Flat Living Issue 13 by Belinda Thorpe

HigH and dry avoid thosE WintEr WorriEs

Find an expert

introducing alEP

ouTside living

Time for

gEt rEady for sPring

change

mEEt JanEt EntWistlE

T HE M AGAZINE FOR L EASEHOLD A DVICE

On the waterfrOnt at

Cascades in LOndOn dOckLandS

Win

£50

rs Vouche rd of M&S rosswo C r u o r Ente ition compet e 62 See pag

£5

Issue 13, WInter flat-living.co.uk

Block Insurer of the Yea Fulfilling our objective of providing flat owners with a better deal has been achieved by introducing market leading products and tackling difficult issues such as underinsurance, unfair terms and conditions as well as the special needs of heritage buildings, with innovative solutions. Here are a few comments following our latest award recognition.

“We are delighted to be working closely with 1st Sure and Midway to bring exciting that new products to the ﬂats buildings insurance market offer true value and extra protection to ﬂat owners.” David Sweeney Director – Personal & Commercial Insurance Sterling Insurance Group Ltd

“We are delighted to be supporting 1st Sure and Midway who have developed great expertise and understanding in insuring blocks of ﬂats. We look forward to building on our long running partnership with Midway to continue to deliver a range of high value, great quality offerings.” Phil Bayles Broker Distribution and Performance Director Aviva

Thank you Keelie for helping me with my claim. As ever you and all your colleagues were very helpful and knowledgeable.

“1st Sure’s accolade is no mean feat, having been nominated and scrutinised through independent judging, and even survived rigorous benchmarking so they can be deservedly proud of their success.” Nicolas Shulman Publisher – News on the Block

“Becoming the leader in your ﬁeld takes a real dedication to understanding the market and the speciﬁc requirements of your customers. To remain the market leader and to be recognised as such not once but three years in a row is quite outstanding. We are proud to work with and be associated with 1st Sure and wish them every success in the years to come.” Mike Farley ACII FCILA Divisional Director Property Investors and London Market Woodgate & Clark Limited Chartered Loss Adjustors

Midway have been our broker for over 14 years and during this time they have continued to demonstrate their expertise and ability to provide the correct cover. It is only when you face a major loss such as a ﬁre claim that you realise the importance of having a broker such as Midway and understand the beneﬁt of their bespoke wordings and processes. Richard Jenkins Managing Director – Pledream Properties Ltd

Pat – 1st Sure Client

5 Martinbridge Estate, Lincoln Road, Enﬁeld EN1 1SP 1st Sure Ltd is an appointed representative of Midway Insurance Services Ltd who are authorised and regulated by the Financial Services Authority

ar – 3rd Consecutive year “I was delighted to accept the award for the third year and am immensely proud of all my staff and their hard work which has made this possible. It is fantastic that we are able to continue to make a difference and be recognised for such whilst putting the interests of flat owners first. In 2013 we will extend our message and insurance products to continue to help ensure flat owners are treated fairly.” Paul Robertson MD of 1st Sure Ltd and Midway Insurance Services Ltd

From left to right – Paul Robertson MD of 1st Sure and Midway, Anthony Tokatly MD of JJ Homes (category sponsor) and Dominic Holland, host celebrity.

“1st Sure and Midway recognise and act upon the potential for serious consequences of underinsurance in its market leading policy wordings. Barrett Corp and Harrington is proud to supply a bespoke insurance valuation service to 1st Sure and Midway customers.” Martyn Barrett BSc MRICS ACII FCILA FUEDI-ELAE Director Barrett Corp and Harrington Ltd Valuers

“Congratulations to the team at 1st Sure / Midway Insurance Services on winning `Insurer of the Year` for the third consecutive year. The fact that you have been able to retain the award is testament to both the professionalism and innovation that you provide across the whole of your practice. As one of your nominated ﬁrms of Loss Adjusters working in partnership with you, we are proud to be associated with your excellent claims service.” Simon Jones LLB(Hons) ACILA Divisional Director Questgates Chartered Loss Adjusters & Claims Specialists

“Combining the expertise and experience that 1st Sure and Midway have in the ﬂats buildings insurance market with Ecclesiastical’s capability and understanding of the insurance needs of heritage properties has enabled us to jointly provide a market leading insurance product. This provides peace of mind and appropriate insurance protection for ﬂat owners living in properties of a heritage nature.” Paul Glasper FCII Bespoke & Speciality Director Ecclesiastical Insurance Group

“1st Sure won again this year as they have continued to demonstrate innovation in response to their market and raised their game year on year. In addition, they have continued to provide excellent customer service.” Comment from the judges

0845 370 2842

www.1stsure.com

contents 7

Welcome

Lesley Davis introduces this issue’s featured topics and points readers to the re-launched Flat Living website

NEWS 9

We report on the recent High Court decision affecting Section 20 consultations, plus the ARMA conference and other topical issues

OpiNiON Bob Smytherman

What impact will the Equality Act have on the common parts of blocks?

Stephen Gibbs

letters

interview

Taking a case to the LVT is a daunting prospect, or is it? Readers write for lift advice, comment on the clamping ban and check health and safety compliance

Lesley Davis talks to Peverel CEO, Janet Entwistle

lifEStylE 14 16

On the waterfront

We take a look at Cascades, the first private apartment block to be built in London’s Docklands in the 1980s

ARMA 36

ARMA surgery

ARMA Guidance

Outdoor living

Emma Smith suggests that now is the time to start thinking about outdoor projects for this spring and summer

40 21 23 25

ADViCE Maintenance

External redecoration projects take some planning – so start the ball rolling now says Kevin Marshall

Energy

insurance

Ken Warner looks for solutions to the problems faced by RMCs when dealing with energy suppliers

Roger Corp on the importance of risk management

ARMA directory

ARMA member listings

find an agent

Members advertise their services

What’s in a name?

the role of the enfranchisement practitioner

legal

Neil Spurrier explains the protection offered to shorthold tenants by government-backed deposit schemes

Keeping blocks and individual flats fire safe

AlEp

finance

Are your reserve funds safe? We look at the arrangements now in place to safeguard RMC accounts

Bruce Maunder Taylor answers more of your questions

Anna Bailey introduces ALEP and explains how the organisation works on behalf of members and flat owners

Mark Chick explains who does what when it comes to leasehold enfranchisement

AlEp Directory

ALEP member listings

Issue 13, Winter

Flat Living

W inter, iSSUe 13

WIN

£50

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FEATURES 54

e 62 See pag

Preventing emergencies

In this winter issue, Ben Furlong takes a look at flood protection; we provide a guide to avoiding internal leaks; Paul Robertson warns against complacency when it comes to fire risks; and tips for keeping out the cold, safely.

End noTES 60 62

Flat Living

Issue 13, Winter

Company news and appointments The Flat Living crossword

Your chance to win £50 of Marks & Spencer vouchers

W INTER Advertise And subscribe

For advertising enquiries call 0845 257 6374 or visit www.flat-living.co.uk lesley Davis Editor lesleydavis@flat-living.co.uk Warwick Smith Consultant Publisher warwick@flat-living.co.uk Neil Porteous Commercial Director neil@flat-living.co.uk Sue hodnett Subscriptions Administrator suehodnett@flat-living.co.uk circulation enquiries circulation@flat-living.co.uk Shop enquiries shop@flat-living.co.uk Directory enquiries directory@flat-living.co.uk Published by www.flat-living.co.uk Ltd 5 Addisons Way, Lilleshall, Newport TF10 9HH tel 0845 257 6374 fax 0845 257 6319 email info@flat-living.co.uk Although every effort is made to ensure the accuracy of material published in Flat Living Magazine, the publishers cannot accept responsibility for the veracity of claims made by contributors or advertisers. Contributors and advertisers must accept full responsibility for the material they submit for publication in particular for ensuring that they do not infringe copyright, intellectual property rights or trademarks. Copyright for all materials published in Flat Living Magazine remains with the publishers. Any business advice is given for guidance only and readers must consult relevant bodies before acting on any advice given in the magazine. Flat Living Magazine is published independently of any trade or professional body and retains editorial control over all articles that appear in this issue. The Journal for Residents’ Management Companies supported by ARMA

Issue 13 flat-living.co.uk

Stay warm and safe this winter Welcome to the firSt iSSue of Flat Living for 2013 and a very Happy New Year to all our readers. As we were putting this issue together before Christmas, 2012 was officially declared the second wettest year on record and was producing some record flooding, particularly in the south and south east of the country. Dealing with floodwater is something that all home owners dread. It causes a huge amount of damage, not only to fixtures and fittings but also to utility supplies and even to the fabric of the building. Whether or not you live on the ground floor of your block, the threat of flooding is something all flat owners should take seriously. In recent weeks we have seen snow instead of rain and freezing weather can be just as damaging to property as water. Our feature on pages 58 – 63 of this issue looks at some of the problems that flat owners may face during the winter months and offers advice for tackling them. Also in this issue, alongside our regular Advice, Analysis and ARMA pages, as part of our campaign to encourage flat owners to use a specialist whenever they need legal advice we look in detail at the work of the Association of Leasehold Enfranchisement Practitioners, better known as ALEP. The organisation was established five years ago to promote best practice in the sector for the benefit of flat owners and freeholders. ALEP now boasts more than 140 member firms of surveyors, solicitors, intermediaries and managing agents with a proven track record in leasehold enfranchisement and has recently added barristers to its membership. To find out more, and for a list of members in your area, go to pages 46-52 of this issue. The Flat Living team works hard to provide the best possible advice and information to flat owners on all aspects of leasehold life. As part of this commitment we have been further developing the service provided to readers via our website at www.flat-living.co.uk. If you log on to our site, you should quickly spot some big changes that will make the website even more informative and easy to navigate than before. We hope you like what you see and look forward to receiving your feedback. lesley Davis

Editor

To ensure you receive every copy of Flat Living magazine and to receive news updates, please subscribe at www.flat-living.co.uk or call 0845 257 6374

Flat Living

Issue 13, Winter

You can now get Communal TV Solutions for your entire portfolio of flats Finding a cost-effective Communal TV Solution for your blocks has just got easier

Great subsidies available with our Shared Dish

No matter how big your portfolio, our Specialist Installation Team can find the best Communal TV Solution – and install either our Shared Dish or Integrated Reception System (IRS) in all your blocks, at the same time. What’s more, great subsidies are available on our Shared Dish solution.

