be delivered in small loads due to weight or width restrictions on local roads? Once the materials arrive,where will they be stored? Would storage be required in another location off-site? We have seen clients having to spend £250,000-plus on renting parking bays throughout the duration of a rebuilding project and also having to rent an adjacent vacant property for storage of materials. These hidden costs all need to be taken into account when preparing an insurance valuation.

If the building is located up a footpath and there is no road access,will all materials need to be wheel barrowed? Most deliveries are kerbside, so if your nearest kerb is 100m away

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the challenge of transporting boxes of heavy ceramic tiles or pallets of bricks should not be taken lightly. I recently had to oversee a new kitchen delivered to a flat in London and it took two men nearly two hours to carry all the boxes up two flights of stairs. Being on a red route, the delivery van had no choice but to park 40m away. Simple tasks take longer in locations like this and more time always means more money. So the insurance valuation needs to take the peculiarities of each site into account.

Don't forget about party walls Another issue associated with working in a compact location is party walls. Some properties may have two or even up to five party walls and the complexity of working in such close proximity to another freehold property should not be overlooked. Party walls exist in almost all urban situations and can be found in any property that is built immediately adjacent to or close to a neighbour. Some properties have several

properties adjoining,which fall within the auspices of the Party Wall Act. Under the Act, the way in which parties to the works must take care to protect party walls, using appropriate notices and following the correct procedures, is laid out. Compliance with the Act will add time to a project and as ever 'time is money'.This needs to be taken into account along with the associated fees for surveyors involved for each of the adjoining interested properties. Costs are the responsibility of the policyholder requiring permission to undertake the work of insurance rebuilding or repair and so the monies involved should form part of the reinstatement cost assessment (RCA).

Green issues Most buildings insurance policies will allow for the payment of additional costs associated with upgrading to comply with legislation, for example The Building Act (which sets regulations) or EU Directives.Therefore an RCA has to be prepared with the premise that a building would need to be rebuilt in full to meet the standards of building regulations at the time of reconstruction.The extra cost of the inevitable betterment which arises due to compliance with the latest standards is

covered. Replacing an older building with new will lead to the property being more energy efficient and much 'greener',with better insulation, energy efficient heating sources, rainwater capture and so on. With the relentless march to zero carbon dwellings there is an inevitable impact on rebuilding costs.While the RCA broadly should allow for replicating the property in front of you, the impact of compliance may make this impractical.Alternative - and normally more expensive - options may need to be implemented to enable reconstruction to go ahead.

The other – and equally costly - scenario is that some developments are now constructed with 'green' features that go beyond the legal minimum specified in building regulations (turn to pages 46-47 of this issue for one example of a block that falls into this category).While the occupier may end up with a low cost in use, green fixtures and fittings tend to be more expensive to incorporate in a building than those considered 'standard' and therefore the reinstatement cost of such buildings will be higher than 'standard' rates.

An example would be a sedum or grass roof.

Such roofs are very heavy and the structure on which they sit (the roof,walls or frame of the building) needs to be stronger than that in a traditional design. Such specialist schemes are more expensive and must also be considered when preparing the RCA. The key point here is for flat owners, RMCs and managing agents to be aware that insurers need all the facts. If you do not know where your insurance reinstatement value has come from or on what it has been based, talk to your insurer or broker.You may be surprised at their answer. Is it just historic? Have all aspects of your block that your policy covers, been taken into account? To be under-insured puts you and your fellow residents in a very dangerous place – far better to be covered for all eventualities, especially if you live in a nonstandard block or one that is situated in an inaccessible location.

For more tips on ways to avoid underinsurance, listen to Lorna's webinar at bit.ly/bchwebinar Lorna Harrington is a director at chartered surveyors and block insurance specialists Barratt Corp Harrington

JARGON BUSTER: WHAT IS A PARTY WALL? A party wall is a partition between two adjoining buildings (or units in the case of blocks of flats) that is shared by the tenants of each residence or business.

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INSURANCE

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DIRECTORS, TAKE COVER CHUResidentsline argues the case for Directors & Officers insurance policies Property magazines often prompt readers to review their insurance cover to ensure sufficient financial protection is in place should the unthinkable happen (see previous article). But how often do you consider the risks associated with your role as an RMC director or committee member? You are probably aware of what can be described as your 'criminal liabilities'. For example, to make sure proper accounts are maintained and returned on time.

But have you ever considered your civil liabilities to both your company and third parties?

It is a commonly held misconception that your role within a company or sitting on a committee as a volunteer is protected.This is not the case.Your decisions and those of your fellow board or committee members could end up costing you everything you own.You don't even need to have done anything wrong to be faced with legal costs.

If you are accused of something that has no foundation,you may still have to take legal advice and defend yourself and if you have ever had dealings with a lawyer you will know that their services do not come cheap.

What happens if you have acted in good faith to resolve a problem,yet you are accused of exceeding your authority and of having committed funds when you were not entitled to do so? And what happens if someone accuses you of negligence in conducting the Insurance claim: Beware cowboy builders A committee member pays a contractor to fix their roof with RMC funds before the works have started. Subsequently, the contractor absconds with the money, never to be seen again.

There is an exposure to potential legal action being brought by the individual flat owners following the loss of RMC funds due to a mistake made by an RMC member.

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affairs of the company and warns they are seeking legal advice?

The fact is, as a director or an officer of a company,you hold a position of trust.You are personally liable for any act,which is negligent, beyond your powers in breach of that duty or trust.

Furthermore there is no limit to your liability and there is also the possibility of legal costs to defend your good name.

Admittedly there have not been too many cases of directors or officers of residents associations or property management companies being taken to court.

Your decisions... could end up costing you everything you own

indemnity may be chosen,which will include payment of costs and most policies will cover present directors and officers, former directors and officers and future directors and officers. Cover also applies to spouses, heirs or legal representatives in the event of the death, bankruptcy or insolvency of a director or officer.

All RMC directors should make it a priority to ensure that, having looked after everyone else, they now spend some time looking after themselves. D&O cover is widely available and offers comprehensive cover at a relatively low cost. Specialist underwriters are available to offer you this protection, so consult your broker for further advice and a quote.

Insurance claim: The dangers of ignoring defects Consider the potential exposure that may exist if an RMC member fails to assess the number and extent of defects within a building, compounded by the fact that the RMC member fails to lodge a claim within the time constraints of the NHBC framework. Funds required to rectify defects are no longer available but could have been covered by the NHBC guarantee. Once again there is an exposure to potential legal action being brought by the individual flat owners due to an error on the part of an RMC member.

CHUResidentsline can be contacted at: www.churesidentsline.co.uk 0800 281235

But the formation of such companies is still a relatively new phenomenon and with the taste for litigation growing at an alarming rate, chances are that such cases will escalate. Claims already made include a neighbour who sued a director because the value of his flat fell: the neighbour claims the drop in value was due to the director's inadvertent failing to identify and rectify external repairs. In another case, a tenant held a director responsible for the poor workmanship of external contractors who had been engaged to repoint the external walls.

The purpose of a Directors & Officers (D&O) insurance policy is to provide defence costs and/or compensation for civil liability claims arising from the wrongful act of a director or officer in the running of a company.A wrongful act is normally defined as any actual or alleged breach of trust or warranty; neglect; error; omission; misstatement or misleading statement.A range of limits of

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Features MANAGEMENT

Directors . . . are you taking your responsibilities seriously?

Both right to manage (RTM) and Resident’s Management companies are limited liability companies and therefore the directors need to be aware of their duties and liabilities under company law.

Individuals who are appointed as directors should note that their role is not just for the purpose of forming the RTMCo/RMC but that they are officers on an on-going basis.

An RTMCo must have Articles of Association (articles) which governs the purpose and running of the company.The articles are prescribed by law and the company won’t be valid unless they are in the correct form; the procedure for appointing and terminating directors will also be in the articles. RMCs can have articles drafted specifically for the company’s requirements.

Directors have duties under different areas of the law such as health and safety, insurance and employment law.These comprise the following: A duty to exercise their powers for their proper purpose Always check the company's constitution to ensure that you are always acting within your powers and check if there are any limitations on what a director can or cannot do.

• A duty to promote the success of the company This is the primary duty of a director and there are a number of things that should be considered when assessing this duty, for example if a decision will have long term consequences and impact on the community and/or the environment.

• A duty to exercise independent judgment It is important that individuals who are directors are not influenced by others and arrive at decisions on their own. For example

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neighbourly issues are likely to arise from time to time. In these situations directors should ensure that their decisions are not influenced by their personal opinions.

fuel suppliers and considers his company, he or she must let the other directors know and not participate in the decision-making process.

• A duty to exercise reasonable care, skill and diligence

It is also important to bear in mind that directors cannot avoid their duties by resigning - a director’s duties will still apply in relation to all actions taken while in office.

Bearing this in mind, consider recording in writing matters that have been discussed and decisions made, so there is proof that careful consideration has been given to them.

It is important to make sure that decisions are considered carefully and properly.Where uncertainties arise, seek professional advice.

• A duty to avoid conflicts of interests Directors must not put themselves into a situation where their interests conflict with those of the company.The articles of association will detail the procedure dealing with directors’ conflicts of interests. For example, if the RTMCo/RMC is in need of a plumber and a director suggests using his brother’s plumbing company, that director should not participate in the decision-making process.

• A duty not to accept a benefit from a third party Directors should carefully consider any offers of company hospitality. For example, if a builder is engaged in exchange for offering his services to a director personally.

• A duty to declare an interest in a proposed transaction or arrangement with the company Directors must declare both the nature and extent of their interest to the other directors.

This can be done in writing or orally at a board meeting (where it should be recorded in the minutes) before the transaction is entered into. For example, if a director works for a fuel company and the block is looking to change

There are additional obligations a director must consider. Directors have a duty to keep accounting records (records), file annual accounts (accounts) and annual returns (returns). Company law requires that every company must keep adequate records that show and explain the company’s transactions accurately and be in a position to disclose the financial position of the company at any time.

These records must have entries of the day-today sums of money received and expended and a record of the assets and liabilities of the company.A company must keep the records at the registered office or a place that the directors think fit and these must be available for inspection at all times. Records must be kept for three years from the date on which they were made.

In addition, directors have a duty to prepare accounts for the company for each of its financial years. In the case of an RTMCo/RMC, the accounts will be a balance sheet giving a true and fair view of the state of affairs of the company as at the last day of the financial year.The directors must approve the accounts and these must be signed on behalf of the directors and filed at Companies House (CH).

Returns must be filed at CH each year, usually on the anniversary of the company’s incorporation.The annual return must state

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MANAGEMENT the date to which it is made up, the address of the company’s registered office, type of company it is and the officers of the company.

Company law also requires that a company keeps statutory registers (registers) recording the details of the officers and members, and that they should be available for inspection at all times.These registers have to be updated to record events such as appointments and resignations of directors.The contents of the registers and what is showing at CH should be exactly the same.The form AP01 is used to give notice to CH of the appointment of a new director and the form TM01 is used to give notice to CH of the resignation of a director.

Failure to prepare and keep records, file accounts and returns and maintain the registers can result in the directors being held liable for penalties, criminal prosecution and possible disqualification. If there is persistent failure to file accounts and annual returns CH may strike the company off the Register of Companies. CH will send several warning letters giving notice of the failure to file these documents. If there is no response from the company, the moment the company is struckoff all the assets of the company will become the property of the Crown and the company will no longer exist. In the case of an RTMCo/RMC, the asset will mean the building

Features

of which each member owns a flat.

If a company is struck-off the directors of the company should seek advice on restoration procedures.These procedures can be costly and time-consuming. There will be professional adviser’s fees as well as Companies House fees and penalties.

Whether through the court or administrative restoration procedure, it can take up to six months before the company is restored to the Register of Companies.

Clearly, the responsibilities and duties of a director of an RTMco/RMC shouldn’t be taken lightly and having good professional advisers on hand when necessary is invaluable. If in any doubt consult them before taking any action on company matters.

Karina James-Wiltshire LLB, GCILEx is Corporate Legal Advisor with Jordans Corporate Law Limited

PROBLEMS WITH YOUR LEASE? Our award winning and experienced team can help you with a range of leasehold issues such as:

• Freehold purchases - flats and houses • Lease extension claims • Lease variation claims • Right to manage applications • Right of first refusal claims • Appointment of manager / receiver claims • Service charge disputes • All types of applications to the Property Chamber For more information please contact: Yashmin Mistry, JPC LAW Omni House, 252 Belsize Road, London, NW6 4BT Tel: +44 (0)800 193 1348 Email: ymistry@jpclaw.co.uk www.jpclaw.co.uk

IN THE MEDIA Bernie Wales TV Star

Bernie Wales talks about his recent TV debut and gives us a taste of what it's like to be a media celebrity – if only in the world of leasehold flats During my 30-plus years in the world of property, I've had the media spotlight pointed at me on quite a few occasions - usually for the wrong reasons. Like the time the police interviewed me about a dead body in a flat I was managing … or the time when a drunk leaseholder fell asleep with a cigarette in his hand - which resulted in a burnt out flat, firemen kicking in every front door in the block, and a corpse to be removed the next morning. Local journalists love the negative and the unusual, so they jump on stories like these with relish.They ambush you with questions – and then misquote you out of context – keen to imply mismanagement or fault of some kind.

So it came as a pleasant surprise when last autumn I was asked by PropertySearchTV to do a bunch of interviews with a positive theme.They had picked up on my years of property management experience and detailed leasehold knowledge to provide advice and education in the world of property investment.

They were – and are – producing TV programmes which not only entertain but also provide the viewer with some useful information and tips on how they can make money through property (or at least not lose it).

need to convey a complex subject in a simpleto-understand way … and not to say something stupid … focuses the mind and makes your palms go sweaty.

Fortunately the first few 'sofa interviews' went well. I managed to sound professional, experienced and relaxed. PropertySearchTV got what they needed and my contributions appeared in several programmes on Sky Channel 192.

Then the phone rang. In fact it has rung quite a lot over the subsequent weeks. Leaseholders from all over the country have been booking a '15 Minute Chat' and telling me their troubles.

Their questions are varied – everything from service charge disputes through to complicated title- splitting investment projects – but there's often a common theme.

The vast majority of people contacting me have not read their lease and they don't know the 'rules of the game'.This constantly amazes me.

If there's one thing I'd like to change through being in the media spotlight, it's this. When you buy a leasehold flat remember,you're not buying the flat.

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PUTTING PROPERTY IN THE SPOTLIGHT You're buying a piece of paper (the lease) which entitles you to rent that flat for an awfully long time; typically 99 years or 125 years.And because you're effectively renting from the freeholder, there are rules; things you must do and things you must not do. So before you get into trouble through ignorance – remember my catchphrase; Read The Bloody Lease. It may be boring and have horrible legal jargon in it, but knowing the rules can save you thousands of pounds and keep a smile on your face.

As for me and the media spotlight – I'll try to avoid the negative gossip-hungry tabloids. Far better to stay on the positive side, making use of the opportunities presented by PropertySearchTV and FlatLiving to get my leasehold knowledge out to those who need it.

If you have a leasehold question for Bernie, visit his webpage and book a slot > www.berniewales.co.uk/leasehold-advice/ Or book onto his Leasehold Home Study Course at www.berniewales.co.uk/leaseholdtraining-home-study-course/ …and remember to tell him Flat Living sent you.

Click on www.propertysearchtv.co.uk/vod/view/ to watch Bernie's TV appearances to-date.

PropertySearchTV’s Caz Perry interviewing friend of Flat Living Bernie Wales

As a property manager, a trainer and the host of a monthly property networking event, I'm used to public speaking. But it was a little daunting sitting in front of a camera, knowing that the next few minutes of my life would be seen by many thousands of people – possibly millions once the recording hit YouTube.The

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Features DISPUTES

MAKING an

APPEAL Ellodie Gibbons explains the appeals process and offers flat owners advice on what to do if you are unhappy with an FTT decision

So,you have received a decision from the First-tier Tribunal (FTT), but you are not happy with it what can you do? First,you need to work out why you think the decision is wrong. Have the FTT simply made a clerical mistake - have they added up the figures wrongly? Have the FTT made a decision based on a procedural irregularity, for example, have the FTT dismissed your application because you failed to turn up to a hearing? Or do you disagree with the decision the FTT has come to?

If the FTT have made a clerical mistake, simply write to the FTT and ask them to amend it under rule 50 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013/1169 (“the Rules”).

If the decision is as a result of a procedural irregularity, check that the irregularity falls within rule 51(2). If it does, make an application to have the decision set aside under rule 50(1).There is no particular form on which such an application need be made so simply write to the FTT identifying the relevant decision and the procedural irregularity. Explain why it is in the interests of justice that the decision be set aside. For example, if you failed to attend a hearing because you were not notified of the hearing date, then explain this.Your application must

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be made within 28 days after the date on which the FTT sent notice of the decision or notice of the reasons for the decision, whichever is the later.