Your own Account Manager – looking after you from start to finish As soon as you get in touch, you’ll be assigned a personal Account Manager who’ll do a free survey of your block(s) and follow up with a free estimate. They’ll offer expert advice and support throughout the process – so your installation will be as hassle free as possible.

Benefits of a Shared Dish: One dish can supply Sky TV to an entire block Fantastic subsidies available We’ll talk to your residents for you No need for individual minidishes – and we’ll remove any existing dishes as part of the service

Benefits of our IRS: Platform-neutral so residents can choose their TV provider – Sky, Freeview or freesat from BBC/ITV Discreet installation, quality guaranteed by Sky CCTV option for added building security

To learn more about how we can provide the right Communal TV Solution for your blocks, simply get in touch with us today. We’ll get the process started with a free, no-obligation, estimate and free survey.

Don’t miss out – register today

For a free survey and free estimate go to sky.com/managers to register or call 08442 411 678

Believe in better

A survey will take five working days between booking and completion dates. Shared Dish Subsidy: Only available on a Shared Dish system. The value of the subsidy given will depend on how many residents in your block register for a Shared Dish. IRS: The IRS maintenance and warranty will expire on the one year anniversary of the transfer of the title in the equipment to you. If the system is leased, 5, 10 or 15 year options are available depending on the terms of the lease. Sky TV: Sky TV subscription required for Sky digital programming. Packages £21.50 – £55.50 per month (pm). Sky box and set-up costs may apply. Two satellite feeds required for full Sky± functionality. General: Sky±HD box must be connected to a fixed telephone line for 12 months. Minimum Sky TV, Sky±, Sky±HD subscriptions are 12 months. Further terms apply. Sky±HD box prices may vary in flats. Information only applies to residential customers in the UK, Channel Islands and Isle of Man. Lines will be open 9am – 5pm, Monday to Friday. Calls cost 5.1p per minute (plus 13.1p connection fee) for BT customers. Calls from other providers may vary. Information correct as at 25 July 2012.

News Flat Living

Calls for reform 9 ARMA Conference 10 ARMA-Q Award 11 Radon risk 13

w h at ’s h a p p e nin g in t he l e a s e h o l d s ec t o r

LegaL

Section 20 deciSion ‘unworkable’ The High Court judgement in the recent Phillips & Goddard v Francis case has created huge uncertainty among property managers. The decision in this case has overturned accepted legal views on how landlords and their agents should comply with S20 consultation. The judgement seems to suggest that the costs of all qualifying works to a building must be added together and, in any year, if the total costs of those works are to exceed £250 for any one leaseholder, then S20 consultation must be carried out. If not, the landlord will be limited as to the amount he can recover from the leaseholders. According to the Association of Residential Managing Agents

(ARMA) the decision is likely to have adverse consequences for everyone in the sector. “It is difficult to see any workable solution that agents and their landlord clients can follow arising from this decision. The approach suggested ...of looking at all works in any financial year and applying the S20 threshold to that total, leads to severe practical difficulties as well as extra expense for managing agents which would be passed on to leaseholders in service charges.” Property manager Bernie Wales also believes the decision is unworkable. “If the ‘repairs and maintenance’ section, for example, of our budgets results in any one leaseholder paying £250 or more …

then in theory we have a problem,” he says. “For some blocks we can minimise such repairs for the next year, to reduce expenditure to below £250, while we allow the situation to clarify (hopefully). But for some smaller blocks … I’m thinking in particular of a house split into two flats … we would virtually have to stop repairing altogether – and thus be in breach of the terms of lease, thereby shooting ourselves in the foot”. Bernie believes the answer is to be cautious and weigh up each block’s circumstances honestly and openly with the client and leaseholders. “If managers are seen to be consulting informally about what is right to do, this should avoid legal action – but

if legal action commences, at least we’ll be able to hold our heads up and honestly say we’ve done what seemed best in the circumstances – and we were telling everyone what we were doing,” he says. ARMA has met officials at the Department of Communities and Local Government (DCLG) and a legal advisor from the Leasehold Advisory Service (LEASE) and underlined with them that the implications of this judgement are potentially serious and far-reaching. “At this stage the priority is to understand the full implications of the judgement and we will work with these organisations and legal commentators to achieve that,” said a spokesman.

reguLaTion

TribunaL service

new property watchdog from may

callS for reform are getting louder

From May 2013 the Residential Property Tribunal Service is expected to become part of a new first tier Property Chamber. Subject to parliamentary approval, on 1 May 2013, this new body will take over responsibility for the LVTs, rent assessment committees and residential property tribunals that are currently administered by the Residential Property Tribunal Service. The Chamber will also take over the functions of the Agricultural Land Tribunals and the Adjudicator of the Land Registry which will be wound up on 1 May. The regional structures of the RPTS will remain for the present although it will no longer have a statutory basis. The three bodies will become part of the new Chamber, and their heads will become Principal Judges, with the Chamber headed by a new Chamber President. All current judicial office holders (legal and non-legal members) will transfer across to become judges and members of the First-tier Tribunal. Service and administration charges appeals will continue to be made to the Upper Tribunal. The changes apply to England only and have not been made in Wales.

A debate in the House of Lords earlier in January dealing with amendments to the Enterprise and Regulatory Reform (ERR) Bill provided the leasehold sector with the opportunity to lobby government for stronger regulation of the sector. The Federation of Private Residents Associations (FPRA) and Royal Institution of Chartered Surveyors (RICS) are both backing calls for reform tabled by Baroness Hayter. The RICS, with support from the FPRA, has put forward an amendment to the Bill calling for stronger regulation of letting agents. Baroness Gardner of Parkes used the debate to call for regulation of managing agents. The passage of the Bill through Parliament has provided a timely opportunity to strengthen calls for leasehold reform. Life Peeress Baroness Gardner, who regularly raises leasehold issues in the House of Lords, urged leaseholders at the FPRA AGM last autumn to make their MPs aware of their problems. Housing is an “intensely political issue” she told the 250 strong audience.

Flat Living

issue 13, winter

evenT

freenetworking eVentforflatownerS

churesidentsline are hosting a networking event on 7th march 2013 at malmaison in birmingham. the key topics will be the process of leasehold Valuation tribunals, what makes an rmc director nervous? and risk management. midlands based property managing agents, directors of residents’ management companies and developers specialising in blocks of flats are invited to attend. the event runs from 5:30pm to 9:30pm and is complimentary for those that request a space prior to 1st march. to attend simply contact nick cachia at churesidentsline by calling 0800 281235 or email events@churesidentsline.co.uk

News AppointmEnt

Keith hill Appointed As ARMA’s independent RegulAtoR

more than 550 delegates attended the 2012 conference EvEnt

ARMA coMes of Age At sell-out confeRence The Association of Residential Managing Agents (ARMA) seventeenth annual conference was held in October at the Queen Elizabeth 11 conference Centre in London. Sold out in three weeks, the event was attended by more than 550 delegates including property managers, RMC Directors, solicitors and accountants. A varied programme of presentations on the theme of Success in a consumer-focused future was followed by a champagne reception to celebrate ARMA’s twenty-first anniversary. Speakers included a number of well-known leasehold experts including lawyer Justin Bates, LEASE chief

executive Tony Essien, chair of ARMA’s technical committee Martin Perry and past chairman Andrew McKeer. Topics ranged from technical issues such as the right to manage and Section

20 notices to the softer skills needed by property managers such as conflict management and customer communication via social networking. During the conference ARMA chief executive Michelle Banks introduced the proposed framework for the new ARMA-Q self-regulation regime as well as unveiling the organisation’s new logo. Other highlights of the conference included the welcome from new ARMA chairman Ben Jordon, the announcement of Keith Hill’s appointment as ARMA’s new Independent Regulator and the announcement of the winner of the 2012 ARMA-Q Award.

consultAtion

public consultAtion on RegulAtion of MAnAging Agents

Members of the public are being given the opportunity to shape the way that managing agents are regulated. A public consultation has been launched by ARMA on a new self-regulatory regime for its members, known as ARMA-Q. This will set stringent standards of service for managing agents who are members of ARMA, with the aim of significantly improving the lives of people living in managed blocks of flats. ARMA-Q will address issues around corporate conduct of managing agents, how service charge money is dealt with and

transparency over insurance premiums and associated companies. It will also set out clearly what consumers can expect from their managing agent via a new Consumer Charter. Significant changes are also proposed to the way that standards are enforced, with the appointment of an independent regulator and panel to oversee the new scheme. ARMA members will be scrutinised both by industry experts and by representatives of people living in managed blocks – a first for the sector and a welcome

improvement in protection for leaseholders. The Rt Hon Keith Hill, former Minister for Housing & Planning, is the newly-appointed Independent Regulator for ARMA and will oversee the new scheme. Views are being sought by ARMA on its new self-regulation arrangements not only from people living in managed blocks but from all those involved in the leasehold sector. This includes landlords, estate agents, surveyors, solicitors and accountants as well as property managers and flat owners. The deadline for responses was 31 January.

The Rt Hon Keith Hill, Minister for Housing & Planning under Tony Blair and the former MP for Streatham, will lead a new selfregulatory regime for residential managing agents. It will be the first time that managing agents have been subject to independent regulation and marks a welcome improvement in protection for leaseholders. Due to be introduced from May this year, ARMA-Q aims to set high standards of service among ARMA members. This includes commitment to a new Consumer Charter and Standards which are specific to the managing agent sector. Members will be required to follow the best practice and ethics set out in the Standards and will be scrutinised by an independent regulatory panel. The announcement of Keith Hill’s appointment was welcomed by ARMA members at the 2012 Annual Conference where incoming Chairman, Ben Jordan said: “Keith Hill brings a wealth of knowledge about housing and leasehold issues to this important new role. His commitment to improving standards in the sector together with his unquestionable skills and long-standing experience as a policy maker make him the ideal person for the job.” Keith Hill is a long-standing advocate of tighter regulation in the sector and said he was “delighted” to be taking on his new role. “It will be my job as the regulator to be an advocate for the responsible managing agent and a vocal opponent of wrongdoers. I want leaseholders and the public to know that this is an organisation where the majority of members are doing the right thing and that we are determined to crack down on those who bring the industry into disrepute,” he said.

Keith Hill: advocates tighter regulation Issue 13, Winter

Flat Living

News Appointment

North west provides NatioNal chairMaN for arMa

Victoria smith accepts the ArmA-Q Award for Base estates AwArd

Base estates scoops first arMa-Q award

North West property managers Base Estates were awarded the first ARMA-Q Award, which recognises best practice in residential property management, at ARMA’s 2012 annual conference. The award recognises an ARMA member firm which has succeeded in improving the quality of life for people living in managed blocks of flats. The award was independently judged by a consumer-focused panel comprising representatives from the Federation of Private Residents Associates, Leasehold Life and Flat Living magazine. The judging panel found that Base Estates demonstrated “a high degree of professionalism” in managing a block with serious crime problems and numerous health and safety concerns, as

well as correcting many years of mismanagement. This included spending a substantial amount of time helping, educating and communicating with the leaseholders, who appear thrilled with the changes made and the plans prepared for the 18 months ahead. Established in 2004 by brothers Chris and Simon Neill, Base Estates is a residential management company, which has over 3,000 properties in its portfolio. Speaking about the award win, Chris Neil, managing director of Base Estates, commented: “Base Estates was born out of the frustration we experienced when dealing with block management companies. As experienced property owners and service

charge payers ourselves, we have a genuine empathy with leaseholders. We have always been focused on providing our clients with an open and transparent service and this award is recognition that this approach works. We were absolutely thrilled to have been chosen to win this award, especially as it was the only award given out on the night.” Runners-up in the awards were Essex-based PMS Leasehold Management and Amax Estates & Property Management in Gravesend. Both companies impressed the judges but ultimately Base Estates were considered to have made the biggest difference to the lives of the flat owners in the block they entered for the award.

Ben Jordan, Managing Director of Cheshire based property managers Premier Estates, has been appointed as the national chairman of the Association of Residential Managing Agents (ARMA). Speaking to more than 550 delegates at ARMA’s annual conference in central London last autumn, Ben explained how he plans to bring his passion for raising standards of professionalism within the property management industry to his new role: “I am very proud to have been asked to chair our national trade association. From our base in Macclesfield, Premier Estates manages approximately 16,000 flats throughout England and Wales. We pride ourselves on providing the very best standards of service to our customers by ensuring that their homes are managed and maintained to the highest possible standards. I am really excited that my appointment as chairman of ARMA will give me a national platform to drive up standards for all flat owners. I am honoured to be involved in such worthwhile work.” Look out for an interview with Ben in a future issue of Flat Living.

HeAltH & sAfety

fragile roofs – watch your step The Health and Safety Executive estimates that seven people are killed each year after falling through a fragile roof or roof light. To help prevent these tragic accidents, HSE has published a new leaflet titled Fragile roofs – safe

Flat Living

Issue 13, Winter

working practices aimed at building owners and occupiers, construction businesses and workers in the construction refurbishment and building maintenance sectors. The leaflet outlines which surfaces present a particular risk and

what building owner or occupiers should do to reduce the risk of an accident occurring. It also explains what a safe system of work is and gives some examples. For more information, go to the HSE website at: www.hse.gov.uk

new ArmA chairman Ben Jordan takes the stage

Most block managers seem to make hard work of every road they go down Call Rylands today - we’re never out of our depth when it comes to professional & comprehensive property management.

020 7129 1174

Rylands Associates

Your local block managers

Offices located in: LONDON • SOUTHEND • CHELMSFORD • CLACTON

info@rylands-associates.co.uk

www.rylands-associates.co.uk

News Maintenance

Are you reAdy for winter?

Flooding hit many home owners hard at the end of last year, but with winter upon us the key threat now to UK homes is damage caused by freezing weather. New research commissioned by Sainsbury’s Bank reveals that four in 10 homeowners haven’t carried out any checks in preparation for this winter. In response, Sainsbury’s home insurance is urging homeowners to protect their property by carrying out as many basic maintenance checks as they can. In the last two years, Sainsbury’s estimates that 37% of fire prevention

don’t sound fAlse AlArm

Does your block have a fire alarm – and if so does it work properly? If it has a tendency to go off without warning, you and your fellow residents could find yourselves facing a bill from the fire service. The London Fire Brigade has announced its intention to consult on plans to start charging building owners and managers of premises where fire fighters are called out to false alarms from their automatic systems ten times or more in a twelve month period. The Brigade is currently called out to more than 400 such buildings more than ten times each year. Under the new proposals, these incidents could cost building owners at least £290 for each fire engine that attends. As well as being time consuming for fire fighters, false alarms are also costly - in London, it is estimated that false alarms cost the Brigade around £37 million each year. The proposal to charge for repeat false alarms will form part of the Brigade’s London Safety Plan, which sets out how it will work over the next three years. The plan is expected to be subject to public consultation in January 2013. The Brigade said it hopes the new charging scheme, if brought in, will encourage the proper use and management of automatic fire alarm systems to make sure those responsible for them have the right processes in place to reduce the number of false alarms. The Brigade also wants all building owners to introduce arrangements whereby the reason for the fire alarm sounding is investigated before calling 999.

Flat Living

Issue 13, Winter

homeowners have been affected by easily preventable problems that could have been avoided by simple maintenance tasks, such as having their boiler serviced or checking and bleeding radiators. Repairs to your property can be costly. Sainsbury’s research reveals that in the last two years, weatherrelated incidents have cost British homeowners a collective £7.9 billion to repair. The most frequent problems including blocked guttering, leaking roofs and damaged boilers, with the average repair bill being £453.98.

The report also shows that one in 10 of us has suffered from a broken boiler, with the same percentage falling victim to blocked or overflowing gutters. Some 9% have had roof tiles damaged, with 8% suffering leaking roofs. Wind damage to property has affected 6% of Britons and 5% have had a leaking radiator. Frozen pipes have affected 4%, and 2% have had pipes burst in their home. In line with the conditions of most home insurance policies, Sainsbury’s recommends that homeowners should ensure they

maintain good upkeep of their property all year round in order to minimise the risk of damage and avoiding the need to make a claim against their insurance. David Barrett of Sainsbury’s Home Insurance comments, “It’s also worth checking if you have home emergency cover, which comes as standard on our Premier Cover Home Insurance, as this will help you find an approved tradesman in the event of a home emergency, like escaping water or if your heating or electricity fails.”

new HoMes

AwArd-winning ApArtmentsin londonw1

ridgeford properties and manhattan loft corporation have won the global Award for excellence at the 2012 urban land institute Awards held in denver, colorado for their fitzrovia Apartments development in london. the uli global Award for excellence rewards the highest standards of achievement that go beyond good design. many factors including leadership, contribution to the community and environmental protection are taken into account when selecting the winners. striking features at the 70-apartment development include a glazed reception area with double height ceilings opening onto a courtyard with stunning landscaped gardens, providing tranquillity for residents away from the busy london streets. four state-of-the-art penthouse apartments at the development came on to the market late last year.

HealtH & safety

is your block At risk from rAdon? The risks posed by Radon are being routinely ignored by British homeowners, despite more than 2,500 people dying each year as a result of the poisonous and carcinogenic gas, experts have warned. More people are killed by Radon than die on Britain’s roads, yet a report by leading environmental consultants DeltaSimons shows that awareness remains low. Maps showing Radon hotspots are inadequate, legislation falls short and advice from local authorities is out of date, says Delta-Simons Radon expert Jay Fox.