If you disagree with the decision the FTT has arrived at, then you will need to consider appealing the decision. However, simply disagreeing is not a good enough reason for bringing an appeal.You will need to show that in reaching its decision the FTT erred in some way or that the implications of the decision extend beyond your case. If you have not previously taken legal advice, then talk to a legal adviser before embarking on an appeal.

Otherwise,you risk throwing good money, time and effort after bad.

Any appeal will be heard by the Upper Tribunal (Lands Chamber).This tribunal is based in London, currently in Bedford Square, where it usually hears cases. However, it may sit anywhere in England and Wales, subject to the availability of suitable accommodation.

The rules in relation to costs incurred before the Upper Tribunal are the same as those that apply to the FTT. In other words,you can recover your costs from the other side if you can show that they have acted unreasonably in bringing, defending or conducting proceedings.While the limited costs jurisdiction may make the idea of an appeal attractive, as with the FTT, leaseholders must

exercise caution. Unless a landlord acts unreasonably, a leaseholder is unlikely to recover the cost of employing professionals such as solicitors, barristers and expert witnesses to assist with any appeal,yet without their help, the lessee is likely to be at a disadvantage (even more so than before the advent of the FTT).

Landlords, on the other hand, can often recover the cost of employing professionals under the terms of the lease, either directly or via the service charge.

Once you have decided to go ahead,you will need to apply for permission to appeal. In the first instance this application needs to be made to the FTT and can be most easily done by completing the form entitled Application to appeal a decision to the Upper Tribunal (Lands Chamber) at http://hmctsformfinder.justice.gov.uk/ HMCTS/GetForm.do?court_forms_id=3074.

The completed form needs to be sent to the FTT so that it arrives within 28 days after the latest of the dates that it has sent (a) written reasons for its decision; (b) notification of amended reasons for, or correction of, its decision following a review; or (c) notification that an application for its

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DISPUTES decision to be set aside has been unsuccessful.

If you know that you are unlikely to meet the 28 day deadline in advance, then write to the FTT asking for an extension of time under rule 6(3)(a). If you fail to meet the deadline and have not obtained an extension of time from the FTT, then your application must include a request for an extension of time and explain why the application was not received in time.

In order to identify the reasons why you are seeking permission to appeal, the application form asks you to tick one or more of the following; (a) The decision shows that the FTT wrongly interpreted or wrongly applied the relevant law; (b) The decision shows that the FTT wrongly applied or misinterpreted or disregarded a relevant principle of valuation or other professional practice; (c) The FTT took account of irrelevant considerations, or failed to take account of relevant considerations or evidence, or there was a substantial procedural defect; (d) The point or points at issue is or are of potentially wide implication; and/or

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(e) Reasons other than (a) to (d) above.

However, permission to appeal is unlikely to be granted if your only reason for appealing falls within (e). For each of the boxes you tick, you must go on to explain why you rely on that particular ground.

On receiving an application for permission to appeal, the FTT must first consider whether to review their decision and may only do so if they are satisfied that a ground of appeal is likely to be successful. If the FTT decides not to review their decision, or reviews the decision and decides to take no action, then the FTT must consider whether to give permission to appeal. Consequently, there are three main outcomes of an application for permission to appeal: 1) the FTT reviews and amends their decision; 2) the FTT refuses permission to appeal; or 3) the FTT grants permission to appeal.

If the FTT reviews and amends their decision and you are happy with the amended decision, then you need do nothing further.

If the FTT refuse your application for

Features

permission to appeal, then you can renew your application to the Upper Tribunal by completing form T602.This form must be received by the Upper Tribunal within 14 days of the FTT having sent their refusal. If the FTT have given permission to appeal, then you will need to complete Appeal Form T601 and send it to the Upper Tribunal so that it is received within one month of the FTT having sent their grant of permission. Both forms and guidance on the procedure in the Upper Tribunal can be found at http://www.justice.gov.uk/tribunals/lands.

Both forms will ask you to state which of four procedures you think your appeal should be assigned to and what type of appeal you are seeking: 1) an appeal by way of review; 2) an appeal by way of review,which if successful will involve a consequential re-hearing; or 3) an appeal by way of re-hearing. Guidance on the different procedures and types of appeal can be found on the Upper Tribunal's website and the type of procedure and appeal will determine what happens next. However, the Tribunal will send out directions, so be sure to read and follow those.

Ellodie Gibbons is a barrister with Tanfield Chambers

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Features FEATURED BLOCKS

City living goes GREEN

Where can you find an energy efficient, city centre home? Flat Living takes a look at the Green Building to find out what Manchester has to offer Anyone living in Manchester who is looking for a centrally located flat with city views and low energy costs is likely to consider the Green Building as an option.

This recently completed, environmentallyconscious, mixed-use complex boasts 32 apartments on the top eight storeys, as well as a 120-place pre-school nursery run by Kids Unlimited, a doctor's surgery and a range of other commercial space.A two-bedroom apartment in the block will set you back around £190,000.The Green Building is popular and flats sell fast.A typical apartment comprises an entrance hall, open plan living/kitchen area with balcony, two good size double bedrooms and a Jack and Jill shower room. Some apartments have a designated parking space.Typical rental returns are around £950-£1000 per month which is fairly typical for this part of the city.

The building is part of a larger development by Taylor Woodrow known as Macintosh Village, which occupies the area of the city that was originally home to Manchester's Dunlop tyre factory and the birthplace of the Macintosh raincoat.The circular structure of the Green

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Building is built on a triangular site, close to the River Medlock and with easy transport links into Manchester city centre.According to one local estate agent, Macintosh village “is an extremely popular development,with some on-site parking in a fantastic location close to Oxford Road station, the universities and the Palace Theatre”.

The Green Building was designed by leading architects Terry Farrell Associates which won a Sustainable Civic Trust Award for its environmentally friendly features.The cylindrical shape of the tower is designed to reduce the surface area of the building in relation to the heat generated by building use.This increases thermal efficiency and the addition of a high level of

renewable insulation means the building naturally retains heat, keeping CO2 emissions – and heating bills – low. Large full height triple glazed windows in the south-facing

The Green Building even has its own wind turbine Issue 18

FEATURED BLOCKS apartments maximise solar gain,while the north facing apartments have relatively small windows.To keep the flats at an ambient temperature and reduce the risk of overheating, the building is constructed around an internal central atrium that provides passive air conditioning to all apartments in the block.Warm air from each home passes into the central atrium and rises, drawing fresh cooler air into the apartments.

Computer controlled windows at the top of the atrium regulate air-flow.

There is solar-powered hot water for domestic plumbing and underfloor heating and heat exchanger panels generate electricity.The building uses cost-effective communal underfloor heating in all apartments and the same system provides the hot water. The electrical supply to the apartments is supplemented by a wind power turbine.

Residents in the building and the communal boilers use this power first and any excess is fed back into the national grid. To keep water use in the building to a minimum, all apartments have showers not baths in the bathrooms and the taps are designed to use the minimum amount of water necessary to wash hands safely.

As well as living in apartments that are designed to be as energy efficient as possible, flat owners at the Green Building are encouraged to adopt a sustainable lifestyle themselves.There are integrated recycling facilities for glass, paper and aluminium in all the flats and a communal composting bin is currently being proposed by the residents association. As the building is located next to a train station, the architects have also provided bike storage on-site to encourage residents to use public transport.

Warm air circulates within the central atrium

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Features Solar powered hot water

Since September 2013, the flats at the Green Building have been managed by a team from Revolution Property Management,which took on the role when the resident management company underwent a change of directors.The management company covers Macintosh Village as a whole,which includes The Foundry with 62 apartments, River Street Apartments and River Street Town Houses as well as The Green Building.

Revolution's Ian Hollins is responsible for the day-to-day management of the Green Building, supported by facilities administrator Peter Duerden and Darren Churchill who manages the financial aspects for the development.The Green Building also has a full time caretaker Stephen Murray.

The biggest issue faced by the property managers in terms of the energy efficient nature of the building, is managing the communal heating and hot water systems and having contingency procedures to deal with any potential failures so that inconvenience to residents is minimised. However, Ian explains that Revolution also manages other blocks with communal heating so these procedures are well defined and tested.The only other unusual aspect of managing the Green Building to-date has been learning the ins and outs of the equipment and partnering with specialists to maintain it effectively.

For the residents, there are clear benefits to be gained from living in such an energy efficient block.With the service charge currently set at £121.19 per year which includes all heating, hot water and ground rent of £250 per annum, costs are kept very low.

One resident, Paul Cullen,who has lived in the block with his wife for seven years and is an RMC director,was actively attracted to the Green Building because of its environmentally friendly credentials. He admits that the communal heating system has had its problems in the past but these have now been dealt with and the building now runs smoothly. Bills are low, the passive heating and cooling system works well and Paul explains his flat is always a comfortable temperature even when it's cold outside.The building was very much a flagship project for the developers and according to Paul there is a good mix of tenants and permanent residents, with homes never staying on the market for long. “The Green Building is a popular development in a great location and the environmental benefits speak for themselves,” he says.

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SOFTWARE

Features

FOR BLOCK MANAGEMENT Today’s block managers need help with the complexity of managing a property portfolio and the multitude of tasks involved on a day-to-day basis. On the following pages Flat Living takes a look at some of the software packages now on the market designed to make life easier for managing agents and their clients Software in the spotlight Voyager Residential, Yardi Qube, Qube Global Software Tramps / Dwellant, Trace Solutions Blockman, TopFloor Propman, Grosvenor Systems Prestige Residential Block Management, PCM Consulting

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Features SOFTWARE notification once the charge reaches a limit for director approval.

Voyager Residential from Yardi claims to be the only end-to-end solution that helps manage the residential life-cycle from resident acquisition, on-line leasing, lease administration, property accounting and maintenance.

Features & benefits Voyager Residential provides internet listing, on-line leasing, leasing workflow, property accounting, statutory and management reporting, maintenance and inspections, a resident’s portal, budgeting and forecasting.

Types of client reporting available Deep reports are available within the system for all types of activities. As a Customer Relationship Management (CRM) solution, the software integrates incoming calls to the property manager, adds reminders in their Outlook and can trigger a document that needs to be included when contacting suppliers, residents and directors.

As part of the implementation process, clients (users/managing agents) are trained on the creation of the reports they require and they should take ownership of this process to create the reports that they need.

The software also allows for trend analysis; reports are stored at the end of each week or month, and these are then used to report on trends over a period of time. There is no need to export and manually manipulate the data.

Full drill-down is available on all information for full visibility.

What information can residents see?

Lease information, charges and payments are all fully transparent. Residents can log in and make payments for standard or ancillary services, as well as logging maintenance issues,which automatically generate a message to the property manager to take action. Residents have access to a bulletin board – this gives them the ability to see what is happening within the block, and can include updates to social media. Residents can also report faults through the portal, by telephone or email.

What information can directors see?

Directors get visibility of management performance, marketing effectiveness, aged debtors, aged creditors, profit and loss accounts and trial balance (ensuring bookkeeping entries are correct) at both property and portfolio levels.

Does Voyager integrate with finance packages such as Sage?

The software is a comprehensive financial system with General Ledger,Accounts Receivable,Accounts Payable and Bank Book.

It can also integrate with Sage but is more flexible and powerful than Sage.Accounting is RICS compliant.

Insurance / valuations Insurance information can be stored and maintained and users notified of critical dates relating to insurance, including renewals.

Valuations can be imported and modelled and can be calculated within the system.

Cloud or in-office hosting?

Yardi’s solution is cloud-based,with the system housed in the UK and backed up in Amsterdam every 15 minutes. Data is available in real time from desktop and mobile devices.

What can be automated for the property manager?

All tasks can be automated for the property manager, from adding in reminders for future

dates, to the way that sign-off of expenses is handled. Automated workflows are modelled on industry standard best practices and there is a powerful planned and responsive maintenance module with scheduled works and inspections that includes mobile inspection apps.

How is data migrated for a managing agent using the system for the first time?

Yardi has a standard Import utility with predefined templates to load lease and financial data.A Yardi Systems project manager is assigned to devise a detailed project plan and work with the client to ensure a smooth installation.

Are there additional modules or add-ons available?

Yes, add-ons are available for advanced maintenance, job costing for construction and refurbishments and inspections as well as inventory control.

About Yardi Systems Yardi is a privately owned company with headquarters in Santa Barbara and 74 offices worldwide.With more than 3,700 employees the company has 75% market share of the Multi Family market in the USA and more than 100 clients in Europe.

Having studied the market in the USA they are now using this experience to move in to the UK market place.

For more information contact: Martin Gedney 01908 308463 www.yardi.co.uk

All tasks can be customised for the property manager

All software is browser agnostic ie, it can be used on IE, Safari, and Firefox and is fully mobile-enabled.There are a number of mobile apps available such as payment authorisation – which makes it possible to sign off expenses/charges while on the move.

Removing the need for emails to be sent asking for approval, these are set up as a

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Issue 18

SOFTWARE

Features

The Qube for block management system is packed full of features which the company claims bring real benefits to property managers – particularly in terms of their customer service and the accuracy of work and efficiency, meaning that they can spend time on more profitable activities and not have to worry about compliance.

Some of the key benefits are: • Improved customer service - allow clients to self-serve and pay 24/7 by using the tenant portal,which in turn enables property managers to free up resources • Optimised property performance increase returns through improved service charge and ground rent collections using the sophisticated debt control and reporting capabilities • Win more business - impress committees with block management reporting and accounting capabilities • Never miss a date - improve your efficiency with automated diaries for key activities • Comply - remove regulatory and compliance concerns,with full support for ARMA / RICS guidance • Free up time with improved efficiency – Qube aims to reduce manual workloads with its efficiently structured and automated business processes.This means that property managers only do things once,with all property and transaction data in a single place • Improve accuracy - for instance, by linking to your banking system to eradicate manual reconciliation • Use industry standards - talk the same language as the rest of the industry by using industry standard tools and reports.

What type of client reporting is available?

Does Qube integrate with finance packages such as Sage?

Qube supports a full range of client reporting, including service charge reports (reconciliation, expenditure reports, budget vs actuals etc.) and payment reports (debtors, payment performance etc.).

Yes. Qube has been linked to a number of accounting packages, including Sage – and this is a common requirement. However, it should be recognised that Qube is also an accounting package and supports full company accounting as well as client accounting.

What information can residents see?

Essentially, there is no real limit to what residents can see – as long as that data is held within the system. Exact levels of visibility are subject to security/privacy levels required. In most cases, it is usual to see payment histories, service charge statements, maintenance requests and so on.

What information can directors see?

Again, it is possible to pull through information from within Qube for directors to see.This can be through a portal,with the information pulled from Qube or via automatically generated and emailed reports.

Is there a mobile/tablet site for residents?

While there is not a dedicated app for viewing the self-serve portal, it is accessible through any mobile device (Qube is developing specific apps for other purposes, for example a site survey app for property inspections will be available in the near future).

Can residents report faults?

Yes.They can report faults and then check on the status of repairs.This fully integrates with all other data and parts of the system – including the property helpdesk and purchaser/supplier elements.

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Insurance / valuations The Qube system is flexible enough to deal with any additional information that property managers may require.The built-in document manager will store associated documentation and images and screens / fields customised by the end user (system administrator) to hold any information that needs to be stored.

ARMA / RICS compliance Qube property management software will help organisations comply with ARMA and RICS guidelines.

If organisations using Qube follow the company’s best practice advice, Qube is confident that they will comply with the requirements of ARMA-Q. Some of the first companies to achieve ARMA Q status use Qube and the company’s processes are consistent with the requirements of the RICS service charge code of practice – meaning that companies using Qube effectively will be compliant.

Cloud or in-office hosting?

Qube can be deployed in the way that best suits the customer.We are able to deliver server based solutions; install Qube onto thirdparty hosted solutions or to offer the software as a service through our own virtual private cloud.

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Features SOFTWARE themselves,with extensive help files being available through the software and a ‘Customer Zone’; an information portal, available to offer a huge amount of information.

We send out regular communications to our customers – Qube Direct which is a monthly information bulletin and Qube Plus, a quarterly publication helping users to get the most from the software.

We also offer regular events for customers, an annual Customer Conference and regional Roadshows – both of which enable customers to see more of the software, get advice on how to get the most from Qube and a chance to network with like-minded users.

How is data migrated for a managing agent using your system for the first time?

What can the software do?

Due to the number of companies using the software and the varied nature of these organisations, Qube is a highly functional system.A few highlights are listed here.