Radon is a naturally occurring, colourless, odourless, radioactive gas found at varying levels in all homes in the UK and across Europe. People living and working at basement level are particularly prone and those exposed to high readings are more likely to get lung cancer, especially if they are smokers as well. Well-insulated new homes can also cause problems because the dangerous gas has no way of escaping. The problem is unlikely to affect flat owners living above ground floor level. However, as Jay Fox points out “that puts an awful lot

of people at risk”.Developers of new commercial and residential premises have an obligation to evaluate for Radon risk and this should be covered under planning requirements. “You can’t see it or smell it but that is no reason for assuming it isn’t there,” says Jay. “People need to get their buildings tested and that is a fairly simple procedure. Solving the problem is straightforward and relatively cheap. For more information about Radon go to the HSE website at www.hse.gov.uk. Contact DeltaSimons on 0870 0400 012.

Lifestyle Flat Living

at h o me w i t h l e a s e h o l d

CasCades

On the

WATERFRONT

Jo Reid & John Peck

The first residents to move into the Cascades apartment block in the late 1980s watched as London’s Docklands changed out of all recognition. Today the block looks as striking as when it was first built

issue 13, winter

Flat Living

Cascades Gardens

14 19

CloCkwise from top right

A striking design by architect CZWG; this flat is currently on the market; 20 floors above Docklands the views are spectacular; Cascades from the Thames

One Of the mOst iconic of London

Docklands’ apartment buildings, Cascades was designed by architect CZWG and completed in 1988 by developer Kentish Homes. It was the first private apartment building to be completed on the Isle of Dogs as the regeneration of this previously run-down part of the capital took shape and the block remains an enduring landmark on the Docklands skyline. Today the Isle of Dogs is a thriving area with some of the world’s leading finance houses located at nearby Canary Wharf - also a major shopping destination and transport hub. The luxury apartment blocks that dot the skyline are now home to thousands of Londoners. With 165 flats over 20 floors, Cascades, together with its sister block Quayside, sits right on the water’s edge, giving residents stunning views across the River Thames to the city of London. The block contains a range of one, two and three bedroom apartments, many featuring balconies looking out across the river. The development has secure parking, a 24-hour concierge service and great leisure facilities including a gym, swimming pool and sauna. The communal gardens also contain tennis courts and a barbeque area. All this adds up to making Cascades consistently popular with buyers and renters but according to Tushar Wadhwani from estate agent Chesterton Humberts this means that flats at Cascades don’t come onto the market very often. “It’s a very popular block,” he confirms, explaining that once people move in, they don’t want to move out again. He puts this down to the fact that “the block is in a fantastic location, is well run and has great facilities”. Of course none of this comes cheap and although the ground rent comes in at a respectable £125 per annum, service charges for a one-bedroom

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Issue 13, Winter

flat currently stand at £4000 per annum. Tushar does emphasise that the communal areas of the block have recently undergone a major facelift with the swimming pool refurbished and plans in the pipeline to expand the gym facilities. So at least residents can see exactly where their money is going and reap the benefits. Isle of Dogs estate agent Alex Neil has recently sold a pair of two-bedroom apartments in Cascades- one for £394,000 and the other for £429,999, confirming Tushar’s comments about the popularity of the block with prospective purchasers. Flats at Cascades sell quickly and command a good price, says Lourdes estate agents which currently has a newly refurbished two double bedroom apartment in the block on

The block is in a fantastic location, is well run and has great facilities its books. The property is located on the fifth floor and commands “a stunning view” from its private balcony across the Canary Wharf skyline. The apartment boasts two bathrooms and a secure allocated car parking space and is on the market with a £429,999 price tag. There seems to be a general consensus that Cascades is a well run block. Property manager Joanna Biles from Rendall & Rittner is pleased to hear that the hard work put into the block by her team is appreciated by residents and is obviously something that they are keen to pass on when trying to sell their homes. Rendall and Rittner has been responsible for property management at Cascades and Quayside since 2006. The company provides a comprehensive service for residents that

includes preparing and handling service charge estimates and accounts, collecting reserve fund contributions and ground rent and managing expenditure within set budgets as well as dealing with day-to-day management issues. Jo and her team manage and support Cascades’ concierge team, dealing with all matters relating to their employment and the service they provide to residents. In addition Rendall and Rittner is responsible for arranging buildings and other insurance policies and dealing with any claims that are made. The management team enters into and manages maintenance contracts for the two blocks (Cascades and Quayside) as well as organising periodic health and safety checks and ensuring that appropriate measures and risk assessments are in place. Jo and her colleagues have a strong working relationship with the resident’s committee, liaising with them on a regular basis, providing them with quarterly management and financial reports and keeping residents updated on any works or other issues relating to the building. To-date the relationship between residents and their property managers has run smoothly, says Jo. The only issues that are sometimes thrown up relate to the building’s location. “Other than the general wear and tear created by the elements as a result of being next to the river there are sometimes issues when groups of revellers or youths collect on the river path,” she explains. Despite its age, when compared to more recently completed blocks, Cascades remains an arresting building with an innovative design. It stands out among the post-modern architecture that characterises the Isle of Dogs and in the last 25 years has become a riverside landmark as well as being popular with residents and locals alike. ●

Lifestyle Gardens

Outdoor Now is the time to plan how you can make the most of your outdoor space, says Emma Smith

UnlESS yoU arE lUcky enough to have a garden flat or a roof terrace, most apartments offer little escape from the indoors. Therefore, to add tangible value to your block of flats or conversion, useable and attractive communal outdoor space is essential. However, before rushing out to dig a Capability Brown-inspired lake and purchase a pretty but, believe me, very noisy peacock, it is worth taking some time to consider what your outdoor space is for and who will use it. For example, a block of retirement flats will have very different requirements to a modern block of apartments aimed at young families. Whoever the space is for, there should be a combination of areas or zones to allow it to be used in different ways depending on the weather, season or activity. Zoning is used for interior design to maximise how an area is used, and the same concept should be adapted for use when planning exterior design and landscaping. Unfortunately, the UK is not blessed with an abundance of clement weather, so sheltered areas are important. The easiest way to create shelter is with a simple pagoda or roofed structure. These can be as plain or elaborate as your taste allows but should be big enough to accommodate a good percentage of the number of occupiers in the block. A solid roof is not entirely necessary as some quick growing climbing plants will

There is now a trend for ‘adult’ tree houses

give adequate cover in a light shower. Integral seating or a number of benches beneath the structure make the area far more useful. If at all possible, a central table, permanently fixed, will allow the area to become an outside eating

The easiest way to create shelter is with a simple pagoda or roofed structure

or entertaining space. Wells Reclamation, www.wellsreclamation.com, based in Somerset, have a fabulous range of garden structures to create your sheltered zone. If budget, design and space allows, there is now a trend for ‘adult’ tree houses and more elaborate garden structures. By using the trees, not only are you freeing up extra space on the ground, but you add spectacular levels of interest at different heights. Blue Forest (www.blueforest.com) specialise in the more top end garden structures. Their new creation, The Eco Perch (pictured), is affordable and sustainable complying with the Caravan & Mobile Home Act. It is a prefabricated structure which can be sited on the ground or in the treetops. It is highly insulated, double glazed and fitted out in a modern contemporary design with LED lighting and A-rated efficient LPD or electric heating. There is a living/dining area, sleeping pod and bathroom. With the correct system in place, it could be ‘rented’ by the tenants when having guests to stay. At a simpler level, individual or double seating throughout your garden is important to enable the occupiers to enjoy the outside but Issue 13, Winter

Flat Living

something to consider. Like anything in the garden these can be as plain or elaborate as desired but always build something as large as possible. As with statues and art, a tiny fountain looks terrible and will always be a source of disappointment or ridicule. However, do consider the safety aspect associated with standing water and provide enough fencing and grates to prevent accidents. If in doubt, talk to your insurer. If your block is aimed at families, then the occupants will be very grateful if a play area is provided. The regulations for the equipment are very strict so do consult an expert before you buy. Wooden play houses with integral slides, tunnels and climbing frames are not only brilliant fun but also look good. Unlike plastic, wood ages nicely and maintains its look for longer. Trampolines are very popular at present, but there is a huge fear of broken bones and bumped heads. A great solution is to have one at ground level suspended over a hole in the garden. The children can walk on and have no fear of bouncing off. If this is not feasible, then at the very least invest in additional safety netting to give parents peace of mind. The final consideration is maintenance. Outside communal areas are either the responsibility of the occupiers or the

If you are opting for a more traditional style, reclamation or salvage yards throughout the country will have something to suit

to maintain some element of privacy. Benches, appropriate garden furniture and stone seating structures add interest and character to the space while giving essential functionality for the occupiers. Local garden centres, or online companies offer many opportunities to purchase the right furniture in the right style. If you are opting for a more traditional style, reclamation and salvage yards throughout the country will have something to suit. www.salvoweb.com will give you a list of reclamation yards in your area. As with any space, inside or out, accessories and decoration will always add individuality. Having a few well-placed statues or stone features will create the right ambience and make the space more homely. Occupiers faced with a steep annual service charge will accept this attention to detail as it can only enhance

Flat Living

Issue 13, Winter

their lifestyle choice. Outside spaces are often used for entertaining friends, family and colleagues and so a little extra extravagance will always be appreciated. When choosing statues, art or exterior installations, go as big as the space and budget will allow. There is nothing worse than a puny statue dwarfed by an expansive garden – it will look cheap and tasteless. Companies like Sculptured Arts Studio, www.marble-sculpture.com, have a range of classic hard carved options available. They range from busts and figurines to urns and garden furniture. These will add a level of classic sophistication to your design. If you are keen to have original features, then Wells Reclamation, has a vast stock of large reclaimed statues in marble, cast iron and stone. If statues or art are not your thing, then perhaps a water feature or fountain is