Diary functionality is a core element of the Qube solution and diaries can be set to any user of the system, against any record within the system.A recent major release of Qube also linked the diary (as well as email) functionality to Outlook, meaning that diary reminders will not only show in a user’s Qube calendar, but also in Outlook.

Qube’s Maintenance Management Module enables you to organise the maintenance of your properties, units and assets quickly and efficiently from the logging of a reactive call, or the recording of planned work, right through to the receipt and payment of a supplier’s invoice.

The Maintenance Management Module also provides invaluable information regarding the on-going costs of maintaining your assets and the status of jobs analysed by user, or across all staff, highlighting those which are overdue or awaiting completion. Most importantly, due to the integration with other Qube modules, it enables you to keep a close eye on expenditure, checking budgets and committed amounts before raising orders for more work and ensuring that costs are not incurred on assets that are still within their guarantee or warranty period.

There is a multi-stage approach to workflow from within Qube. For many customers, their workflow will begin with an experienced Qube Consultant,who will assist them with

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defining their business processes. These processes are initially created from best practice processes used by other customers.

This gives the customer a base to start with and they will often adopt their way of working in line with Qube as it is more efficient. We are then able to build workflows for customers or they are able to use the simple Workflow Engine within Qube to create and implement their own definitions.

Remote access to the system, perhaps from a mobile device, allows workflows to be progressed away from the office and this will be supplemented shortly by the release of the Qube Task Hub,which will allow for even easier access to workflows, including from suppliers and (if necessary) residents.

What can be automated for the property manager?

Most reports and routines within the software can be automated to suit the property manager. Reports can be generated at the appropriate time and automatically sent to recipients and routines can run out of hours to ensure that there is no impact on the business.

What support is available?

Qube Global Software offers support on a number of different levels and, unlike many other suppliers in the industry,we do not charge for this over and above the licence fee.

Our support team is available over the phone, via email or through screen sharing, and has forged a great reputation among our 500strong customer group for solving issues promptly and efficiently.

However,we also encourage customers to help

The input of data is a key part of the ‘prototyping’ of a new Qube installation and many customers do this manually, using this process to familiarise themselves with the software.

However, for others, particularly those moving to use from other suppliers, this is not an option (although they should always still go through the familiarisation). In that case,we will manage an import of the data – and this can be done with either static data, or full financial information.

Are additional modules / add-ons available?

Qube has a core system,with a number of add-ons available depending upon the requirements of the individual organisation.

Each Qube system is tailored for the unique needs of each customer based on their business processes and their budget.

About Qube Global Software Qube Global Software is one of the world’s leading suppliers of property and facilities management software and has been providing solutions to its customers for nearly 40 years.With a global network of offices and customers, software products can be delivered on a wide variety of the latest technology platforms and databases.

For more information contact James Lavery 01529 413131 www.qubeglobal.com

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SOFTWARE

Features

flagged. Works orders can be raised, checking against personal, budget and section 20 limitations and notifications for quotations being automatically sent to contractors.

Reminders are added to the dashboard for follow up, as well as being integrated within the system to prompt you, for example when to chase up a quote or in five years for planned redecoration.

Tramps and Dwellant have formed a partnership to create powerful accounting software and a user friendly interactive front end.Tramps-Dwellant is an integrated software solution designed to streamline everything about managing a building. The package aims to ensure that RMC directors are kept well informed and up-to-date and know what their responsibilities are.

Key features and benefits are: • Streamlined communication – talk and listen to your tenants on a private, branded online forum.

• Online task management – log tasks and monitor progress online.

• Automated quotation and work order processes – simple for all your contractors.

• No more forgotten tasks – a comprehensive to-do list minimises staff handover time and means you never come unprepared to a residents’ meetings.

• Deal with everything live – mobile versions are available for all smart phones,which lets you handle requests while you’re on site or on the move. A mobile / tablet version is also available for residents and managing agents.

What type of client reporting is available?

Access to reports is dependent on who you are.

Senior property managers can be provided with overview reporting for all the buildings, down to on-site staff and tenants in a building.

As a single database handling all of the property management and financial accounts, instant reports and analysis are available for all fields.

What information can residents see?

Residents have access to information relating to service charge reporting and payments due, as well as a notice board for issues they and other residents have raised, together with the ability to share and discuss issues with other residents.

What information can directors see?

All the above information is available to RMC directors, but with the addition of information Issue 18

such as meeting agendas and minutes. Access is broken down by type with different levels for lease holders and tenants.

Can residents report faults?

Faults can be reported by residents and directors online; these are fed back to the property manager for action,which updates the status seen by the residents. They are also able to merge requests into one and still provide feedback to all. All parts of the process are visible to residents, providing transparency but also reducing the number of calls the property manager may receive.

Accounting & finance It's easy to monitor performance at all levels from an individual building to a client's entire property portfolio.

• See profits and costs in real time • Display performance trends graphically • Create automated reports • Produce customised reports for clients

Insurance / Valuations All documents such as insurance are stored on the system for easy access, but also copies of leases etc. These can then be viewed by residents as and when they require.

ARMA / RICS compliance TRAMPS was specifically designed and built for managing agents,with RICS funds testing, service charge management and client reporting built right into the core. It's also fully compliant with OSCRE standards (open standards in electronic property management data) making it easy to share data with other property management systems and legal software. OSCRE-compliance can help avoid re-typing data when new instructions are taken on, saving time and eliminating errors.

Follow the link here for more information about ARMA-Q http://bit.ly/ARMAQSoftware

What can the software do?

Supplier information such as insurance is stored on the system. Important dates are flagged such as when the insurance expires, and processes automated to email the supplier and obtain a copy of their new insurance. The return process of the document is also automated and updated on to the system, if standard time frames pass then issues are

TRAMPS workflow recognises all key events.

Whenever one comes up,TRAMPS will set off the appropriate triggers or alerts - so that in 25 years, or whenever that lease expires, it'll be TRAMPS that's telling you to take action.

• Expiries • Notice dates • Redecoration clauses • Routine procedures

What can be automated for the property manager?

Everything can be automated. Property managers have a dashboard which shows unacknowledged requests – submitted by colleagues, directors or residents.

TRAMPS lets users automate more processes than ever before. Sophisticated 'management by exception' algorithms make sure that nothing important ever gets missed.The performance of these algorithms improves with use, as the software learns to minimise the number of false positives. By helping users to set up your automated processes,TRAMPS aims to ensure that they always function as expected.When works orders are raised, relevant documentation such as asbestos reports and H&S assessments can be attached by default. Invoices received are automatically added to the system and matched,with discrepancies being flagged. The whole process is traceable, and automated.

Are additional modules / add-ons available?

There is a specific iPad app available for site inspections. This can be personalised by site and property managers can log-in during inspections, tick off items, make notes and take photographs. The GPS location and time frames are logged on the app and photographs so there is no doubt when and where the inspection took place.

About Trace Solutions Trace Solutions is a leading supplier of property management and accounting systems with 40 years’ experience. Owned and managed by the staff, the company bases its success on innovative software with a focus on ease of use and automated processes and exceptionally high levels of customer support.

For more information contact Graham Davies 020 7825 1000 www.tracesolutions.co.uk

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Features SOFTWARE

Blockman is based on cloud computing.

There are no additional hardware, system or network requirements. Users just need a broadband connection to use the system.

Users pay a monthly fee based on the number of units under management, not on users.The only additional 'Add On' is the lessee portal MyBlockman and the site is optimised for mobile and tablet view.

Key features & benefits include: • General ledger based, service charge and ground rent accounting system • Multiple sinking fund accounting • Online document storage • Secretarial and administration • Global creditor payment system using bulk payment file formats • Issue and diary management system with reports for contact analysis Types of client reporting available include: • Trial balance / balance sheet • Income and expenditure • Overdue accounts • Budget analysis • Forecast analysis • Year end reports for auditor Diary and checklists are included within the system and automated to ensure follow up.

What information can residents see?

• Management information • Balance and service charge account history • Documents • AGM / EGM notices / proxy forms / minutes • Announcements • Issues they have raised and the progression of issues to resolution Leaseholders can nominate a further two account logins,which could include the tenant / resident.

What information can directors see?

All of the above including specific financial

reports selected by the property manager for RMC directors to view.

What can be automated for the property manager?

Can residents report faults?

Creditor payment files for suppliers may be produced. Email notifications are automatically sent to lessees through Myblockman when service charges are charged,when payment is received,AGM notices produced etc.

Leaseholders can notify property managers about issues through the site but the classification of the issue is up to the property manager who can then decide how the issue is progressed and who can see it. They are also able to merge multiple issues into one. This gives the client /property manager the option to provide as much or little information as they want to residents. When issues are raised, they can be automatically progressed to work orders and invoices raised when resolved.

What support is available for property managers?

Does Blockman integrate with finance packages such as Sage?

Initially telephone support is available for designated trained contacts.Thereafter Email support is available for designated contacts within the property manager’s office or any operators that show sufficient knowledge of the system. Support answers generally include GIF's to demonstrate how the system works.

There is no requirement for this, as Blockman can raise the property manager’s management fees and invoices each month and reports can be exported to Excel in CSV format.

How is data migrated for a new managing agent using your system?

Insurance / Valuations

Data is migrated via CSV files.

These are not covered in the software.

Are there additional modules / add-ons available?

ARMA / RICS compliance Blockman is fully compliant with ARMA and RICS requirements.

MyBlockman - the leaseholder’s account online is available as an add-on to the system.

About Blockman BlockMan is based in Dublin and are four time finalists in the Deloitte Fast 50.

Having developed and mastered the Irish market, Blockman is now using its knowledge to move in to the British marketplace. The system has been available in the UK for two years and Blockman and Myblockman are now used in the management of more than 100,000 leasehold units.

For more information contact Niall Wrafter 020 3393 3042 www.blockman.co.uk

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Features

GRO S VENOR SYSTEMS LIMITED Propman from Grosvenor Systems is a single non-modular system that has been designed to be easy to use for new or occasional users.The ease of navigation and its logical and intuitive database structure means that information can be quickly and easily accessed wherever you are in the system.

As a non-modular application, Propman includes extensive functionality as standard.

The company is continually adding new functionality which our users receive automatically via regular software updates.

The updates are provided free of charge under the terms of the annual maintenance agreement and therefore users are protected against future enhancement costs. Examples of major functionality included as standard (that would be considered as separate modules in modular systems) include: • User defined report writer • Purchase ledger • Planned and reactive maintenance (jobs) including purchase order production • Fixed asset register • Utility meters register (including meter readings) • CRM (communication record management) • Direct debit collections Key features and benefits include: Propman is an off-the-shelf product so it needs little configuration and therefore can be deployed very quickly as you don’t need to build the solution from scratch. In addition to the extensive range of standard fields available, users have the ability to easily create an unlimited number of their own customised fields,which can also be included in reports and trigger diary reminders. Propman users therefore have the best of both worlds: a customisable off the shelf application which is available for use immediately from installation and contains known functionality (i.e. Propman users take delivery of what has been demonstrated to them).

All of our implementation and training is tailored to the customer as opposed to standard courses. Our training is consultative, onsite, using your data and carried out over an agreed period of time in line with your ‘go live’ date.This is as opposed to standard training courses with standard syllabuses and which may be provided to multiple companies at the same time. Propman has multiple licence types providing differing levels of access according to the role of the user.The Propman database is highly secure and has full security

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functionality, configurable for each user, including the ability to force regular password changes etc.

What information can residents see?

What types of client reporting are available?

The Propman Tenant/Resident Web Access enables tenants to log on and access information and documents relating to their properties including the ability to view/download statements of account and make online payments (via SagePay).These features provide a quick and efficient way of communicating with residents.

Propman is a double entry open item accounting system and can provide full financial reporting such as trial balance, profit and loss, balance sheet, arrears and collections reporting as well as traditional client statements.

Propman has more than 200 standard reports available which can be produced seamlessly in Microsoft Word and/or Excel, providing our clients with powerful reporting facilities.

Propman also features, as standard, an in-built User Defined Report Writer enabling users to quickly and easily create their own reports in Microsoft Excel.

The report writer has been specifically designed to be easy to use, so that users of all IT skillsets can easily design and produce their own reports without having to learn to use a separate product.A Report Scheduler is also included, enabling users to run reports automatically at a particular date and time or frequency.

What about Web access We offer three Web access portals which work in conjunction with the main version of Propman and enable remote access for specific end parties via users’ corporate website to information such as the following: • Overview of the property, pictures, information, news on the home page • Download published documentation (such as insurance certificates, health & safety reports etc) • View/download statements • Make online payments for rent, service charge, insurance etc. (via SagePay) • View and update* maintenance works (* Propman User portal only) • Highlight service charge expenditure and remaining budget.

This enables leaseholders to have access to real time information whenever they need it and are not restricted to the property manager’s business hours. Furthermore, it empowers tenants to be able to pay online, at their convenience, so that property managers receive the money promptly,with reduced processing time.

What information can directors see?

The Propman Client/Directors Web Access allows property managers to offer additional services to their clients, by providing them with a higher level of access than residents to their property portfolio (current bank balances, debtors etc) and a quick and efficient way of communicating information around the clock.

Is there a mobile/tablet site for residents?

The Propman Web Access Portals are accessed via property managers’ corporate websites and therefore they can be viewed on mobile/tablets.

Can residents report faults?

Yes, Contact Us forms can be set up on the Web Access products enabling residents to email information to the relevant property manager.

Accounting and finance Propman is a fully fledged property management and financial accounting application and therefore includes as standard nominal, sales and purchase ledgers.All transactions are created and stored immediately in real time and all relevant parts of the application are immediately updated.

Ordinarily our users use Propman to manage the accounts, however,we have various users that integrate Propman with their corporate financial system such as Sage, SUN, SAP etc.

Insurance / valuations Propman has the ability to store comprehensive insurance and valuation information for all property records and includes extensive reporting.

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SOFTWARE ARMA / RICS compliance ARMA and RICS don't accredit any software.

However, all of our managing agent users and ARMA members are regulated by these institutions and use Propman as part of their compliance.

Cloud or in office hosting Propman can be deployed in a variety of environments such as on an internal IT infrastructure or on an externally hosted infrastructure/cloud.

Diaries / reminders for follow up Propman has an in-built diary which will automatically remind you of any key dates stored within the database.When users log into Propman they will automatically be notified on any diary reminders due up to that day and can optionally review/update the list of diary items.The diary items are a mixture of standard reminders (such as lease expiry, review and break dates) and user-defined reminders (such as H&S inspections).

Diary items can be progressed through user defined progression stages and a chronological history of stages is automatically stored against the diary item for future review.

Additionally, progression stages can be set up to trigger the production of correspondence and any documentation produced is permanently stored within Propman for subsequently retrieval.

The inbuilt CRM system in Propman can also automatically remind users when they log in of any outstanding communication events that may need following up. Propman also has an inbuilt PIR (purchase invoice register) which can automatically remind and present the relevant user with any invoices which need authorisation prior to payment approval.

Maintenance Propman fully supports planned and reactive maintenance via its help desk.The user can store details of planned or contracted cyclical maintenance events.The system can issue letters to contractors informing them of work they are expected to carry out, and then create automatic job records to track completion of the task.

Propman also keeps track of all unplanned or reactive maintenance events, from initial calllogging, through automatic production of purchase orders, to input of contractor invoices. Users can define their own job workflow stages,which can be set to generate standard documentation or automatic e-mails for full tracking through to completion.

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Features

Additional features include: • Suggested contractor mechanism based on area and type of work; • Automatic e-mailing/faxing of purchase orders to contractors; • Generation (and subsequent reversal) of ‘committed’ expenditure journals when order produced; • Full history of job workflow, including the display of associated documentation; • Purchase order value limit per user; • Section 20,warranty, inspection and servicing warnings; and • Funds checking

What support is available for the managing agent from your company?

Project records help you track the expenditure across more complex projects, such as developments or refurbishments, through the nominal ledger and budget-reporting functions.The flexibility of the system enables you to track internal workflow tasks in addition to jobs involving external contractors.

Propman is a very easy to use system where data can be added or updated very quickly.

Furthermore,we have a range of import routines available that enable users to upload large volumes of data (e.g. lease information) into Propman via Excel spreadsheets.

Workflow and assigning tasks The Diary, Jobs and PIR functions provide extensive workflow functionality as all of the records and associated reminders are allocated to specific users for processing. Furthermore, records/reminders can be reallocated to a different user where required and the Diary and Jobs functions enable the automatic production of correspondence according to user defined templates on defined trigger points.

Grosvenor operates a Propman help desk which is staffed by our Implementation Training Team which resolves all queries from our users.

How is data migrated for a new managing agent using your system?

Are additional modules / add-ons required?

The main version of Propman is a nonmodular application and therefore contains all current functionality.The optional data import tools and web access portals for clients, tenants and Propman users are available at separate cost.

The Purchase Invoice Register (PIR) enables the user to be automatically notified of PIR items allocated to them and review a list of those items.The user can then opt to see a scanned copy of the invoice/credit note, review and code the associated Job record (if applicable) and ultimately approve the invoice/credit note for posting in to the purchase ledger,where it will eventually be paid

What can be automated for the property manager?

Propman is specifically designed to streamline and automate business processes to save users time, including the bulk production of correspondence such as tenant demands, arrears, statements, general correspondence and supplier POs and remittance advices.

These documents can be automatically emailed where required by tenants or suppliers.

Propman also includes service-charge specific functionality, such as the ability to automatically calculate any balancing charges or credits to the tenants where the actual expenditure is different to that budgeted for, and can automatically calculate the service charge budget for the upcoming year.

About Grosvenor systems Grosvenor Systems Ltd has been developing, supporting and selling software packages for 34 years. Propman, our leading property management and integrated financial accounting software solution, has been utilised in the UK property market since its release in 1991.

Propman’s usage covers the whole industry including Property Owners, Block Management Companies, Managing Agents (Commercial, Rural and Residential), Property Occupiers, Diocese and Public Sector/Local Authorities.

For more information contact Matthew Smith 020 7378 8358 / 07825 123599 www.grosvenorsystems.com

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Features SOFTWARE

Prestige residential block management software is simple, intuitive and easy to use, according to PCM consulting which developed the package. It provides high levels of automation,with fully integrated financials and workflows. As well as supporting mixed use developments Prestige residential block management software offers integrated AST (Assured Shorthold Tenancy) functionality.

Key features and benefits include: • Automatic generation of rent, service charge and insurance demands for each property in your portfolio, including year end service charge balancing allowance or balancing charge demands for printing or automatic emailing;

• Automatic generation of supplier or contractor payments, both by cheque and electronically by BACS; • Quick entry of receipts from lessees, either using the program’s quick entry batch receipt facility or by automatically uploading both receipts and payments directly from Bank statements into the system; • Built-in, easy to use bank reconciliation facility that allows both manual and automatic bank reconciliations; • Recording and notification of breaches , assignments, licences, break clauses , rent reviews, and the automatic application of scheduled ground rent increases; • Facility to scan in or automatically upload supplier invoices directly on to the system.

• Automatic generation of client statements and reports • Automatic generation of letters and correspondence including statutory notices, account statements and reminder letters for printing or emailing to tenants and suppliers.

• Facility to automatically record emails and documents against records in the system.

• Tight control of service charge expenditure through the automatic monitoring of service charge budgets against actual cost with alerts to notify when expenditure exceeds predefined levels.

• Automatic upload and creation of new and existing budgets.

• Automatic production of year-end financial and accounting reports, recording all transactions during the financial year.

• Automatic scheduling of planned and unplanned maintenance, issuing internal Job Sheets and printing or emailing Purchase Orders or Quotation Requests to external contractors.

• Management of major works and other projects using Prestige residential block management software’s built in project costing facility.

Prestige residential block management software’s supplier portal allows property managers to efficiently and easily manage planned and reactive relationships with suppliers.The built-in workflow in the software allows managers and staff to assign tasks internally or externally to outside contractors.

Types of client reporting available include: • • • • • • •

Financial Statements Credit control Reports Payment Control Reports Client statements and reconciliations Budget Reports Management Reports Forecast Income and cash flow

SOFTWARE What information can residents see?

block management software can be deployed on a desktop PC,Apple Mac, smart phone, tablet PC and iPad.

The Prestige lessee portal is flexible and is tailored to individual user’s requirements.

Information residents can see includes:

What can be automated for the property manager?

• • • • • • • • • •

Prestige residential block management software is focused heavily on business process automation and automates a great many of the processes and tasks of the property manager.These include the processing of rent and service charge demands, payment processing,workflow processes and year end reporting.

Basic account details (read only) Account balance Account history Demands Statements Make payments Notices issued Correspondence Notifications Jobs or Issues raised

If required, leaseholder information can be accessed by mobile or tablet and residents can report faults via the lessee portal.

What information can directors see?

The Prestige director’s portal is also flexible and tailored to individual user’s requirements.

Information directors can see includes: • • • • • •

Financial statements Budget reports Management reports Credit and payment control reports Cash flow reports Notifications

What support is available for property managers from your company?

PCM Consulting offers a friendly and proactive software support service Monday to Friday 9.00am- 5.30am.This support is provided by email, telephone, and remote login. Users can access efficient and effective support logging systems to report any queries.

How is data migrated for property managers new to the system?

PCM consulting offers a quick and efficient data migration service that allows data to be automatically uploaded into the system from Microsoft Excel.

Accounting & finance

Are additional modules / add-ons available?

Prestige comes with a fully integrated accounting and finance module:

Prestige is fully comprehensive residential block management software.

• Automatic generation of all financial and management reports including profit and loss, income and expenditure, balance sheet and trial balance reports.

• Allows entry of nominal journals and other accounting transactions.

• Supports full VAT accounting where applicable.

• Supports both open and closed period accounting giving users full control over all accounting.

• Offers a soft year end close with the facility for authorised users to re-open closed accounting periods if required.

Features

Other modules include: • • • •

Credit control dashboard Maintenance dashboard BACS and direct debit Report writer

About PCM consulting Formed in 1996, PCM Consulting Ltd is an established software provider with more than 12 years’ experience in the property management industry and high levels of customer satisfaction. PCM Consulting is a privately owned company with a team of highly motivated and dedicated staff which creates software solutions across a number of different markets.

The success of the company during this period has been due to its focus on innovation and on developing high quality software products with high levels of automation. Its clients have benefited from its solutions and are among some of the most successful companies in their respective industries.

The company continues to grow and prides itself on products that are intuitive and easy to use. PCM Consulting continues to invest heavily in research and development and has its own software development frameworks and platforms,which allow it to rapidly build new innovative software products within a robust and flexible development framework.

For more information contact Salia Sheriff 0870 922 2158 / 07949 315812 www.pcmuk.net

The software supports both on-site and Cloud deployment

The package supports integration into Sage or any other accounting system if required and holds all insurance and valuations.The system is fully ARMA and RICS compliant and has a built in diary and reminder system.

Cloud or in-office hosting?

The software supports both on-site and Cloud deployment. In addition Prestige residential

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Features TECHNOLOGY

Meeting the

RED TAPE challenge Are you and your fellow RMC directors drowning in paperwork?

Inform Direct may have the answer you've been looking for

If you are an RMC director the fact that running your management company involves a lot of paperwork won't have passed you by.

Aside from the minutes of meetings and dealing with tenders from contractors and other correspondence, there is also the statutory paperwork required as a result of being a registered company to contend with.

Your responsibilities in this area include: Maintaining statutory books Filing relevant changes with Companies House Filing an Annual Return Dealing with service charge accounts or delegating this task to an accountant, depending on the size and complexity of your block Not only do these tasks have to be undertaken on a regular basis and up-to-date records of all relevant RMC activities kept on file but it is also vital to ensure that the information you submit is accurate. It is important to get it right for several reasons. First, there can be fines associated with failure to keep correct records and to file accurate returns punctually - the company can even be struck off.When there's a new leaseholder in your block, they or their solicitor will often want to see evidence that the RMC is on top of its responsibilities and that all filing and statutory books are up to date. Existing tenants also have rights to inspect the statutory books and can report any failings that they come across.

One situation that can be particularly challenging for RMC directors is when the person who has managed the RMC records for a long while retires, moves or even dies and someone else then has to pick up the task of sorting everything out.The situation is frequently further complicated by the fact that blocks often contain many individual flats, each of which will usually have a share attached.Therefore RMCs and right to manage companies (which face a similar set of responsibilities) often have more shareholders (and directors) than other types of small companies. It is also common to have joint shareholders,who need to be recorded accurately. In addition there is also the requirement to record transfers (and cancel old and issue new share certificates) every time a flat changes hands. In large blocks this happens on a regular basis as there is always someone moving on.With all these records to maintain, it is easy for paper records to

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become out of date and preparing an Annual Return can be really time consuming.

So what is the solution? RMC directors obviously need something that is simple to use and that's tailored to the particular needs of leaseholders. Now company formation agent Inform Direct may have the answer in the form of a free online service launched last year and which already boasts 1000 users. In response to the needs of directors, the company has developed a service that aims to

to confirm that the company information shown on screen is correct and the Annual Return will be automatically compiled and submitted.Anyone who has used Inform Direct for a while,will find that any changes made during the year will be automatically included – there's no need to enter any information again and if there are other changes to include, records can be easily updated by using the Annual Return wizard.

Email reminders are sent to each company registered with Inform Direct so there is no

Inform Direct has been so skilfully thought through that even to a technophobe, novice or bureaucracy-hater, everything just falls into place and works. (source: Henry Catchpole, an RMC Director who uses Inform Direct)

make managing statutory company records quick and easy.The step-by-step software, accessed via the Inform Direct website, is simple to use and allows RMC directors to maintain accurate, up-to-date records of the company's officers and shareholders.Any changes that require notification to Companies House are automatically submitted electronically.This includes appointment of new officers, termination of officers, change of an officer's details, allotment of shares and changes to company details such as registered office, accounting reference date and single alternative inspection location.

Filing Annual Returns Each year companies are required to make an Annual Return to Companies House. Inform Direct makes this a simple process by using the records maintained in Inform Direct to prepare and file the Annual Return. In most cases, RMCs will be able just

Issue 18

TECHNOLOGY danger of missing the Annual Return filing deadline.Also, the filing fee can be settled via the website so there's no need to set up an account with Companies House.

Maintaining accurate shareholder records Inform Direct makes the upkeep of shareholder records easy with help available online if needed.When shares are issued or transferred between shareholders, company registers are automatically updated so the information only has to be entered once – this cuts out the need to maintain paper copies of a company's Register of Members, Register of Transfers or Register of Allotments.

When shares are issued, the Return of Allotment of Shares (form SH01) is automatically sent to Companies House.All other changes to shareholders and shareholdings, are retained to populate the next Annual Return - so there is no need to enter them again.The system also allows directors to easily maintain shareholder contact details,view former shareholders and a history of share transactions and professional share certificates are easy to create and maintain.

To ensure RMC directors are complying with company law, Inform Direct keeps Companies

House updated about who is serving as an officer of the company.When an RMC first registers, Inform Direct automatically imports details of all the existing company officers from Companies House and wizards then guide the user step by step through new appointments, making changes to existing officers and resignations.

Maintaining statutory registers Inform Direct will produce the following company registers: Register of Directors Register of Directors' Residential Addresses Register of Secretaries Register of Members / Register of Shareholders Register of Allotments of Shares Register of Transfers of Shares Register of Mortgages & Charges

Features

Company data is automatically imported from Companies House when an RMC starts to use Inform Direct.As changes are made to officers, shareholders or company details, the software will automatically update the appropriate statutory registers.

The online tool is free for anyone to use 24/7 via their internet browser. However there are some features that must be paid for, such as submitting an Annual Return which costs £25 including VAT and the filing fee.

It also costs £25 to form a new company which can also be done via Inform Direct. Companies House approval enables Inform Direct to electronically exchange company data direct.

For more information, FAQs and to see the software in action, go to www.informdirect.co.uk Or contact team@informdirect.co.uk

Features FEATURED BLOCKS

Bringing the arts

back home

An exciting new mixed-use development on the Thames at Greenwich is bringing the arts right onto the doorsteps of residents at Paynes and Borthwick Wharf

Paynes and Borthwick Wharf (www.paynesandborthwick.com) started life as a marine boiler factory on the banks of the Thames in Greenwich, south east London.The building was one of many that served the historic Deptford naval dockyard; those that remain are now largely converted to other uses along the river.The Grade-ll listed buildings at Paynes and Borthwick Wharf have been used as the centrepiece by the developers for a substantial mixed-use development that makes the most of its urban, riverside setting. Overlooking Canary Wharf on the opposite side of the river, the scheme – which has taken more than seven years from planning to completion, now comprises 253 apartments and ten live and work units, together with more than 34,000 sq ft of commercial space.

as the Deptford/Greenwich area becomes an ever more popular location,” says MLM Managing director Michael Jacobs.

The development is a complex one, bringing just about every type of property management scenario imaginable into play, Michael explains.This, he says, makes for an interesting and constantly challenging role.

Some of the issues faced by his team include

• A large-scale scheme; • The need for an on-site management team; • A complex build in a riverside location; • A mix of listed and new buildings; • Managing central heat and plant installations with combined heating and hot water systems; • Managing mixed residential, commercial and live and work space;

The flats are finished to a very high standard

Property managers Michael Laurie Magar have been working with the developers Lane Castle (www.lanecastle.com) and fund managers LaSalle Investment Management since before building work began - and, more recently, also with their development partners, United House Developments (www.unitedhouse.net).

“We are committed both to the development and to the wider area,which is now seeing a burgeoning level of interest with more than a dozen large schemes being erected within a short distance of Paynes and Borthwick Wharf

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Issue 18

FEATURED BLOCKS • Managing a range of different residents, with both privately-owned flats and social housing elements; • Managing commercial space containing offices, a leisure/arts centre, café, restaurant, retail, and live and work units; and • Managing an underground car park for 180 cars.

All these different considerations had to be taken into account when setting the property

Features

annum.As in all new housing developments there is an element of social housing for rent and a small number of live/work units are also available with a 1300 sq ft unit with two bedrooms and a parking space on the market in March for £595,000.

the residents and most important of all, how to manage such a lavish production in the common parts and external communal areas of a working, living building with 263 families living in the scheme are not in our normal daily remit.”

As part of their commitment to the arts and as a way of promoting the new gallery/arts space at Paynes and Borthwick Wharf, the developers have been fortunate to attract a

Paynes and Borthwick Wharf will be classified as a major events stadium for the duration of the production run, involving significant health and safety considerations for the the

Spectacular views over the Thames from Greenwich to Canary Wharf

management strategy which was made more difficult by the fact that the development has been completed in phases. Many early residents were effectively living on a building site for nearly a year. However, the scheme is now up and running with 80% of the apartments now sold.

Flats at Paynes and Borthwick Wharf range from one-bed to three-bed apartments and are finished to a very high standard.With worldclass views across the Thames to London Docklands and the high-rise towers at Canary Wharf, the flats are proving popular with only a limited number of two and three-bedroom apartments still available priced from £375,000 for two bedrooms to £795,000 for a three-bed duplex apartment. Ground rent is £400 per annum for a two-bedroom apartment and £475 for a three-bedroom flat.

The service charge varies according to floor space and location within the development ranging from £2.65/sq ft to £3.32/sq ft per Issue 18

prestigious theatrical group,The Spectators Guild,which recently used the development as the setting for their latest production – a deconstructed 200 year old Venetian play. The Spectators Guild has put on a number of internationally renowned events in some interesting buildings, but never one as challenging as Paynes and Borthwick.The production was staged in a 255 seat auditorium in the main arts centre. The play is in a modern form with the audience participating to the extent that the play itself and the audience moved around the development,which provided the backdrop for the play.

“We are not quite sure whether this has ever been tried in a development such as this before“, says Michael Jacobs. “So, in and amongst setting the scheme up for property management on a normal basis,we were presented with the interesting dilemma of a full-on theatrical production. Issues such as how to stage the play; how to get buy-in from

audience and, most important, from the residents in what is effectively a non-secured site, Michael explains.

The task for the property management team has been immense,with alterations needed to some very delicate construction work. Most of the audience arrived in Greenwich by Thames Clipper to view the production,with a temporary jetty being constructed to accommodate arrivals. “Just when I thought there was not much I had not seen in 20 years of management, staging a theatre production in a near-complete working development has been a challenging, but immensely interesting and rewarding project to work on - unlikely to be repeated in my lifetime.”

“The background work, time and effort involved in planning this production will ensure its success and put Paynes and Borthwick Creative Arts Centre on the map on an international scale”, says Michael.

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FEATURED BLOCKS

Features

Paynes & Borthwick Wharf offers luxury interiors with the arts on your doorstep and easy access to central London

The Play’s the Thing The Spectators' Guild presented Venice Preserv'd written by Thomas Otway for a seven week run at Paynes and Borthwick Wharf from the end of April to the beginning of June. Set against the backdrop of Venice in the 17th Century and starring Ashley Zhangazha, Ferdinand Kingsley, Ayesha Antoine and Jessie Buckley, this restoration tragedy tells the story of a group of young revolutionaries attempting to overthrow the corrupt and decadent Venetian senate.