There is nothing worse than a puny statue dwarfed by an expansive garden management. Both will be over the moon with a stylish, functional and - more important - low maintenance space to look after. If possible make paths with gravel or chippings rather than paving slabs. Slabs will need to be pressure hosed regularly to avoid moss growth and may cause slippery accidents in the winter. However, if paving is your choice, then go for natural stone; riven or tumbled and not honed or polished to give adequate grip in wet or icy weather. Again, Wells Reclamation has one of the largest selections of natural stone flooring at great prices. Choose slow growing grass for lawn areas and evergreen planting to enjoy year-round greenery. In a children’s play area consider Astroturf or similar to prevent broken bones and unnecessary accidents. It is worth considering that when inside, we spend a vast amount of time looking out, and so what we see should be pleasant and appealing. Tenants and owner occupiers of flats with communal outside spaces should expect the same as someone with a private garden. So spending a little extra time and money on the outside, should not only make life for your occupiers or tenants a little more enjoyable, but could also allow you to command slightly higher rents and/or purchase prices in the long term. ● Emma Smith is an interior designer and can be contacted at Emma Smith Interiors Tel 01749 675644 Website www.emmasmithinteriors.com

LBB CHARTERED SURVEYORS LANGLEY BYERS BENNETT

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Enfranchisement Specialists ● Freehold Purchase ● Lease Extensions ● Houses and Flats ● Valuation and Negotiation Advice ● Expert Evidence at Court or Tribunal Chartered Building Surveyors ● Service Charge Disputes ● Repair and Maintenance Advice ● Specifications ● Building Contract Administration

St Bartholomew House, 90-94 Fleet Street London EC4Y 1DG Tel: +44(0)20 7822 8850 Fax: +44(0)20 7822 8851 Email: info@ibb.org.uk Website: www.ibb.org.uk

Advice Flat Living

Maintenance Finance Legal Energy Insurance

21 23 25 26 29

at h o me in y o ur bl o c k

MAINTENANCE

PAINTING bY NUMBERS Kevin mArshAll offers some timely advice on external redecoration

As you Arrive home to your block and look up, are you thinking it could do with freshening up, a lick of paint to the flaky windows and a bit of TLC? If so, you might be in line for the next external redecoration project. In many buildings the lease dictates the frequency of works while in others it may be more arbitrary, stating something along the lines of ‘’ as often as is necessary’’. The generally accepted frequency for most buildings is between five to seven years. In an ideal world, this milestone should be considered by the RMC or property manager in good time, perhaps by inclusion in a PPM/ Capex report (see Flat Living Autumn 2011 issue). If this is the case then the preparations and funds required will be well in hand. If not, all is not lost and there is scope to have works underway next summer - but there is no time to lose!

Timing

Bear in mind the need to comply with legislation. Two statutory notices (Section 20 Notices) each of a month’s duration need to be issued, specifications and tenders need to be arranged and monies may need to be collected. Even with money in the bank and no adverse objections from flat owners, on average it takes around four to five months from pressing ‘GO’ at the start of the process until the men are on site.

FirsT sTeps

The first step is to appoint a firm of surveyors or similar to handle the process. If you don’t have an ongoing relationship with a firm seek proposals and interview companies with a track record of this type of work and especially with experience of leasehold property projects. Proposals should contain initial observations specific to your block and be clear about the fee structure proposed, including what you will and won’t get for your money. References and details of previous projects of a similar nature are always very good barometers. Once appointed, the firm should clarify the brief, prepare some ball park budgets and proceed to draft the Take care in specification for approval the selection in line with some mutually of contractors agreed timescales. invited to bid In tandem, managing

Flat Living

issue 13, Winter

agents need to draw up and send the first consultation notice.

pOinTs TO cOnsider

A large part of the cost of any external project is the scaffolding or similar access. Make sure that the scope of works to be done is comprehensive; there is nothing more frustrating than paying £1500 for scaffolding to fix a £150 leak a year after a major project has been finished. Review maintenance history. If there have been numerous leaks or such like around the building in recent years, make sure the surveyor has the details so they can properly address such underlying issues. Consider phasing the works if the budget

Make sure someone checks the leases to clarify who pays for what

is tight. It is far better to do half a building comprehensively one year and the rest the following instead of trying to get away with a job of limited scope in one hit. This frequently leads to a lacklustre final result when the scaffolding comes down. Make sure someone checks the leases to clarify who pays for what. If balcony surfaces and window units are demised to flat owners, while it is logical to have these attended to under the main project, provisions for obtaining their consent and payments need to be factored-in as the specification is drafted. The time involved will extend the programme, so the tenders need to make allowances for this to be done.

ObTaining bids

Take care in the selection of contractors invited to bid for the works. The final list should be such that all are of comparable size and appropriate to the job in hand. Any previously unknown firms should be vetted carefully by your surveyors. Even those nominated under consultation procedures may be rejected if they cannot demonstrate suitability. Mindful of the often large sums involved, be sure the process is conducted fairly and honestly. Most firms dealing with such matters will invite bids via sealed tenders so check that your project will be done in this way. In our practice, clients are always invited to attend the tender-opening exercise for their own peace of mind. Finally, be realistic on the costs submitted and the surveyor’s observations. From time to time, despite rigorous checks beforehand and as part of tender analysis, a contractor submits a low bid and steadfastly holds the price when short of work. If the job clearly can’t be done for the money concerned - heed the advice of your surveyor. If this situation arises and the bid is accepted, serious problems almost always arise as works progress in terms of quality of work, disputed claims for ‘extra’ costs and in extreme cases - the insolvency of the contractor mid-works. ● Kevin marshall is managing director of Cardoe Martin Tel 020 7563 8900 email Kevin.marshall@cardoemartin.co.uk Website www.cardoemartin.co.uk

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FINANCE

Advice

RESERVE FUNDS SAFe?

Are our

The banking crisis has left many people wary of putting too many of their personal savings in one bank. So what is the situation with reserve funds for blocks of flats?

Can RMCs trust the banks?

If you are a leaseholder in a block of

flats, large or small, as well as paying your service charge on a regular basis, the building up of reserve funds is vital in order to make provision for major maintenance works such as external/internal decorations, roof repairs or a new lift. The external redecoration of a mediumsized residential block with, say, 40 flats may well exceed £200,000. This is not a sum of money that many residents would want to be asked to pay in one instalment and it is considered best practice for blocks to build up reserve funds, which should be held in a trust account in one or other of the high street banks or building societies. Following the 2008 financial crisis, in January 2011 the government increased the amount of money covered by the Financial Services Compensation Scheme (FSCS) from £50,000 to £85,000 for each individual account holder. This also applies to monies held in Residential Management Company (RMC) or agent-managed reserve funds. According to guidance from the FSCS, each of the flats in a block has FSCS protection up to £85K for each and every UK registered bank

Flat Living

Issue 13, Winter

or building society group minus any personal holdings which individual lessees may already have in that bank or building society. Note the word ‘group’ – this is important. For example, the Lloyds Banking Group covers HBOS and Lloyds TSB. However, as HBOS and Lloyds TSB have different firm reference numbers (FRNs) you get protection up to £85K for the ‘banking brand’ HBOS in addition to £85K protection for the ‘banking brand’ Lloyds TSB. In contrast, the Nationwide (which is the umbrella Building Society for the Cheshire, Derbyshire and Dunfermline Building Societies has only one FRN, so the maximum protection over the four societies is limited to £85K. The FSA website gives brand names and FRNs from which one can see the level of FSCS protection. To do this, go to www.fsa. gov.uk. Click on “consumer info”; then click on

The building up of reserve funds is vital in order to make provision for major maintenance works

“compensation”; then on “UK banking brands and FSCS cover”. If, for example, a block has 40 flats, the FSCS protection amounts to £85,000 x 40 = £3.4 million for each and every bank (or building society) group in which the RMC has invested its reserve funds. Clearly, this is the maximum protection for an individual bank/building society group because some flat owners may already have their own personal savings with the same financial organisation. According to the FSCS, in the event of the failure of an FSA authorised bank or building society at which reserve funds or service charge monies are held the landlord, RMC or managing agent should: n write to the residents (and landlord where a managing agent is employed) and tell them that a claim to the FSCS may be possible. Ask whether they wish to make a claim for compensation to the FSCS (assuming they would qualify) n tell the FSCS that it is a service charge client account in accordance with the Landlord and Tenant Act 1987 and provide details (once authorised to do so by the residents in question) of the identities of the claimants and the amounts, reminding those concerned that there is no guarantee as to the success or amount of any claim The FSCS may contact the landlord, managing agent or individual tenants accordingly. It will be important to comply with any requirements of the FSCS to enable eligibility to be established and a claim to be successfully made. Many RMCs will have been opening up new bank accounts whenever their savings in a particular bank group approached £85,000. This is no longer necessary. Instead an RMC can now feel safe in the knowledge that it can concentrate its savings in those banks that offer the highest interest rates. ● Please note Flat Living aims to offer accurate advice to readers. However, before taking financial decisions affecting individual or management company accounts it is important always to seek independent financial advice from a specialist or dedicated leasehold organisation.