It was the first time this play had been staged as a site-responsive, promenade performance with members of the audience invited to wear traditional Venetian Carnival masks and costumes. Starting at the Cutty Sark in central Greenwich, the audience entered a Carnival scene that guided them along the river front to Paynes and Borthwick Wharf with vendors selling food and drink and street performers adding to

A tremendously talented multiracial cast and some fabulous indoor stage settings was the verdict from Deptford-based blog Crosswhatfields?

Issue 18

the interactive experience.A newly commissioned prologue written by Irish playwright Owen McCafferty completed the audience's journey from 21st century London to 17th century Venice.

The developers at Paynes and Borthwick worked closely with the Spectators' Guild to make the 'stage' available, supporting the production with more than £100,000 of funding. Jeffrey Adams, chief executive of Unted House is passionate about theatre and sponsored the Donmar Warehouse for 10 years.

“The production at Paynes and Borthwick demonstrates how our approach to development delivers new life and energy to an area – bringing the excitement of West End theatre to West Greenwich,” he says. Mark O'Grady, co-owner of Lane Castle, added “Having rejuvenated this corner of the Royal Borough,we are really pleased to see our gallery brought to life with performing art of such quality.”

Paynes and Borthwick Wharf was used as the backdrop to Venice Preserv'd during its seven week run this spring.

The design team of Venice Preserved in the Paynes and Borthwick gallery space viewing the infrastructure of the set design on the first day of scenic construction which was built for them by Ardmore - who are the constructors for the whole development: Photo Lazaros Sitsanidis

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mlmproperty.co.uk mlmproperty.co.uk

ISO 9001 Registered Firm

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Features HEALTH & SAFETY

TIME for

ACTION So you've received your fire risk assessment report – what now?

Gregg Masters looks at the steps property managers and RMC directors should take to ensure their block is properly protected

Managing risk assessments can be a frustrating task for managers of property. Many assessors who evaluate property-related risks and make recommendations to minimise them have a background in risk assessing commercial, not residential premises.

However,when it comes to fire safety, blocks of flats are unique and require a different approach and closer scrutiny of the regulations and guidance. Appointing a risk assessor who has no experience or understanding of residential property management can leave flat owners with an overzealous report and impractical recommendations that can be impossible to implement.

This is one of the main reasons why many risk assessment reports are left untouched and unmanaged and why it is important to

appoint a competent and qualified risk assessor who has an in-depth understanding of the residential property sector.

At 4site Consulting we have noticed a worrying misconception among flat owners that once a risk assessment has been carried out, the report will magically protect the building from any risk of fire. It is vital to address this misunderstanding; the recipients of the report must be aware that the risk assessment report simply identifies issues that may pose a risk and provides a prescription to remedy them.

The issues identified in the report require application of that prescription by the property manager or RMC directors so that any risk can be alleviated or eradicated. For instance, the issue could be any risk requiring the installation of emergency lighting or the removal of combustible items from an electrical riser cupboard.

Another common misconception is that the actions required by the risk assessment are mandatory and must be carried out to the letter.The advice in the report may therefore be considered too rigid, offering solutions that can’t easily be implemented for reasons that are beyond the risk

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assessor's control or knowledge such as budget/service charge restrictions. In fact a risk assessment should never be prescriptive; instead the report should highlight each risk and then provide a recommendation of how to alleviate that risk. If the proposed solution is not reasonable or practical to implement, then the property manager should be left free to make other provisions that would achieve the same result.

In the early days of fire risk assessments, as an easy solution, some managing agents appointed companies that would conduct a risk assessment and then quote for managing the risks they had identified.

At first glance this looks like the perfect time saving solution. However this approach is fraught with danger, as unscrupulous companies providing this dual service could be tempted to use the risk assessment only as a platform to issue a quotation for other services that may not necessarily be required.

For example, a company could recommend in their risk assessment that fire extinguishers should be installed in an area where they may not really be needed because they have a couple of spare extinguishers in their van that they'd like to charge you for installing and maintaining.The message here for managing agents, landlords and RMCs, is to be wary of risk assessors who have a vested interest in the works which they recommend.

Luckily in recent years this type of service has been condemned by many as bad practice and is now very seldom offered, but it has left many managing agents unaware that there is a need for on-going risk management beyond the risk assessment.

Issue 18

HEALTH & SAFETY Where once the report arrived on the property manager’s desk and the works had already been completed (rightly or wrongly) now, as a result of the drive for better quality risk assessments and transparent service provision, reports arrive with a requirement for the property manager to take charge of tackling any issues that are highlighted.

However, despite the requirement for those responsible for residential blocks to manage their own risks,we are still frequently asked “Can you quote for these works please?” or “Can you recommend somebody who can….”

In our company, calls for technical assistance and Health & Safety guidance following our risk assessments have grown significantly in recent years,with increased attention being paid to the specifics of compliance with regulation and legislation.We believe this is indicative that some of the recent high profile prosecutions, fines and prison sentences levied against property managers have had a significant effect, leading in turn to better management of fire safety within blocks of flats.

This management issue has been a catalyst for the production of a host of new risk assessment management software packages.

4site Consulting has listened to feedback from our customers and we have recently released our own online system designed specifically to help property managers with the management of their risk assessments which allows them to appoint their own Health & Safety accredited contractors.This keeps us in the loop as a technical mediator,while the software automatically completes their reports for them, making assessments easier to manage and less likely to pile up in a corner somewhere, becoming a fire risk themselves!

Features

Having a current fire risk assessment takes blocks one step closer to maintaining compliance for managed properties.

However, it is also vital to ensure that the property professionals who are responsible for implementing the actions required within these reports, understand the various ways and means of doing so. It is vital that they are aware that the recommendations can,within reason, be adapted to suit situations where the proposed solution offered by the report may not be practical.

About 4site Consulting 4site Consulting was established in 2006 with the advent of the Regulatory Reform (Fire Safety) Order,which focussed the property management industry on the need for effective fire safety management.

Recognising the lack of attention previously paid to the residential property sector and foreseeing the potential misinterpretation of the new regulations, 4site Consulting has developed a service that aims to provide direction to an industry lacking in guidance

and support. Key services encompass all areas of compliance including: health & safety and fire risk assessments, asbestos surveys, legionella risk assessments, contractor management and training.

For more information please contact Gregg Masters, by emailing gregg.masters@4siteconsulting.co.uk or calling on 01376 572936

4 site Consulting Ltd.

4

01376 572 936 office@4siteconsulting.co.uk

Professional Safety Services 4 Residential Block Managers www.4siteconsulting.co.uk

Specialising in...

• Health & Safety Risk Assessments • Fire Risk Assessments

• Asbestos Management

• Water Risk Assessments

...for Property Management

New Direction ALL THE RIGHT MOVES

What’s New in

PROPERTY MANAGEMENT In a new, regular feature Flat Living highlights a selection of new property management appointments from around the country.

In future this section of Flat Living will showcase a wide range of recent property management commissions. In this issue we take a look at a variety of blocks, both large and small, now being managed by:

· · · · · · ·

The Balinor Group; Burlington Estates; Cleaver Property; Crabtree Property Management; Grace Miller; Rylands Associates; and Warwick Estates.

CARDIFF POINTE

ONE MILL HILL CLARE LANE COURTYARD HOE GREEN VILLAGE

Cardiff Pointe is an ongoing development which is being built by Figurehead Homes. The development will total 640 residential premises (both houses and apartments) and will totally re-develop Cardiff Bay peninsula.

A converted Grade II listed building conversion and additional new build units set out around a picturesque courtyard.

The development is made up of 276 purpose built apartments with a total of 43 stairwells situated in 19 different buildings. It is located just off the great Cambridge road in Enfield, North London.

St. Walstan’s is a stunning new development of 2, 3, 4 and 5 bedroom new family homes only five miles from the beautiful cathedral city of Norwich. This new Norwich development offers the perfect combination of idyllic rural living with all the excitement of city life close at hand.

COLINDALE

ST. WALSTAN’S

Issue 18

Crabtree PM Limited have been appointed by the prestigious Fitzroy Group for their iconic development of 42 luxurious apartments benefiting from 24 hour Concierge Service.

Crabtree have been appointed to manage phase 2 of the former Colindale Hospital site.

Phase 2 encompasses 198 units following on from phase 1 that comprises 729 residential and 3 commercial units.

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CHOLSEY MEADOW

GRAND VIEW APARTMENT

Luxury new build apartments with amazing views of the River Thames at Leigh on Sea

GRAYTHWAITE COURT WENLOCK HOUSE HOWLETT HEIGHTS

SOUTHSIDE COMMON

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A prestigious new development of apartments on Wimbledon Common built to the very highest specification and utilising materials and products which ensure the building is environmentally friendly. Now managed on behalf of the residents by Grace Miller.

The conversion of the former hospital site in to 130 apartments and houses will be completed later this year. The management of the Grade II listed buildings, with its extensive grounds and river frontage, will provide Cleaver Property Management with an exciting challenge.

Graythwaite Court is a delightful community development of 23 properties with a mixture of apartments and houses.

Warwick Estates took over the site from a local agent as the Directors were looking for a company with a broader range of in house services.

Crabtree PM Limited has recently commenced management of Wenlock House. A former medical centre based in Enfield town, the site consists of 36 residential units.

A contemporary designed development of 28 properties conveniently located close to all major roads networks in Rayleigh

Issue 18

DALLINGTON STREET

DALLINGTON SQUARE

The buildings occupy old light industrial buildings once used for the printing industry that used to occupy this area. Now printing has gone digital with a lot of design companies occupying this locality.

VICTORIA GARDENS

IMPERIAL COURT

Imperial Court is a development of 24 Flats located in Whetstone, North London. Warwick Estates were chosen ahead of other agents for the on-going management from 1st February 2014.

The resident directors are impressed by the weekly communication and transparency of the online reporting.

A large development of 200 units, made up of apartments and houses.

Great location next to the Thames Estuary.

After a short period of being in our management and due to the positive feedback from Dallington Square we received a request from 9a Dallington Street to ask if we would like to tender for management. This second contract means we can cover both buildings in one visit and our management service is more efficient.

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Issue 18

0800 193 3198

0800 193 3198

Issue 18

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DEACON & COMPANY Property Management Est. 1926

0800 193 3198

Make the most of your Flat Living is an invaluable, and expanding, source of information for RMC Directors, Property managers and their professional advisors T: 0845 257 6374 E: infor@flat-living.co.uk

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www.flat-living.co.uk Issue 18

property management

0800 193 3198

Is your apartment block management company a dinosaur to deal with?

Revolution was born out of the frustration of having to live in a poorly managed apartment block. We want to manage your building…join the Revolution • We have never lost a building where we are leaseholder appointed.

• In a customer satisfaction survey achieved 97% satisfaction.

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• Full members of ARMA & ISO9001 accredited.

For more information go to www.revolutionpropertymanagement.com or simply call 0800 622 6248 Revolution Property Management Ltd, 1st Floor, 121 Princess Street, Manchester M1 7AG

Issue 18

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ARMA MANAGING AGENTS DIRECTORY GREATER LONDON 2 Manage Property Ltd

% 01932 765 493

Abbott Management Ltd

% 020 7495 5085

Adelaide Jones % 020 7725 5800 Alliance Managing Agents Ltd % 020 3328 1950 AMP Mgmt Limited % 0208 427 6266 Aspect Property Management Limited % 020 7581 7900 Aston Rose % 020 7629 1533 Blenheims Estate and Asset Management Limited % 020 7368 4150 BLR Property Management % 020 8905 8345 Bowood Commercial % 020 7223 6940 Buckingham Management Services % 020 7839 2347 Burlington Estates (London) Limited % 020 7499 3207 Canbury Management Ltd % 01784 466501 Capital Property Management Limited % 020 7328 4001 Carringtons % 020 8960 0001 Castlebar Management Ltd % 020 7927 0607 Castlereagh Management Limited % 020 7258 9670 Chainbow % 020 7928 9944 Chelsea Property Management Ltd % 020 7584 7850 Chesterton Humberts % 020 7359 0922 City Estates % 020 8809 5051 ext 0022 CJ Delemere International % 020 8151 481 Cluttons LLP % 020 7408 1010 Colin Bibra Estate Agents Limited % 020 8567 0077 Colin Cohen Property Management % 020 8959 6870 Crabtree Property Management LLP % 020 8371 7070 Craig Sheehan % 0800 488 0125 Currell Management % 020 7231 3545 D&G Block Management % 020 7963 4646 Dauntons Soar Management Limited % 020 7834 1032 Defries & Associates Ltd % 020 8202 0759 Dillons % 020 7561 5230 Drivers & Norris % 020 7607 5001 Druce & Co Limited % 020 7036 2333 E A Shaw % 020 7182 2886 ERA Property Services Ltd % 020 7837 6186

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Esskay Management Services LLP % 020 7331 8888 F W Gapp (Management Services) Ltd % 020 7221 8838 Farebrother % 020 7855 3500 Farrar Property Management % 020 7341 0220 Fifield Glyn % 0207 629 6457 Fresson & Tee Ltd % 020 7391 7100 Fry & Company % 020 7821 0099 Galleons Point Management Ltd % 020 7511 8585 Gordon & Co (Property Consultants) % 020 7724 4477 Grace Miller & Co. % 020 8605 1200 Granville & Company % 020 8995 5284 Granvilles Block Management % 020 7313 7574 Hallmark Property Management Ltd % 01992 761 419 Hanley Estates Ltd % 0207 263 3388 Harrods Estates Asset Management % 020 3626 7565 HML Hathaways Ltd % 020 8492 1111 HML Hawksworth Ltd % 020 7802 0000 HML Scotts % 020 8789 1200 HMR London Limited % 020 7591 0931 Homes Property Management Limited % 020 8960 7730 Houston Lawrence Management Ltd % 020 7801 9009 Ian Gibbs % 020 8370 4810 Integrity Property Management Ltd % 020 8954 6500 Islington Properties Limited % 020 7812 0480 J C Francis and Partners Ltd % 0208 785 1920 Jane Thorne Residential % 020 8441 7711 Kay & Co Premier Management % 020 7262 2000 KDG Property Ltd % 020 7887 6413 Kensington Flats % 020 7589 6699 Kevin Usher & Associates % 0207 515 0009 Kinleigh Folkard & Hayward % 020 3542 0147 KMP Solutions Limited % 0208 371 9171 Knight Frank LLP % 020 7861 1235 Lambert Smith Hampton % 020 7198 2000 Lamberts Chartered Surveyors % 0207 148 6797 Lewis & Tucker % 020 7323 2321 London Block Management Ltd % 020 7870 4000

London Residential Management Ltd % 020 7438 1080 M H Associates % 020 7737 2552 Managed Living Partnerships Ltd % 020 7117 6611 Management Accountants Ltd % 020 7224 5678 Martyn Gerrard % 020 8343 4340 May & Co Management Ltd % 020 7376 3726 Michael Laurie Magar Ltd % 020 8492 9850 Montalt Management Ltd % 020 8223 9828 Moonstone Management % 077 2078 3717 Northleach Property Management Ltd % 020 8315 0050 Parc Properties Management Ltd % 020 7515 3553 Parkgate-Aspen Property Management % 020 8732 8888 Parkwood Management Company (London) Ltd % 020 8368 8111 Pembertons Residential Ltd % 0207 483 8429 Pinnacle Housing Ltd % 020 7017 2000 Premier Management Partners Ltd % 020 8457 2955 PRESIDE % 020 7224 0011 Qbit Property Management Ltd % 0208 320 2718 Quadrant Property Management Limited % 020 7386 8800 Qube Property Management % 0871 200 1992 Rendall & Rittner Ltd % 020 7702 0701 Residential Block Management Services Ltd % 020 8318 5544 Ringley Chartered Surveyors % 020 7267 2900 RMC (The Residents Management Co.) % 020 8748 1229 RMD Properties (London) LLP % 020 7723 2111 Roger McMillan Properties Ltd % 01932 576444 Rynew Property Management Ltd % 0203 282 7171 Salter Rex % 020 7267 2071 Sandrove Brahams % 020 7629 4949 Sears Morgan Property Management Ltd % 0844 257 2222 Smith Waters LLP % 020 7839 3950 St Anselm Property Management Ltd % 020 7495 3599 Stiles Harold Williams % 020 7389 1521 Stock Page Stock % 0207 251 4171 Stonedale Property Management % 020 3117 2600

Sutton Heights Management Services Ltd % 020 7585 2202 Trent Park Properties LLP % 020 3384 0583 Urang Property Management Limited % 020 8355 7751 Veritas Estate Management Ltd. % 020 3137 7993 Vision PEM & Vision RTM % 0845 456 8775 Woollens of Wimbledon Ltd % 020 8542 9551 Y & Y Management Ltd % 0208 211 1550 SOUTH EAST Acorn Estate Management