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LEGAL

Advice A tenant’s deposit money is protected

SAFE AS HOUSES neil spurrier explains how

deposits paid by anyone living in a flat under an Assured Shorthold Tenancy is protected by the Housing Act 2004

The governmenT conTinues to take a surprisingly laissez-faire attitude towards the way in which flat owner’s money is held by landlords and property managers. This is in stark contrast to the legislation applied to client’s money within the short lettings sector under the Assured Shorthold Tenancy Rules. Since 2007, tenants under Assured

Shorthold Tenancies (which are the bulk of all residential lettings), who are required to pay a deposit, have had the protection of the Housing Act 2004. This Act created the prescribed Tenancy Deposit Schemes. Under the schemes, a tenant’s deposit money is protected from a landlord running off with the money or failing to return it at the end of the tenancy. There are two types of scheme: n Custodial Scheme; and n Insurance Backed Scheme. The first of these requires the money to be paid over to the Government’s named deposit taker and the second allows the landlord’s agent to keep the money in a separate client account provided that the agent has in place approved insurance against non-return. The penalties for landlords who do not comply with the law are draconian. Until recently, a landlord could not get his property back unless and until he had put the deposit into one of these schemes. Second, the landlord would either have to pay the deposit into a Custodial Scheme or, at the Court’s discretion, the tenant was entitled to his deposit back plus, in either case, a mandatory penalty of

Flat Living

Issue 13, Winter

three times the amount of the deposit. Similar sanctions were applicable if the landlord had not, within 14 days of the payment of the deposit, given to the tenant the prescribed information about the tenancy deposit scheme that is being used. Two recent cases detracted from these sanctions: Tiensia v Vision Enterprises Ltd [2012] and Gladehurst Properties v Hashemi [2011]. In Tiensia the court found that a landlord, who failed to pay the deposit into a scheme and was sued for the penalty, could avoid liability if he subsequently paid the deposit into the scheme before the court Hearing. Gladehurst went further and provided that if the tenancy had expired by the time that

The penalties for landlords who do not comply with the law are draconian

the tenant brought his claim there was no liability at all. Gladehurst in particular caused tenants problems since many tenants may not find out that their deposit has not been paid into a scheme until after the end of the tenancy when the tenant has asked for his money back. The Localism Act, which came into force in April 2012, redresses these effects. It is now no longer a defence for a landlord to show that he has complied with the deposit requirements by the time of the court hearing. The original failure to pay the deposit into the Scheme is enough. In addition the fact that a tenancy has expired is no longer a defence to a claim brought by a tenant. The penalties are claimable not only for a failure of the landlord to pay the money into a deposit scheme but also for a failure to supply the tenant with the prescribed information within a time limit - now extended from 14 to 30 days of receipt of the deposit. Note that the receipt of the deposit money is the critical date. So, if a deposit is taken by the letting agent ten days before the tenancy is actually completed and the prescribed information is not given until 21 days after completion of the tenancy agreement, the requirement will not have been met and the landlord is liable. The penalty of three times the deposit has now become a maximum penalty rather than a mandatory amount, although some penalty of at least an amount equal to the amount of the deposit is still mandatory. There is therefore an incentive for a landlord to rectify the position if he has defaulted. ● neil spurrier is a Consultant Solicitor at Aston Rose (West End) Limited, London Tel 020 7629 1533 email neilspurrier@astonrose.co.uk Website www.astonrose.co.uk

Advice ENERGY

SAVE YOUR ENERGY Ever wished you didn’t have to make yet another call to your energy supplier? Energy Renewals may have the solution your block needs

Anyone living in A block of flats is likely to be aware of the problems of energy supply to blocks of flats – and their managing agent or RMC directors will certainly be more intimately familiar with the headaches this can cause. Organisations representing those living and working in the leasehold sector, such as ARMA and the FPRA continue to work hard on improving the relationship between the utility companies and those managing energy supplies for blocks of flats but it is still easy to fall foul of your supplier if you take your eye off the ball. Energy procurement specialists Energy Renewals have made it their business to understand and familiarise themselves with the particular issues managing agents face when dealing with energy suppliers – over estimated bills, not being able to obtain information about a particular supply and incorrect rates of VAT, to name but a few. But one of the more frequent problems now arising is that of security deposits. Even if an RMC has been with a particular supplier for many years and has paid their bills on time, this is no protection from the increasing trend to request security deposits from management companies. The security deposit is the energy suppliers’ safeguard against what they perceive to be high risk customers in RMCs. Despite the supplies to communal areas in blocks of flats being used solely for domestic purposes, the RMCs are treated by the suppliers as commercial entities and as such are subject to the normal credit vetting procedures applied to all commercial customers. Due to their non-trading status, the RMC is likely to have a low or suppressed credit score or will show as a dormant company. This can create all sorts of problems when it comes to renewing contracts and may lead to supplies being on out of contract rates (which can be up to 5 times higher than contracted rates) while the issues are sorted out.

RMC’s are likely to have a low or suppressed credit rating During the last few months Energy Renewals have been working closely with three of the major suppliers to change their perception of RMCs as high risk customers and to overcome the necessity to provide security deposits. This has been achieved to some degree and two of the suppliers are now offering a product to RMCs who meet certain criteria. (This would apply to around 90% of most managing agent’s portfolios.) As a result of these discussions, the two energy providers in question have agreed to offer green tariffs, preferential rates and quarterly/monthly billing for a trial period, to blocks who meet their criteria via Energy Renewals.

One of the more frequent problems now arising is that of security deposits Managing Agents can find themselves spending disproportionate amounts of time dealing with their energy portfolio simply because they do not have the resources or the necessary industry knowledge. Outsourcing can provide a workable alternative. It isn’t always just about price when it comes to renewing energy contracts, so choosing an energy management company that offers ongoing support to managing agents via a key contact can ensure good channels of communication and a solid working relationship. ● For more information about how Energy Renewals can support your portfolio energy management, please contact ken Warner, Senior Energy Consultant on 0844 909 9001 or email info@energyrenewals.co.uk Website www.energyrenewals.co.uk

energy Renewals can offer n Portfolio assessment (collating information from all suppliers including estimated consumption for each meter and contract end dates) n Alignment of contract end dates n Smooth transfer of supply (dealing with objections on transfer) n All accounts set up with correct VAT rate of 5% n Management of any issues on your behalf as they arise n Online access to portfolio via Energy Renewals customer portal n Spreadsheet billing n Bill validation via online portal (15% of invoices contain irregularities) n Group pricing and yearly comparisons on renewal of contract Suppliers can offer (through energy Renewals) n Green Tariffs for chosen sites n Preferential rates n Quarterly/Monthly billing n No security deposits for management companies For more information about our services please contact Energy Renewals Limited via email or go to our website (see contact details below). Energy Renewals operates under a strict code of conduct as we are a fully accredited member of the UIA (Utility intermediary association)

Issue 13, Winter

Flat Living

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Advice

INSURANCE

BOTHER WITH MANAGEMENT? RISK

WHY

Accidents happen in the best run blocks of flats. Here roger Corp offers advice on keeping risks to a minimum

However well run your block and however conscientious your RMC, RTMCo or property manager may be, bad things sometimes happen. The cost of putting things right may be covered by insurance or you may be able to make a claim against another party. However, no amount of money can truly compensate for serious loss, damage injury or even death and there is also the disruption, stress and other hidden costs that can arise from even the smallest of events. In order to try and keep these dangers to a minimum, risk management should be at the top of all our agendas. Unfortunately for many people these words strike a note of fear – risk management sounds suspiciously as if it might involve a consultant, a pile of paperwork and a price tag to match. However, that is not necessarily the case. If you live in a very large apartment block with hundreds of residents, assessing risk may be very complex but, for most of us, risk management is simply about looking at the risks or hazards that may arise in your development and then putting in place sensible measures to control and prevent them. It covers all the processes involved in identifying, assessing and judging risks, assigning ownership, taking actions to mitigate or anticipate them, and monitoring and reviewing progress. Good risk management helps reduce hazards and builds confidence to innovate and improve. It will also help prevent claims against the residential management company and its directors for loss, damage or injury and will enable your block to reach its full potential in terms of saleability and market value. There are all types of hazards and health and safety issues associated with blocks of flats - all of which are a subject in their own right. These include: n Fire, storm, flood, theft, impact, subsidence and other insurable risks n The condition of the building and building maintenance works, including regulatory passenger lift inspections n Working at height

Good risk management helps reduce hazards

Flat Living

Issue 13, Winter

MANAgINg yOUR RISK If you do not already have a risk assessment in place and you live in a large development, talk to your property manager or RMC about commissioning one from a risk consultant.