% 020 8315 6980

Allsop Residential Investment Management Ltd % 01273 322011 Amax Estates and Property Services Ltd % 01474 564444 Applewood Property Management Limited % 01273 321 646 Appre Management Services Ltd % 01372 376 536 Arko Property Management Limited % 01424 439786 Austin Rees % 01273 207 501 Ayling & Strudwick % 01444 415222 Banner Property Services Ltd % 01628 522888 Bartholomews % 020 8546 9441 BBM - Burkinshaw Block Management % 01892 501100 Belgarum Property & Management Ltd % 0845 330 0727 Blake Property Management Ltd % 01296 614882 BlocMan Ltd % 01892 526 634 Bourne Estates Ltd % 01202 784280 Bridgeford & Co % 01590 677725 Broadlands Estate Management LLP % 01908 555 888 Broadleaf Management Services Limited % 01425 403 767 Burns Property Management % 01202 391663 Campsie Property Consultants % 01753 410711 Carlton Property Management % 01323 644288 Castleford (Poole) Ltd % 01202 757 050 CastleKeyes % 01420 566860 Caxtons Commercial Ltd % 01474 537733 Cleaver Property Management Ltd % 0844 499 3411 Clifford Dann LLP % 01273 407 920 Concept Property

Management Ltd

% 020 8651 2727

Cosgroves Block Management % 02392 827 827 Countrywide Estate Management % 01329 285 858 Courtney Green Ltd % 01403 252 200 Covenant Management % 01993 847 601 Crestwood Property Management Ltd. % 02380 730 111 CS2 Residential Management LLP % 019 0850 7197 Deacon and Company % 01273 421 286 Denfords Property Management % 023 8038 6970 DMA Chartered Surveyors % 02380 629823 DMG Property Management Limited % 01622 831017 Edgerley Simpson Howe LLP % 01932 860 505 Estate & Property Management Ltd % 01444 410069 F & S Property Management (So’ton) % 02380 226686 Fell Reynolds % 01303 228688 Fortune Management % 020 8905 1621 Foxes Property Management Limited % 01202 299099 Frank Bailey & Partners % 01256 473400 GCS Property Management Limited % 0193 225 0631 GH Property Management Services Limited % 0845 3080 988 Graves Son & Pilcher LLP % 01273 321 123 Gray Property Management Ltd % 02392 597567 Hamways Ltd % 01883 730890 Heritage Management Limited % 01737 850260 HML Andertons Ltd % 0330 300 0002 HML Shaw Ltd %020 8948 3211 House & Son Property Consultants Ltd % 01202 315 515 Housemartins Property Management % 01323 896418 Huggins Edwards & Sharp % 01372 455246 Hydehead Ltd % 01273 579796 Itsyourplace Limited % 0845 094 0854 Jacksons % 01273 204 401 JH Property Management Limited % 01795 476 249 JJ Homes (Properties) Ltd % 020 8296 0181 John Mortimer Property Management Ltd % 01344 823666 Jordan & Cook Ltd

Issue 18

MANAGING AGENTS DIRECTORY % 01903 820740 Kent Gateway Block Management % 01634 814867 KTS Estate Management Limited % 01903 889 799 Leasehold Management Limited % 01903 238909 Lucy Block Management Limited % 01865 559973 Minster Property Management Limited % 01202 883360 MSMS % 01202 508190 Napier Management Services Limited % 01425 650 565 Oakfield % 01424 446644 Oaks Block Management % 01372 745 745 Omnicroft Ltd % 01634 362 097 Owens & Porter Limited % 01202 522012 Oyster Estates % 01243 586939 Parker Torrington Limited % 023 9260 4591 Parsons Son & Basley % 01273 274069 Peerless Properties (Oxford) Limited % 01869 331198 Peter Overill Associates % 01273 820202 Pinnacle Property Management Ltd % 01189 320180 PJJS Management Services Limited % 01622 861 533 Premier Block Management Limited % 020 8236 1270 Prior Estates Limited % 020 8676 3020 Priors % 01273 737586 Property Management Solutions % 01202 575179 Qualitas Residential % 01923 211331 Rayners % 01883 742690 Red Rock Estate & Property Management Ltd % 0333 123 5670 Ross & Co Property Management % 01323 642 426 SPL Property Management LLP % 01202 555560 St Andrews Bureau Ltd % 01223 352170 Stride & Son % 01243 813760 Sweetings Property Management Limited % 020 8941 7799 Trinity Estates % 0845 345 1584 VFM Property Management % 020 8658 6824 SOUTH WEST Adam Church Ltd % 0117 373 9770 Andrews Letting &

Issue 18

Management

% 0117 929 4400

APA Management & Lettings Ltd % 01803 214861 Asset Property Management % 01202 532 898 Belmont Property Management % 01872 260606 BNS Management Services % 0117 9570 809 Carrick Johnson Management Services Limited % 01803 389211 Chilton Estate Management Limited % 01225 442431 CMG Leasehold Management Ltd % 01452 331 289 Cotswold Property Management Services Limited % 01453 825694 Crown Leasehold Management % 0117 9596507 Crown Property Management % 01803 324405 Easton Bevins % 0117 944 3000 ETC Block Management Ltd % 01395 275223 Hamilton Townsend % 01202 765404 Hillsdon Management Ltd % 01395 517950 Hobdens Property Management Ltd % 01903 724040 Initiative Property Management Ltd % 01202 309569 Peter Haddon Property Management Services % 01752 256600 Rebbeck Brothers % 01202 780 780 The Flat Managers Ltd % 01242 210 908 TMS South West Limited % 01803 668 730 Tuffin & Co Property Management Ltd % 01752 254 222 West of England Estate Mgmt Co Ltd % 01225 485910 EAST Amber Management

% 0845 2713300

Atlantis Estates Ltd % 0800 612 1515 Belgravia Block Management Ltd % 01733 345 278 Boydens % 01206 762244 Carringtons Residential Management Ltd % 01279 408740 Consort Property Management % 08451 947044 DJC Property Management Limited % 0870481 0110 Encore Estate Management Limited % 01223 866 980

Francis Butson & Associates

% 01480 226740

Fresh Property Management Ltd % 020 3651 6000 Gem Estate Management Limited % 01462 745 666 Hera Management Services % 0845 683 8812 Hillcrest Estate Management Ltd % 01277 353190 Homes & Watson Partnership Ltd % 01277 355200 Hurford Salvi Carr Property Management % 01992 500040 Jakes Property Services Ltd % 01277 651432 K&M Property Management % 020 8447 1338 Marlborough House Management % 0845 450 6022 Maunder Taylor % 01707 665666 MCS % 01920 466500 Norwich Residential Management Ltd % 01603 670 050 OM Property Management % 08453 370 272 PMS Leasehold Management Ltd % 01206 835350 Red Brick Management Ltd % 01438 303 333 Residential Management Group Ltd % 0845 002 4444 Rounce & Evans Property Management Ltd % 01485 544740 Rumball Sedgwick % 01727 850263 Rushbrook & Rathbone Ltd % 01462 420201 Sheridan’s % 01462 814087 Sorrell % 01702 342225 EAST MIDLANDS D & B Property Management Company Ltd % 0115 979 2794 Exclusive Property Management Ltd % 0845 2777 007 Hodgson Elkington LLP % 01522 814 662 Orchard Block Management Services Ltd % 01604 620 422 PREIM Ltd % 01778 382 202 WEST MIDLANDS Bennett Clarke & James % 0121 308 6461 Centrick Property Management % 0845 6800 981 CP Bigwood % 0121 233 7272 Cottons % 0121 247 2030 GBR Phoenix Beard Residential Limited % 0121 200 4500 Hadrian Property Management Company

Limited

% 01543 410922

Heart of England Management Company Ltd % 01212 868 869 HLM % 01743 271 432 JQ Asset Management Limited % 01212 883 341 KT Management Co (UK) Ltd % 01384 573 637 Mainstay Residential Ltd % 01905 357777 Metro PM % 0121 428 4747 Nock Deighton % 01746 711092 Pennycuick Collins % 0121 665 4150 Philip Laney & Jolly % 01684 575100 Regalty Estates % 0845 456 4980 Robert Oulsnam and Company % 0121 445 2499 York Laurent Ltd % 0121 236 5757 Yorkshire and the Humber Adair Paxton LLP % 0113 205 4190 Eddisons Residential Ltd % 0113 243 0101 Omnia Estates Ltd % 0114 2792840 Watson Property Management % 0845 458 1228 NORTH EAST

ARMA % 01565 755390 Homestead Consultancy Services Ltd % 01253 640040 Livingcity Asset Management Ltd % 0161 274 1400 Manchester Residential Management Ltd % 0161 707 4873 Portland Block Management Ltd % 0161 799 6288 Premier Estates % 0845 491 8899 Realty Management Limited % 0161 474 7677 Rendall and Rittner Regional Limited % 0161 638 9301 Revolution Property Management Ltd % 0161 850 0022 Royle Estates (Lancaster) Ltd % 01524 36311 Scanlans Property Management LLP % 0161 236 8888 Thomson & Moulton % 0151 482 2555 Urbanbubble Limited % 0161 236 3344 West Kirby Property Management Limited % 0151 625 3344 Zenith Management (NW) Limited % 0161 834 3932 WALES Birt & Co

Avoca Estate Management Ltd % 0191 269 9910 Commerson Estate Management Ltd % 03301 112 610 Goldsborough Estates % 01133 816 411 GVA Grimley % 0113 280 8018 Inspired Property Management LLP % 01302 729 500 Kingston Property Services Limited % 0844 800 3800 Premier Property Management & Maintenance Co. Ltd % 01226 770088 RBM % 01244 893 726 The McDonald Partnership % 0114 280 2290 Town & City Management Limited % 01325 389689

% 01834 842 204

Compton Property Management Ltd % 01792 315467 Seel & Co Ltd % 02920 370100

NORTH WEST Anthony James Property Management % 01704 545800 Base Estate Management Ltd % 0843 2160 333 Braemar Estates (Residential) Limited % 0161 929 2300 Casserly Property Management % 0161 787 6197 (dd) Estate Management Solutions % 0844 847 8700 HML Guthrie

71

ARMA NEWS ACCREDITATION

ARMA-Q ACCREDITATION GAINS MOMENTUM The strong start to 2014 for ARMA-Q continues with the first member gaining accreditation in April. ARMA anticipates that up to 80% of the membership will be accredited by the end of the year.

Q account and do it now. If you have submitted your notice of intention but would like to alter the timing of your application, just log in to your account and change the submission date.

ARMA has just announced the following managing agents have successfully gained accreditation:

When making your application, don't forget that accuracy is important.ARMA reports that a few of the applications that have been received to-date have been returned to the member firm in question due to inconsistencies in the documentary evidence submitted. Don't forget,your application must include representative examples of the following documents as used by your company:

· · · · · · · ·

Burlington Estates (London) Ltd Jordan & Cook Ltd Livingcity Asset Management Limited Mainstay Residential Ltd RMD Properties (London) Ltd Ian Gibbs Managed Living Partnerships Ltd Rounce & Evans Property Management Ltd

If your company hasn't yet submitted its intention to apply, please be aware the deadline was 31 December last year! But it's not too late; you can still log into your ARMA-

· Management agreement; · Introductory information given to new and subsequent leaseholders; · A basic summary of terms and conditions; · Notice to or from bank or building society;

WORKSHOPS

DATA PROTECTION WORKSHOPS TO BE HELD NATIONWIDE The Information Commissioners Office is to hold a series of data protection workshops throughout 2014 to help staff and managers with limited experience of working with the Data Protection Act to understand the law.

The workshops are aimed at those working in small and medium sized companies and will help people to: · understand their legal obligations under the Act; · gain an understanding of the data protection principles; and · provide a platform for discussing good practice and other issues relating to the legislation.

GRANT

APPRENTICESHIP GRANT NOW AVAILABLE FOR EMPLOYERS Extra funding has now been allocated to the government's scheme to promote apprenticeships among small businesses (those with fewer than 50 employees) in 2014 to 2015.As part of Chancellor George Osborne's Budget speech in March, it was announced that £170 million of additional finance will be made available. The benefits include: · removing any barriers to smaller businesses taking on new apprentices and · employers who have not had an apprentice in the last year, can receive a £1,500 grant for up to the first 10 apprentices they employ in their business.

72

The workshops have been organised for: · · · · · ·

2 July – Coventry 29 July - Newmarket 16 September – Exeter 1 October – York w/c 20 October - London Wilmslow

To apply to attend one of the workshops, indicate your preferred location and write to ICO at: dpworkshops@ico.org.uk, titling your email 'More information please'.

The GREAT Business campaign supplies a wealth of information for employers about hiring apprentices and about the government support available.There are also some case studies on the GREAT Business website at www.greatbusiness.gov.uk demonstrating the vital role that apprenticeships play in the UK economy.

If your firm is interested in taking on apprentices, the Chartered Surveyors Training Trust (CSTT) is now inviting expressions of interest in the residential property management apprenticeship scheme introduced in 2012.

and · Service charge year end accounts, including balance sheet.

Depending on the size of your firm, sample documents should be provided for one or more blocks in your portfolio and you should provide each of the required documents for the same blocks. So for example, if you provide management agreements for Smith Court, Jones Square and Blogs Mansions,you should be providing all other required documents for the same three blocks. If this is not possible you should substitute an alternative and explain why this has been done in the Declaration of Compliance.

For more information and guidance read the ARMA-Q guide to accreditation and audit which you can find on the ARMA website at www.arma.org.uk/managing agents/arma-q-accreditation.

ARMA SUPPORTS CONSUMER PROTECTION CHANGES ARMA is pleased to note in a recent members' circular that the government's recently announced proposals and changes affecting consumer protection demonstrate that ARMAQ “is in tune with the current zeitgeist”.

With a consumer charter at its heart, the new regulatory regime echoes the thinking behind the Consumer Contracts (Information, Cancellation and Additional charges ) Regulations 2013,which are due to be published as this issue of Flat Living goes to press and the Consumer Protection (Amendment) Regulations, due to come into force in October.

Alongside plans announced in May to require letting agents to publish full details of their fees, both sets of regulations aim to offer greater protection to consumers.ARMA recommends that managing agents look at the new requirements in the light of their own activities to assess how they will affect the way in which they serve their clients and deal with any problems or complaints they may have.

For more information and details of the new regulations, go to www.legislation.gov.uk

Companies can register before 30 June at www.cstt.org.uk for more information without committing to the scheme.

Issue 18

ALEP DIRECTORY GO TO ALEP FIRST If you are buying or selling a flat, extending a lease, buying your freehold, going down the right to manage route with your fellow residents, or simply need some leasehold advice,ALEP's member listings should be your first port of call.

Leasehold is a complex form of property ownership which generally, but not always, applies to flats. If you are buying a leasehold property, or even if you already own a flat but want to make changes to your lease or buy your freehold, first you should always seek the advice of a properly qualified expert. Many solicitors, estate agents and valuers do not have a lot of experience in working with leasehold property, so before you make a costly mistake that could mean storing up trouble for the future, take the time to find out more about ALEP and its members.

professionals involved in the process together on the client's behalf).ALEP is a not-for-profit organisation so companies cannot buy their membership. Instead they are vetted on a regular basis so that membership of ALEP acts as a badge of assurance for flat owners and freeholders who can be confident that they are employing professionals with the right level of experience in handling potentially complex transactions.

On the following pages we list ALEP members by profession – solicitors, barristers,valuers, managing agents and enfranchisement intermediaries plus all the relevant contact details.

To find the right professional in your area, always contact an ALEP listed adviser.

For more information about ALEP, telephone 0845 225 2277 or visit www.alep.org.uk

Formed in 2007 and now with more than 160 member organisations, the Association of Leasehold Enfranchisement Practitioners or ALEP, provides a forum for professional advisers working in the residential leasehold sector who are properly qualified to offer effective, up-to-date advice to flat owners.

Members include barristers, managing agents, solicitors, surveyors and enfranchisement intermediaries (who can bring the various

Jargon buster What is Enfranchisement?

When a leaseholder buys the freehold of the property the leaseholder is leasing, it is called 'enfranchisement'. Professionals who work in the enfranchisement sector also frequently offer advice on the legal aspects of a range of property issues such as lease extensions and the formation of right to manage companies as well as conveyancing.

Jargon buster What is an enfranchisement intermediary?

An enfranchisement intermediary is a third party who brings together and co-ordinates communication between the valuer, solicitor and flat owners to facilitate a successful outcome in an enfranchisement claim.

Who we are

What do we do?

Want to get in touch?