You may be able to put one together yourselves but it may prove complex if there are a large number of flats or more than one block is involved. If you live in a small block you should be able to produce

Risk management should be at the top of all our agendas n Slips, trips and falls n Water, gas and electrical installations and

portable appliances such as those subject to PAT testing n The use of hazardous substances such as cleaning fluids, pesticides and asbestos containing materials n Diseases and infections which might be caused by rodents; tetanus or even Legionella, which can grow in hot and cold water systems n Waste management n Manual handling of heavy loads n Violence and threatening behaviour n Working alone Those at risk include occupants, employees, contractors, suppliers and other visitors, as well as neighbours and the general public Any risk assessment should be carried out

your own. The process is not complicated and the Health & Safety Executive has a useful guide on its website at www. hse.gov.uk. Just search ‘five steps to risk assessment’ on the home page.

with reference to the lease, which will help to identify who is responsible for what. Many of the actions will fall to the managing agent or RMC but some may fall to the landlord, caretaker and other parties. Apart from the obvious advantages in terms of improving the safety of residents, one of the other plus points of good risk management is that it may have a positive impact on block insurance premiums. While it would be unfair - and probably untrue - to suggest that a proactive approach to risk will have an immediate impact on the price you pay for insurance, what we can say is those that take risk management seriously tend to have fewer accidents and so over time are likely to pay significantly less for their insurance. It should also be remembered that even if you have taken out the most comprehensive insurance policy to cover your building, this should be accompanied by a reinstatement cost assessment for insurance purposes to ensure the property is insured for the correct amount and to obtain the full benefit from the policy. In fact, this should be part of your risk assessment! Time taken now to prevent accidents, loss or damage and also in ensuring that your property is adequately insured will provide confidence and peace of mind for you and your fellow residents that any potential incidents and disruption will be kept to a minimum. Such action will also ensure that if you are unfortunate enough to suffer a loss that is covered by insurance, your insurer will be able to deal with your claim in a more timely and effective manner than if you simply leave these things to chance. ● roger Corp is a Director of Barrett Corp & Harrington Ltd Tel 0844 412 4495 email info@bch.uk.com website www.bch.uk.com

Opinion Flat Living

w h At t hE E x p E r t s t hink

Bob Smytherman Looks at the Equality Act and its impact on common parts of flats

Despite a change of Government,

little progress has been made on implementing Section 36 ‘reasonable adjustments’ to ‘the Leasehold and commonhold premises and common parts’ section of the Equality Act 2010. Before the Act was passed, the Federation of Private Residents’ Associations (FPRA) advised the Office for Disability Issues of our concerns about proposals to legislate for disability-related improvements to common parts of let residential premises. While welcoming the extension of the rights of disabled people, the FPRA has identified a number of potential difficulties associated with introducing this legislation. These include: n conflicting demands from various disabled residents with different disability needs (for example, altering the common parts to facilitate disabled access may make them less safe for those who are blind or visually-impaired); n the need to comply with fire safety and other regulations which apply to common parts; n control matters such as emergency exit routes (Regulatory Reform (Fire Safety) Order 2005); and n the actual practicalities of installing and maintaining any disability-related alteration. With each of these potential difficulties there are also potential liability issues for landlords/ managers and this needs to be recognised, as do the financial impacts. For example, the introduction of apparatus on to stairways may impact on insurance costs for landlords both in terms of occupier’s liability and fire safety risk.

CoStS to the DiSABleD PeRSon It also follows that the disabled person requesting the alteration must be required to meet all reasonable additional costs to which the landlord/manager will be subjected as a result of the alteration. The removal of the alteration and/or any making good to the common parts also needs to be explicitly included in the regulations as being required by the landlord/manager. At present only reasonable maintenance costs are mentioned in addition to the actual cost of the alteration itself. In addition, there could also be insurance costs, consequential additional health and safety costs, cleaning costs, energy costs and so on. Landlords/managers must be able to recover these costs from the leaseholder or the tenant requesting the alteration, so that they do not fall on other leaseholders via their service charge. In any case, recovery of such costs will probably not be allowed in the lease.

owneRShiP oF the AlteRAtion

The Office for Disability Issues states that the landlord and tenant should be able to negotiate whether or not an alteration should be treated as a tenant’s fixture. We are very concerned about this statement and hope that it does not form part of any final proposal in respect of common parts. The landlord/ manager needs total control over the common parts because of all of the obligations and liabilities that exist in respect of those areas imposed either through other legislation or under the lease. Of course, there would be nothing to stop a

FPRA: hoping for extensive consultation with stakeholders

Landlords/ managers must be able to recover these costs from the leaseholder or the tenant requesting the alteration so that they do not fall on other leaseholders via their service charge

landlord/manager offering back the alteration (such as a stair lift) to a tenant who is leaving the property where appropriate or practically possible. The Office for Disability Issues have advised that there is an intention of the Equality and Human Rights Commission to produce a Code of Practice on premises and will issue guidance on section 36 before this is made law. We hope there will be extensive consultation by the Commission on the draft Code and an opportunity for our organisation and others to influence the legislation before it makes it on to the statute book. At this time Section 36 is still being considered for implementation by the Government. Follow the link below to the Government Equalities Office website for further details of the part of the Act which have already come into force, those that are due to come into force and those they are still considering. http://www.equalities.gov.uk/ equality_bill.aspx ● Bob smytherman

Chairman, The Federation of Private Residents Associations Ltd email bob@fpra.org.uk Go to www.fpra.org.uk to find out more about the FPRA and its legal advice service which is free to members.

issue 13, winter

Flat Living

Bob Smytherman Stephen Gibbs Letters Interview

30 31 32 34

Stephen Gibbs

Taking a case to the LVT is a daunting experience, or is it? Recently I have spent a considerable amount of time dealing with the LVT. This is not something I would particularly recommend unless absolutely necessary, as the process can be long drawn out and may be costly. However, the system is very transparent and easy to access and ultimately provides a good service for leaseholders. For those of you who have no experience of the LVT (and long may it remain that way) I thought you may be interested to know a little more. First, how does the LVT system work? The process is straightforward enough and follows a set procedure. n Either you issue an application to the LVT or, if the matter is in the County Court and relates to service charges, the court can transfer the case to the LVT. This is served by the LVT on the respondent and a date will be set for a preliminary hearing n Additional information is requested, if necessary, following the preliminary hearing n A time table of directions will be set following the preliminiary

hearing to allow both parties to set out their cases in detail and provide the evidence on which they intend to rely n You attend the hearing n Evidence is considered by the LVT panel n A decision is made which becomes final if no application for an appeal is made within 21 days of the determination. The LVT has no jurisdiction as to costs or interest, so if the matter has been transferred from the County Court, it will need to go back there for a determination of costs and interest. LVT hearings are informal. You can arrange for a professional to state your case - normally a solicitor - or

Flat Living

Issue 13, Winter

The LVT deals effectively with a wide range of issues from disputes relating to buildings insurance through to lease variations

Taking an LVT decision to court means jumping through another legal hoop

you can do it yourself. The LVT is normally a panel of three people: a legally trained person, a surveyor and a lay person. The process is fair, giving each party a chance to respond. You don’t need to attend the LVT hearing, however it makes sense to be there when your hearing is taking place, especially if you do not have legal representation. The system is very transparent and easy to understand, with guides available for flat owners who think they may need to use the LVT as a final resort when all else fails. There is also a lot of advice and information available on The Leasehold Advisory website http://www.lease-advice.org/ Having said all that, in my view most leaseholders don’t really understand the way the system works. Most of us need a solicitor to provide initial guidance on

understanding our lease and the regulations that surround it, unless the issue in hand is quite simple. The main drawback is that the process can take a long time, especially if one side asks for extra time. Most normal LVT cases send out the written decision and reasons for their findings within six weeks of the hearing date. Sometimes, the LVT will inform you of their decision at the end of the hearing if it has been straight forward. The other problem with the LVT is one of resources – there simply aren’t enough to cope with the demand from leaseholders. Our case took more than a year to get a hearing. Despite these problems, the LVT deals effectively with a wide range of issues from disputes relating to buildings insurance through to lease variations. Of course, there will always be complaints but given the limited resources the service has to call upon, it does a pretty good job. In my opinion, one way to improve on the system as it stands would be to make LVT decisions legally enforceable. At present, for this to be the case, another interim step must be taken – any order made by the LVT can be enforced with the permission of the county court. This means jumping through another legal hoop – and may be a daunting prospect for many flat owners as well as adding additional cost. If you do find you need to use the LVT to help with a dispute in your block, take advice as to whether or not you need representation. Make sure you have all the information, documents and so on that you or your solicitor will need for the hearing and above all, don’t panic. If you really want to do your homework, you can see the latest tribunal decisions on the Leasehold Advisory website to find out how other similar hearings have been determined at www.leaseadvice.org/lvtdecisions/. ● Stephen Gibbs

Tel 0203 102 8526 Email stephen@churesidentsline.co.uk

Opinion LETTERS email info@flat-living.co.uk tel 0845 257 6374 fax 0845 257 6319

Flat Living

If you have a question or would like to share with other readers your ideas or experiences of living in a leasehold block, we want to hear from you. Address your comments or queries to the Flat Living team at info@flat-living.co.uk

Lift advice needed

We are the managing agents for a block of flats in Ealing that has three lifts. It is a 1960s block. None of the lifts have an emergency telephone. Obviously all new lifts are required to have that but is it a legal requirement to install phones to these lifts? The lift company who maintain them are saying it should be done.

Will ticketing work?