Balinor Group Holdings provide a full range of essential service requirements relating to Residential Property Management.

We believe in providing a personalised service to our existing and prospective customers as we know how important your investment and property is to you. Whether your development is big or small, your requirements simple or complicated, we offer the same personal dedicated service delivery.

We are committed to you, because we care.

Balinor Group Holdings provides high quality, cost effective property management services for residential, leasehold & mixed use developments.

Balinor Group Holdings Limited, 7 The Maltings, Roydon Road, Stanstead Abbotts, Hertfordshire, SG12 8HG

Our Services Company Secretarial Services Insurance Financial Management Directors/Residents Meetings Development Site Inspections Collection of Ground Rent Contractor Monitoring

Phone 0800 193 9230 Email services@balinorgroupholdings.co.uk Web www.balinorgroupholdings.co.uk

ALEP MEMBERS DIRECTORY See below for a list of ALEP members who can offer advice on leasehold reform matters. Members are listed alphabetically and fall into one of five categories: solicitor, valuer, intermediary, property manager or barrister.

INTERMEDIARY Leasehold Solutions Mark Curtis Croydon CR0 1LB % 020 3327 1177 www.leaseholdsolutions.com BARRISTERS Tom Jefferies Landmark Chambers London EC4A 2HG % 020 7430 1221 www.landmarkchambers.co.uk Katie Helmore Landmark Chambers London EC4A 2HG % 020 7430 1221 www.landmarkchambers.co.uk Katharine Holland Landmark Chambers London EC4A 2HG % 020 7430 1221 www.landmarkchambers.co.uk Aaron Walder Landmark Chambers London EC4A 2HG % 020 7430 1221 www.landmarkchambers.co.uk Jacqueline Lean Landmark Chambers London EC4A 2HG % 020 7430 1221 www.landmarkchambers.co.uk Ellodie Gibbons Tanfield Chambers London WC1R 5DJ % 020 7421 5300 www.tanfieldchambers.co.uk Philip Rainey Tanfield Chambers London WC1R 5DJ % 020 7421 5300 www.tanfieldchambers.co.uk Mark Loveday Tanfield Chambers London WC1R 5DJ % 020 7421 5300 www.tanfieldchambers.co.uk Christopher Heather Tanfield Chambers London WC1R 5DJ % 020 7421 5300 www.tanfieldchambers.co.uk Nicola Muir Tanfield Chambers London WC1R 5DJ % 020 7421 5300 www.tanfieldchambers.co.uk SOLICITORS / LEGAL

Barker Gillette LLP London W1U 2LU Simon Levi % 020 7299 6947 www.barkergillette.com

CooperBurnett Tunbridge Wells TN1 1EE Thomas Lumsden % 01892 515022 www.cooperburnett.com

Hilliers HRW Solicitors LLP Stevenage SG1 3UN Freya Buckley % 01438 346000 www.hilliershrw.co.uk

Pemberton Greenish LLP London SW3 2AG Katherine Simpson % 020 7591 3333 www.pglaw.co.uk

Bircham Dyson Bell London SW1H 0BL John Stephenson % 020 7227 7000 www.bdb-law.co.uk

Crabtree Law London N3 2UU James Naylor % 020 8371 7083 www.crabtreelaw.co.uk

hlw Keeble Hawson Leeds LS1 2BR Patrick Kelly % 0113 399 3417 www.hlwkeeblehawson.co.uk

Penningtons Manches LLP London EC2V 8AR Martin Codd % 020 7457 3000 www.penningtons.co.uk

Bishop & Sewell LLP London WC1B 4HP Mark Chick % 020 7079 2415 www.bishopandsewell.co.uk

Crosse & Crosse Exeter EX1 1PL Zoe Tibbles % 01392 258451 www.crosse.co.uk

Hodders Law Harlesden NW10 4UA Christopher Nobbs % 020 8955 6311 www.hodders.co.uk

Philip Ross Solicitors London W1A 3BQ Gary Scott % 020 7636 6969 www.phillipross.com

Blacks Solicitors Leeds LS2 9NZ Glen Salt % 0113 207 0000 www.lawblacks.com

Dean Wilson LLP Brighton BN1 1UJ Emily Fitzpatrick % 01273 249250 www.deanwilson.co.uk

Housing and Property Law Partnership Solicitors London EC1M 6HR Ash Oberoi % 020 7553 9000 www.housingandproperty.co.uk

Piper Smith Watton LLP London SW1P 3LW Caroline Anstis % 020 7222 9900 www.pslaw.co.uk

Bolt Burdon London N1 0NT William Bethune % 020 7288 4700 www.boltburdon.co.uk

Debenhams Ottaway St Albans AL1 3EW Ahmed Anwar % 01727 837161 www.dolegal.co.uk

JPC LLP London NW6 4BT Yashmin Mistry % 020 7625 4424 www.jpclaw.co.uk

Bonallack & Bishop Salisbury SP1 1LY Samantha Davies % 01722 422300 www.bishopslaw.co.uk

Dewar Hogan London EC4V 6DX Anjani Purohit % 020 7634 9550 www.dewarhogan.co.uk

Powells with Chawner Grey Solicitors Weston-Super-Mare BS23 1TE Tim Hannah % 01934 623501 www.powellslaw.com

Bond Dickinson LLP Newcastle Upon Tyne NE1 2HF Chris Ledgerwood % 0191 279 9000 www.dickinson-dees.com

DMH Stallard Crawley RH11 7FZ Tina George % 01293 605000 www.dmhstallard.com

Boodle Hatfield LLP London W1S 1DA Jonathan Turton % 020 7629 7411 www.boodlehatfield.com

Erhardt & Warnell Ascot SL5 7HP Julie Erhardt % 01753 620994 www.erhardtwarnell.com

Brethertons LLP Banbury OX16 4QD Roger Hardwick % 01295 661453 www.brethertons.co.uk

Farrer & Co London WC2A 3LH Helen Sculthorpe % 020 3375 7318 www.farrer.co.uk

Bury & Walkers Solicitors Leeds LS1 5JS Graham Dickson % 0113 244 4227 www.burywalkers.com

Field Seymour Parkes Reading RG1 4QW Sandra Carter % 0118 951 6200 www.fsp-law.com

Calvert Smith & Sutcliffe Richmond TW9 1PU Bradley Powell % 020 8940 0017 www.calvertslaw.co.uk

Forsters LLP London W1J 5LS Natasha Rees % 020 7863 8400 www.forsters.co.uk

Charles Russell LLP London EC4M 7RD Andrew Slatter % 020 7203 5159 www.charlesrussell.co.uk

Glanvilles LLP Fareham PO16 8AB Nicola Crookes-West % 01329 282841 www.glanvilles.co.uk Glanvilles LLP Havant PO9 1TR Jonathan Tawse % 01329 282841 www.glanvilles.co.uk

LCF Law Bradford BD1 2AT Harriet Thornton % 01274 386 574 www.lcf.co.uk Lester Aldridge LLP Bournemouth BH8 8EX Suki Samra % 01202 786161 www.lesteraldridge.com McGlennons Solicitors London SW19 8AQ William Essex % 020 8946 6015 www.mcglennons.co.uk Moon Beaver Solicitors London WC1N 2BF Ahmed Anwar % 020 7400 7770 www.moonbeever.com Mullis & Peake LLP Romford RM1 3PJ Joanne Wood % 01708 784000 www.mplaw.co.uk ODT Solicitors LLP Brighton BN1 1UF Tim Morgan % 01273 710712 www.odt.uk.com Oliver Fisher London W11 3JQ Russell Conway % 020 3219 0145 www.oliverfisher.co.uk

Adcocks Solicitors Lichfield WS13 6DP Mark Adcock % 08454 708081 www.adcocks-solicitors.co.uk

Child and Child London SW1X 7HJ Claire Allan % 020 7235 8000 www.childandchild.co.uk

Alan Edwards & Co London W8 7TH Alan Edwards % 020 7221 7644 www.aelaw.co.uk

Clarke Mairs LLP Newcastle-Upon-Tyne NE1 6JQ Katy Rushworth % 0191 245 4725 www.clarkemairs.com

Anthony Gold London SW16 3QB Ian Mitchell % 020 7940 4000 www.anthonygold.co.uk

CMS Cameron McKenna LLP London EC1A 4DD Eleanor Murray % 020 7367 2906 www.cms-cmck.com

Arnold & Baldwin Croydon CR0 4HA Joe Arnold % 020 8642 2999 www.arnoldandbaldwin.co.uk

Coles Miller LLP Bournemouth BH2 5QT Andrew Howard % 01202 293226 www.coles-miller.co.uk

Griffith Smith Farrington Webb LLP Brighton BN1 1NW Dan Ongley % 01273 384015 www.gsfwsolicitors.co.uk

Parrott & Coales LLP Aylesbury HP20 RS James Couzens % 01296 318500 www.parrottandcoalesllp.co.uk

Ashley Wilson Solicitors LLP London SW1E 6AJ Margot Fisher % 020 7802 4802 www.ashleywilson.co.uk

Collins Benson Goldhill LLP London W1W 8QT Chi Collins % 020 7436 5151 www.cbglaw.co.uk

Hart Reade Eastbourne BN21 4LW Neisha Taylor % 01323 727321 www.hartreade.co.uk

Payne Marsh Stillwell Solicitors Southampton SO15 2EY Mark Coupe % 023 8072 7173 www.pms-gs

BACI London N3 1QB John D Chart % 020 8349 7680 www.bacisolicitors.co.uk

Comptons London NW1 7AN James Compton % 020 7485 0888 www.comptons.co.uk

Hethertons LLP York YO26 6RS Tom Henry % 01904 528200 www.hethertons.co.uk

Pearlmans Solicitors LLP London NW4 1BX Denise Pearlman 020 8201 6311 www.pearlmans.co.uk

74

Goldsmith Williams Solicitors Liverpool L2 8GW Robert Denman % 0845 373 3737 www.goldsmithwilliams.co.uk Gregsons London SW19 4EX Anne Daniels % 020 8946 1173 www.gregsons.co.uk

Osbornes London NW1 0AE Guy Osborn % 020 7485 8811 www.osbornes.net PainSmith Solicitors Medstead GU34 5PZ David Whitney % 01420 565310 www.painsmith.co.uk Paris Smith LLP Southampton SO15 2AE Peter Gammie % 02380 482256 www.parissmith.co.uk

Preston Redman Bournemouth BH1 2EN Rebecca Kefford % 01202 292424 www.prestonredman.co.uk Quality Solicitors Amphlett Lissimore London SE19 3AF Kate Hawken % 020 8768 6469 www.amphlettlissimore.co.uk Redferns Harrow HA2 7SA Stephen Simmons % 020 8424 7070 www.redfernsolicitors.co.uk Ringley Legal Services LLP London NW1 9QS Lee Harle % 020 7267 2900 www.ringleylegal.co.uk Rodgers & Burton London SW14 8ET David Moore % 020 8939 6300 www.randb.co.uk Rooks Rider Solicitors LLP London EC1R 0RR Lucy Riley % 020 7689 7266 www.rooksrider.co.uk Russell-Cooke LLP London SW15 6AB David Stockley % 020 8394 6515 www.russell-cooke.co.uk SA Law St Albans AL1 1NG Belinda Walkinshaw % 01727 798000 www.salaw.com Saul Marine and Company London NW7 3SA Saul Marine % 020 8959 6090 www.saulmarine.com Seddons London W1H 6NT John Midgley % 020 7725 8086 www.seddons.co.uk Speechly Bircham LLP London EC4A 3LX Jeremy Hudson % 020 7427 6452 www.speechlys.com Stevensons Solicitors Dereham NR20 4HB Glenn Stevenson % 01362 860300 www.stevensonssolicitors.co.uk

Issue 18

MEMBERS DIRECTORY Streathers Solicitors LLP London W1U 3SA Iris-Ann Stapleton % 020 7034 4200 www.streathers.co.uk Streeter Marshall Croydon CR9 2UU Tim Farrington % 020 680 2638 www.streetermarshall.com Summers Solicitors LLP London W1G 8EF John Summers % 020 7224 2024 www.summersolicitors.co.uk Sykes Anderson LLP London EC2M 4YF Chris Sykes % 020 3178 3770 www.sykesanderson.com Thackray Williams Bromley BR1 1RY Andrew Raby % 020 8290 0440 www.thackraywilliams.com Thirsk Winton LLP Woodford Green IG8 0XE Jason Winton % 020 8505 4777 www.thirskwinton.com Thomas Eggar LLP Chichester PO19 1GE Marcelle Turner % 01243 786111 www.thomaseggar.com TJM Law Bromley BR2 6BA Tom Merralls % 020 8662 6090 www.tjmlaw.co.uk Tolhurst Fisher LLP Southend-On-Sea SS1 1EF Robert Plant % 01702 352 511 www.tolhurstfisher.com Trowers & Hamlins LLP London EC1Y 8YZ Leigh Shapiro % 020 7423 8000 www.trowers.com TWM Solicitors Guildford GU1 4RD John Pursley % 01483 752700 www.twmsolicitors.com TWM Solicitors Wimbledon SW19 8NG John Pursley % 020 8946 6454 www.twmsolicitors.com Wallace LLP London WC1B 1PN Samantha Bone % 020 7636 4422 www.wallace.co.uk Whitehead Vizard Salisbury SP1 2PQ Stephen Kenmir % 01722 412141 www.whitehead-vizard.co.uk Williams Thompson Christchurch BH23 1DX Georgina Walters % 01202 484242 www.williamsthompson.co.uk Wilson Barca LLP London N19 3TD David Wilson % 020 7272 2072 www.wilsonbarca.com Winckworth Sherwood LLP London SE1 9BB Mark Vinall % 020 7593 5163 www.wslaw.co.uk Withers LLP London EC4M 7EG Paul Brecknell % 020 7597 6000 www.withersworldwide.com

Issue 18

SURVEYOR / VALUERS ABV Rhoades Chartered Surveyors Manchester M4 4DE John Rhoades % 0161 953 4715 www.abvrhoades.co.uk AML Surveys & Valuation Ltd London NW10 5SG Andrew Lester % 020 8960 7573 www.a-m-l.co.uk Andrew Pridell Associates Ltd Hove BN3 3JA Andrew Pridell % 01273 202620 No website Aston James Associates Chartered Surveyors London SE25 4BL Patrick Oliver % 020 8771 5035 www.ajasurveyors.co.uk Austin Gray Brighton BN1 3JH Stewart Gray % 01273 201980 www.austingray.co.uk Barry Passmore London W1T 2NS Barry Passmore % 020 3178 6481 www.lease-extensions.org Beckett & Kay London W1S 3PL Richard Kay % 020 7439 6667 www.beckettandkay.co.uk Blakes Chartered Surveyors Surbiton KT6 5PP Roshan Sivapalan % 020 8296 1234 www.blakesproperty.com Boston Radford LLP London SW3 2ND Charles Boston % 020 7584 3399 www.bostonradford.com Brasier Freeth LLP Hemel Hempstead HP1 1LF Tim Jones % 01422 263033 www.brasierfreeth.com C A Church Ltd Salisbury SP2 7EE Paul Church % 01722 421234 No website Campsie Windsor SL4 1DH Mark Symonds % 01753 410721 www.campsie.com Capital Leasehold LLP London SW1X 7JF Fraser Maldoom % 020 7112 5169 www.capitalleasehold.co.uk Carter Jonas Cambridge CB2 1NH Mark Hallam % 01233 368771 www.carterjonas.co.uk Cluttons LLP London W1H 6DU Tony Ford % 020 7408 1010 www.cluttons.com CPBigwood Management LLP Birmingham B3 1JJ Stephen Prichard % 0121 233 0500 www.cpbigwood.com David Gillespie Brentwood CM14 5BD David Gillespie % 01277 212521 No website David Graham (Chartered Surveyors) Wembley HA9 9JS David Graham % 0845 812 1954 www.surveyorandvaluer.co.uk

ALEP

Douglas and Gordon London SW3 3QH James Hamand % 020 7591 8746 www.dng.co.uk

Lawrence & Wightman Birmingham B26 1BU Keith Chew % 0121 708 2266 www.lawrencewightman.co.uk

Salter Rex LLP London NW5 2TP Alan Harvey % 020 7267 2071 www.salter-rex.co.uk

Dunsin Surveyors London SW1W 0EN Wilson Dunsin % 020 7233 6762 www.dunsinsurveyors.co.uk

Leasehold Valuers LLP Croydon CR0 1LB Steve Jones % 020 3327 1166 www.leasehold-valuers.com

Savills Commercial Ltd London W1G 0JD Alastair Stimson % 020 7016 3728 www.savills.com

Each Side Leasehold Reigate RH2 0BJ Roger Nelson % 0845 3130 985 www.eslease.com

Lester Harrison & Partners London W1J 8BG Tim Harrison % 020 7629 4383 No website

Scotts Chartered Surveyors London SW15 2DS Peter Scott % 020 8789 1200 www.scotts-surveyors.co.uk

Extend Your Lease London W1W 5DT David Haines % 020 7586 0044 www.extendyourlease.net

Marr-Johnson Stevens LLP London W1J 8BG Tim Martin % 020 7499 3199 www.m-js.co.uk

Shaw & Company (Surveyors) Ltd Richmond TW9 1BP Michael Lee % 020 8948 1122 www.shawandco.co.uk

Fanshawe White London SW3 2QB Angus Fanshawe % 020 7099 8465 www.fanshawewhite.co.uk

Marsh & Parsons London W8 4LF Robert Haigh % 020 7368 4840 www.marshandparsons.co.uk

Sheridan's Surveyors Shefford SG17 5DG Tim Sheridan % 01462 814087 www.sheridans-estates.com

Gerald Eve LLP London W1G 0AY Julian Clark % 020 7333 6361 www.geraldeve.com

Martyn Gerrard Estate Agents London N2 9PN Saul Gerrard % 020 8444 3445 www.martyngerrard.co.uk

Stiles Harold Williams Eastbourne BN21 4QU Mark McFadden % 01323 437900 www.shw.co.uk

Harding Chartered Surveyors London SW6 4UR David Toogood % 020 7736 2383 www.hardingsurveyors.co.uk

McDowalls Surveyors Ltd London E6 3BP Chris Baker % 020 8472 4422 www.mcdowalls.com

Stiles Harold Williams London SW1Y 6HD Laura Murphy % 020 7389 1500 www.shw.co.uk

HNG Ltd London W1G 9DQ Richard Hargreaves % 020 3205 0200 www.hng.co.uk

Michael Roberts Surveyors London SW6 4UR Michael Roberts % 020 7498 7171 www.mrsurveyors.co.uk

Stiles Harold Williams Worthing BN11 1TF Richard Bull % 01903 229200 www.shw.co.uk

Jackson Green & Preston Grimsby DN31 1LE Kevin Broadhurst % 01472 311113 www.jacksongreenpreston.co.uk

Moores Independent Limited Salisbury SP1 1EY Shelley Winder % 01722 580511 www.moores.pro

Sussex Surveyors LLP Hove BN3 3JA David R Aspey % 01273 821969 www.sussexsurveyors.com

Johnson Tucker LLP Newcastle-Upon-Tyne NE15 8NL Andrew Tucker % 0191 269 7890 www.johnsontucker.co.uk

myLeasehold Ltd London W1U 6LU Mark Wilson % 020 7034 3435 www.myleasehold.co.uk

Symington Elvery Ltd London W1K 3AB Andrew Symington % 020 3324 0360 www.symington-elvery.co.uk

JSS Egerton London W1J 5HU James Rangeley % 020 7664 6648 www.jssegerton.com

Nick Plotnek Associates Birmingham B17 9NF Nick Plotnek % 0121 427 2800 www.nickplotnek.co.uk

Tellerman & Co LTD London W2 4BG Charles Tellerman % 020 7792 9950 www.tellerman.co.uk

Julian Wilkins Chartered Surveyors Worthing BN14 0UB Julian Wilkins % 01903 872211 www.jwsurveyors.co.uk

Nigel Carter & Co London SE23 3QH Nigel Carter % 020 8699 5080 www.nigelcarter.co.uk

The Rona Partnership Wickford SS12 9AZ Derek Rona % 01268 764676 www.rona.co.uk

Prickett and Ellis Surveyors London N10 2AH Alison Stone % 020 8442 2491 www.prickettandellissurveyors.com

Thomas M S L'Estrange London E4 9RB Tom L'Estrange % 020 8527 2545 No website

Richard John Clarke Chartered Surveyors London E18 1AY Richard Murphy % 020 8505 2065 www.richardjohnclarke.com

Tibbatts & Co Ltd London SW19 7ND Mike Tibbatts % 020 8947 7040 www.miketibbatts.co.uk

Kinleigh Folkard & Hayward London SW19 7QA Richard Cleminson % 020 8739 2090 www.kfh.co.uk Kirkby and Diamond Chartered Surveyors Luton LU1 3AN Jean Howe % 01582 738866 www.kirkbydiamond.co.uk Kit Hepple Egham TW20 0BY Kit Hepple % 07973 189690 www.kithepple.co.uk Knight Frank London W1U 8AN Riccardo Carrelli % 020 7861 1734 www.knightfrank.com Lamberts Chartered Surveyors London EC1V 1NA Chris Roberts % 020 7520 2306 www.lambertsurv.co.uk Langley Byers Bennett London EC4Y 1DG Justin Bennett % 020 7822 8850 www.lbb.org.uk

Robsons London SW12 9QS David Robson % 020 8402 6666 www.robsonssurveyors.com Robsons London W3 6BH Laurence ET Weill % 020 8402 6666 www.robsonssurveyors.com Robsons Bromley BR2 7HJ Ray Robson % 020 8402 6666 www.robsonssurveyors.com

W A Ellis London SW3 1HP Frances Joyce % 020 7306 1660 www.waellis.co.uk Westburys London SW2 4RP Roger Armstrong % 020 8674 2626 www.westburys.co.uk Willmotts Chartered Surveyors London W6 9EU Simon Hanton % 020 8748 6644 www.willmotts.com

Rumball Sedgwick St Albans AL1 3HG Harriet Fleming % 01727 854516 www.rumballsedgwick.co.uk

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Movers shakers &

Appointments 76 Women in Property 78

ALL THE RIGHT MOVES

NEW COMMISSION

BRAEMAR ESTATES APPOINTED TO MANAGE BEZIER, LONDON

Braemar Estates has been appointed to manage the Bézier development at London's Old Street roundabout.Bézier,developed by Tudorvale,comprises 194 luxury apartments within two towers of 13-15 storeys,located at what is often referred to as 'Silicon roundabout',reflecting the large number of

technology firms in the area.The landmark development is situated in the centre of what is also known as an important London regeneration zone.

access to an on-site sauna,gym,roof garden and 24 hour concierge.It is situated nearby Old Street tube and train stations,with the City just a 10-minute walk away.

The development offers a range of luxurious suites,one and two-bedroom apartments with

For more information go to www.braemar-estates.com

APPOINTMENTS

CP BIGWOOD APPOINTS NEW PARTNER Ian Smallman (below right) has joined CP Bigwood from Mainstay Residential as a partner in charge of property operations and is set to play a major role in the company's ongoing expansion and strategic future plans.

Brett Williams (below left),partner in the residential service charge department,said: “Ian is well known and respected in the sector and this is a very significant appointment for us.He has a wealth of experience and will be a major asset to the business.

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“Ian has specialised in private sector residential service charge management, ground rent collection and portfolio management for over 23 years.He will strengthen the executive team and will be integral to our future progress.”

Ian is actively involved with the Institute of Residential Property Managers (IRPM) and sits on the Qualifications working group.

For more information go to www.cpbigwood.com

Issue 18

Movers & shakers APPOINTMENTS

APPOINTMENTS

LOUISE BERWIN NEW FACE ON ARMA COUNCIL face on ARMA council Flat Living speaks to recently elected Council member JOINS CRABTREE NewMatt Kirk about his hopes and ambitions for the Association of Residential Managing Agents in 2014

“In an industry where there is no barrier to entry, and where the cheapest price often wins, those of us who 'play by the rules' and try to offer a professional service at a fair price can miss out. This needs to change”, says Matt Kirk. One of a new group of ARMA members elected at October's AGM onto the organisation's governing Council, Matt has had a nine-year involvement with the property management organisation which dates from 2005. He has been involved with the Education committee and was joint Chair with Daniel Burkinshaw, of the Newer Entrants Circle created three years ago and aimed at ensuring greater engagement with younger members of the industry. “We were both thrilled to be considered 'young',” he says.

A big advocate of education and training, Matt regards ARMA's role as essential, especially in support of the work done by the Institute of Residential Property Managers, “…which delivers a terrific qualification,” he says.

Crabtree Property Management has announced that Louise Berwin has joined the company as Business Operations Manager for Central London. Louise is an extremely experienced block management professional with more than 25 years industry knowledge.

She has a proven track record in managing property and has helped to build and run other businesses. Crabtree Property Management has moved from its London offices in Rochester Row to Warwick House, 25-27 Buckingham Palace Road, London SW1W 0PP, confirming the company's intention to expand in Central London.

ACQUISITION

EDGERLEY SIMPSON HOWE EXPANDS Edgerley Simpson Howe has strengthened its commercial and residential property management business with the acquisition of the trading of T G Estate Management Ltd. The move sees an expanded team of 17 working from the company's Surrey base and boosts its own management portfolio by a further 57 residential estates. T G Estate Management Ltd, formerly Tyser Greenwood Estate Management, has been acting for a number of Resident's Management Committees and freeholders since 2008. The acquisition includes all three of the business's estate managers. Simon Marshall, partner in charge of Property Management at Edgerley Simpson Howe, said: “The acquisition of TG Estate Management Ltd gives us the ideal platform for the continued long term growth of our residential property management business.

We are keen to continue to expand in this sector and to bring our expertise and professionalism to a wider client base.”

For more on this story go to: http://bit.ly/ESHaquisition

Issue 18

The Council meets four times a year plus the AGM, but there is also regular e-mail correspondence plus ad hoc jobs like Regional Briefings. Matt sees ARMA's role as that of a “central driver” towards acceptance of property managers as professionals, akin to solicitors and surveyors. He believes the ultimate goal for ARMA should be to achieve proper statutory regulation for the industry and that ARMA-Q is the natural first step towards this. “I strongly believe that the key to improving our own company performance, ie

in regard to profitability, is for standards to be raised across the board, thus driving up fees generally to a better level” he says.

He regards his role this year as one of helping to 'sell' the benefits of ARMA-Q accreditation to the wider membership. “By the end of this year, our target should be to have the vast majority of existing members ready for accreditation on 1 January 2015. Our members will ultimately 'own' ARMAQ and so it is up to us to make a success of it,” he says. “Obtaining the accreditation and the 'badge' is a tangible way of us saying to our existing and potential clients that we have proved that is the way we do business,” he says. “Personally I think that is worth the extra cost and effort.”

Aside from ARMA, there are a couple of items on Matt's leasehold wish list for 2014. First, he would like to see greater powers of recourse against negligent developers. “I have seen many instances where our RMC clients have been forced to pay for works that should have been dealt with during the build process. This is unfair. In my view, more stringent Building Control processes are probably the answer to stop things ever getting to that stage”. He would also like to see the FTT take a firmer line on non-payment of service charges.

Matt is a director at Rendall & Rittner and lives and works in Manchester. He joined the company in 2002 as a property manager following a stint in Facilities Management at Railtrack.

APPOINTMENTS

BOODLE HATFIELD STRENGTHENS PROPERTY TEAM

Amanda O’Keefe (left) and Kate Rees-Doherty Law firm Boodle Hatfield has strengthened its Residential Property team with the appointment of Partner Amanda O'Keeffe.

Amanda joined the firm in February from Speechly Bircham where she was a partner in its Private Client Property group. Amanda acts for both UK and international clients advising on an extensive range of landlord and tenant matters as well as the acquisition or disposal of residential and agricultural property. She also works alongside tax and construction

teams providing clients with fully integrated advice.

Boodle Hatfield has also appointed Kate ReesDoherty as an Associate in the Private Client and Tax team. Kate joined the firm's Private Client and Tax team in January as an Associate from Herbert Smith Freehills. She has extensive experience in the UK and offshore advising individuals and trustees on UK and international trusts and estates matters.

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Movers & shakers WOMEN IN PROPERTY

AIMING FOR THE TOP In the first of a series, Flat Living talks to women in senior roles in property management.

Here we meet Mary Anne Bowring, MD of London-based property manager Ringley Chartered Surveyors and a governor of the Institute of Residential Property Management Tell us about your background in the industry My heart is in management – of both people and things.I love the idea of being able to help people either by empowering them with information or by putting together a strategic route map to get them from A to B. If there's a problem to be solved you'll find me in a huddle with a group of people trying to work out what can be done and what to do. I started out in retail management,and did some stints early on in my career managing a plumber's office, so I think 'organising' is just part of what I do.

What attracted you to Property Management?

I started Open University while still working in retail but as the 1989 recession hit,the fun became a chore and I negotiated my way onto the Estate Management degree course instead, enjoying placements at the Valuation Office on the way. I became professionally qualified as a Chartered Surveyor,then a Chartered Building Engineer.

My first property job after graduating was in block management.Just like now,times were tough for young people and many graduates could not get a job or took any job they could find. I recall friends who graduated taxi cabbing,so I considered myself to be privileged because I was working in property and just found it all made sense; you expect contractors to deliver as you can fire them and you keep customers updated as they can fire you.There were simply loads of opportunities to share intelligent thought – I was having fun. I made a few mistakes but I learned fast.It was easier in those days; there was no email and you had more time to think than we do today.

How did you get involved with the IRPM? I joined the Institute of Residential Property Management (IRPM) because I was genuinely upset that property managers have a harder job than the one that I was qualified to do but get so little recognition from the general public. While most of the public know who/what the RICS is,few knew what,if any, qualifications a good property manager should have and there was no real benchmark to distinguish between a professional property manager and one who was not.

I know that a property manager has a harder job to do than many other property professionals,not only as an expert but also as a politician. This is why I have spent the last six years as a governor of the Institute of Residential Property Management.I have been pivotal in pushing forward the 'sign with pride' campaign to persuade more people to use their IRPM letters after their name and finally this year enabling firms with the

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requisite number of members be able to use the IRPM logo on their letterhead. I see these as huge steps to enabling the public to connect the letters after a good property manager's name to an Institute that has truly pushed forward the focus on quality and education in the industry. My committee also pushed really hard to get regular technical updates for IRPM members as there are great property managers out there who work in non-ARMA and nonRICS firms.(as I did when I started out).

Otherwise who would be keeping them up to date?

Mary Anne-Bowring: women are not always taken seriously until they are 30-something

How do you think we can attract more women into more senior roles?

I don't believe that women need help to get into more senior roles; women don't need anything but their own ability to get on in life.

There are plenty of good women out there - all they need to do is to be as assertive as men about promoting themselves. I think it is easier now than it was but this drive for x% of women in the Board room is nonsense.You can't have a quota,it must be based on ability.

What barriers to success have you come across and how did you overcome them?

The key barrier I have found is that until about two or three years ago the Royal Institution of Chartered Surveyors (RICS) seemed to have abandoned any real agenda for the residential sector,although this now seems to have changed.Movements such as Assoc-RICS, largely driven by the IRPM,are a wonderful step towards reality. This simply would not have happened had not the IRPM become such a great industry driving force.In the early days there was a worry that people would transfer

to Assoc-RICS and abandon the IRPM,but I don't think this is so as people tend to collect qualifications.

The only other barrier I think is age.Often the world doesn't really take you seriously until you are 30-something,then all of a sudden you are 40-something and need to speed up your strategy to complete the game plan. This is an easy barrier to overcome - you just have to work hard and gain experience fast.

What advice would you give to other women working property management?

My advice is not to cling to the boundaries of your role - just pick up everything around you that gives you the opportunity to step in where someone else is struggling or there is something that needs to be done. As a woman I think you do have to adopt some male characteristics to get on.If you are dealing with something difficult today,yes do it now, but save the email or letter and proof it in the morning,or get a second opinion - share. On the plus side,women are good at getting on with what needs to be done - and being able to multi-task with ease is great. Drawing on the logical skills from my engineering qualification works well for me; you need to see processes and always work towards the end game. In every issue decide where you need to be,then work backwards to where you are now.Looking at the world this way will help you realise that there are often several ways to get the right result.That way you'll be more forgiving of yourself should something go wrong.More important,you'll be easily able to adapt to recover situations or look for a new path to achieve the outcome you want.

What are your hopes for the future of the profession?

When I started in property management there were hardly any companies doing it well.

There is still a lot of room for improvement, but in the last 10 years I have seen massive improvements and now there are a number of companies really trying to provide their customers with a great service. I genuinely believe that there is an opportunity to change the shape of the industry one leaseholder at a time.All my people at Ringley know that we are on a journey to be a 5-star company by doing just that.

Mary-Anne Bowring, FBEng, FIRPM, MRICS, is MD of: Ringley Limited Chartered Surveyors, Ringley House, 349 Royal College Street, London, NW1 9QS. Tel: 020 7267 2900 www.ringley.co.uk

Issue 18

The mark of property professionalism worldwide