Name and address withheld

Matt Lewis of ILS Lift Group replies “The short answer is no it isn’t a legal requirement but as with so many areas of legislation there is a grey area and it is not cut and dried when it comes to potential legal liability. All new lifts installed after 1997 are legally required to comply with the European Lift Directive including the provision of a lift communication system. As these lifts were originally installed in the 1960s they do not fall into this category. For existing lifts the European Standard EN81-80 was introduced in 2003 and covered a 74- point list of recommendations for making older lifts safer. This includes the provision of a lift communication system where reasonably practical (which in most cases it is). This is where it gets more complicated. EN81-80 is not itself a legal statute, only a recommended standard. However where the lift is installed in work premises it then comes under The Health and Safety at Work Act and a piece of legislation called LOLER (The Lifting Operations and Lifting Equipment Regulations) comes into effect. However, with private residential premises the lift is not deemed to be work equipment and therefore does not fall under the HASAW or LOLER. If the leaseholders/ freeholders are collectively liable for the lift but agree not

CLAMPING BAN

I was interested to read Mr Dennis’s comments on the above subject (Flat Living, issue 12, Letters). While I am sympathetic to the problem of “rogue clampers” who have caused real problems in the past, I do not think sufficient attention has been given to areas which need strong parking controls on private property. I chair the board of a block near Lord’s Cricket Ground which is a short distance from Central London. We had employed a reputable company to ticket and/or clamp our forecourt parking area to to have a phone then this is theoretically ok. Nevertheless, there may remain a liability to members of the public (or contractors) who use the lift (unless perhaps a disclaimer is clearly posted). If for example someone was travelling in the lift and it broke down and they suffered a panic attack or maybe worse because they had no means of making an emergency call to the lift company or fire brigade, then theoretically they might sue the leaseholders/freeholders for failing to take adequate steps to protect them in that scenario. We do not know of a case where that has been put to the test but it is a possibility and public liability insurance may not cover it. It may not be sufficient defence to say that the lift user is expected to use their own mobile phone (as there may not be a signal) or the lift alarm button which may be

protect the residents from people who park there to watch a cricket match or go shopping in the West End. We are now using the same company to ticket only as required by law and we hope this will be sufficient to protect the situation. Only time will tell but we hope we don’t have to introduce other measures which will be both costly and disruptive. If we can add weight to the FPRA campaign we would also be happy to help.

inaudible to other occupants of the building.

Health and safety compliance

I am one of six Directors of a management company which is the freeholder of a large Victorian House converted in the 1980s into 10 flats. Although we have an external property management company, we would be grateful if you would clarify the legal requirements as regards current legislation for the following: n Asbestos survey (carried out in 2005) which confirmed the likelihood of asbestos being contained in roof tiles but no evidence in communal areas. We pay the managing agents an annual fee to monitor/ register. As there has been

Susan Kaye, Chair, Addison House Management Company Ltd, London

no change in the property from the original inspection do we need to carry out an annual survey? n Health and Safety Assessment (carried out in 2011) - as we do not employ anyone on site is it necessary for an annual inspection? The only works carried out are with appointed contractors sourced from the agents. n Fire Assessment (carried out in 2011) - although we have a smoke alarm system with notices in place in communal areas advising fire procedures, do we need an annual inspection? I would be grateful for your advice on the above. Name and address withheld

Kevin Boreham, head of health, safety and compliance at Mainstay Residential Ltd replies

These are simple questions but the answers are complex. First the bad news - your asbestos survey carried out in 2005 is possibly no longer suitable and sufficient. There have been a number of changes to the regulations and codes of practice since 2005 so it is probably a good idea to have a new survey completed. The good news is, should the survey identify only low risk Asbestos Containing Materials (ACMs) major works to the property are not required and as the ACM’s do not degrade, then annual surveys are not required. Regular reviews of the survey and monitoring of ACMs is still required; but these can be done by a non-specialist such as your managing agent. Health and safety risk assessments are done to safeguard the safety and wellbeing of those who visit the property (invited or not). If the last assessment identified no high risk concerns then a review can be done by a non-specialist with an eye for detail, who has knowledge of the property and management systems in place. The Regulatory Reform (Fire Safety) Order 2005 states that the fire risk assessment should be reviewed on a regular basis. However, who conducts these reviews and when is the subject of much discussion and differences of opinion among professionals. The timing of the review is not stated and depends on assessment but should be at least annually. With regards to who does this, personally I think a certain amount of pragmatism is required and is allowed under the legislation and associated guidance documents. Large complex premises with complicated life safety systems are best left to a well trained professional; in small simple premises where little changes, it is possible for the review to be done by a non-specialist. On a final note, whether doing it yourself or using a specialist, it is important that records are kept of any reviews, inspections and alterations. Issue 13, Winter

Flat Living

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Opinion INTERVIEW

Taking CARE of business

Why take on the role of chief executive at a property group just rescued from administration? lesley Davis talks to Peverel’s Janet Entwistle to find out The Peverel GrouP’s new chief executive

likes a challenge. Engaging, sharp and business-savvy, Janet Entwistle is in no doubt that she has a huge task ahead of her if she is to restore trust in Peverel among its residents and rebuild the company’s status in the leasehold marketplace, following the Group’s rescue from administration last year. It is no secret that Peverel has had serious problems. A year ago its reputation was badly tarnished as the UK’s largest property management company went into administration. Former owner Vincent Tchenguiz was suspected of financial wrong-doing in connection with the collapse of Icelandic bank Kaupthing, although all charges were later dropped. Some of Peverel’s residents were receiving such a shoddy service from property managers that a Google search quickly revealed complaints and horror stories shared on sites such as Peverel Action and The truth about Peverel. However, nine months ago in March 2012 the Group’s fortunes changed. Peverel was rescued by Chamonix Private Equity LLP and Electra Partners in a £62 million deal that substantially reduced Peverel’s debt and brought it back from the brink of financial disaster. The Group also received a boost with the appointment of its new chief executive in the same month.

Having held a number of senior roles in services businesses including most recently BT Fleet, Janet Entwistle has a strong track record of ‘business transformation’. In plain English, this means bringing customers back on board by improving levels of service, business transparency and communication and simply delivering what is promised. All this is then reflected in the bottom line. “It seemed to me that most of what Peverel was doing was good and there was enormous potential for improvement,” says Janet, adding: “most of the existing service failures didn’t seem insurmountable – upsetting, irritating and frustrating yes, but certainly capable of being solved”. The former corporate lawyer admits she was attracted to her new role at Peverel by the

You can’t expect people to deliver if you don’t communicate what you want and identify a clear direction for the company

PEVEREl aT a glaNcE 1982 Established as a subsidiary of McCarthy & Stone 1993 Peverel Group

formed following MBO

1995 Acquired by

Westminster Health Care & Holiday Retirement Corporation

2000 Became wholly

owned subsidiary of Holiday Retirement Corporation

2007 Acquired by Tchenguiz Family Trust

advised by Consensus Business Group

2008 Peverel becomes

responsible for Sonata Group of companies from Consensus Business Group

2011 Peverel’s holding

company goes into administration following the arrest of Vincent Tchenguiz by the SFO. Operating companies continue to trade as normal while a new owner is sought. Solitaire Property Management brand ceases

to exist as the company is completely assimilated into OM Property Management. This is the culmination of a three-year, £4 million improvement plan to address Solitaire’s serious historical operational and customer service issues

2012 Rescued from

administration with financial backing from Chamonix Private Equity LLP and Electra Partners LLP in a £62 million transaction that involved a substantial reduction in debt

prospect of using her change management skills to good effect: “When I went to see the new owners, their vision for the company appealed to me and so did the challenge of changing the company for the better”, she says. This objective has been pivotal to the first few months in her new role, with Janet making her first task a major fact-finding exercise to determine how the business works on a day-to-day basis and identifying the priorities for change. “My role is largely a strategic one but I also have to look at each part of the business in detail. You can’t expect people to deliver if you don’t communicate what you want and identify a clear direction for the company,” she says. Issue 13, Winter

Flat Living

Facts and FiguRes

4,200 200,000 staff

individual properties managed nationwide 2011 turnover

£74.85

million

Janet Entwistle: confident in her business expertise

So for the first six months at Peverel, Janet worked hands-on with the managers of each aspect of the business to find out exactly where the strengths and weaknesses lie, how communication can be improved and what customers want from their property managers. The new CEO admits that her knowledge of leasehold was initially limited “although that is changing every day”. However, she is quick to explain that when you are running a business, the principle is the same whether you are managing property or selling widgets. “I am very confident in my business expertise but you must have the humility to keep on asking questions,” she says. “If the expertise is there at the workface, get the structure and working practices

Flat Living

Issue 13, Winter

right and you should be able to deliver the right services to customers”. Janet had “no preconceptions” about what she would find when she started to delve a little deeper but has been “pleasantly surprised” by what she has found. “Being in administration is pretty horrible for employees. It is bad for morale and no planning is possible. But despite that there are many very well qualified people at Peverel and many of the work practices are run along the same lines as those in larger organisations. Staff are well trained and their work is monitored and assessed against their job descriptions on a regular basis,” she says. The internal structure may be a good one, but how will Janet build on this to improve the service to customers? When she took on her new role, the CEO was well aware of the bad publicity that Peverel had previously attracted and is determined to rebuild the company’s reputation by bringing its customers back on board. “It was clearly a business that had service and financial issues and there was a level of distrust and speculation fuelled by an information vacuum and lack of communication,” she says. The other aspect of Peverel’s business that has set it up for criticism has been the fact that the Group is divided into a number of different businesses which feed into the property management side of the operation, such as insurance and security systems. This has led to accusations of preferential tendering for ‘in-house’ services and overcharging of customers. According to Janet, this too is an issue of trust. “These problems arise when people don’t trust you to work in their best interests,” she says - it’s all about transparency. “It’s

Restoring trust in any brand takes time

not inappropriate to have those add-on businesses in place but there must be a real choice for residents. Tendering must be fair and seen to be fair. I understand why there are concerns over commissions and I know the history. My answer is that those businesses have to deliver a high quality service at a competitive price in a transparent environment. If we are achieving that, I am quite comfortable with the relationship between our companies”. In response to all these issues, one of Janet’s first tasks has been to produce a customer charter that makes five key promises: n We will give you excellent customer service n We will be open and transparent n We will demonstrate value for money n We will be easy to deal with n We will consult with you The Charter also sets out a number of clear commitments, backed up by specific milestones which will be measured and progress against them reported to customers. The charter demonstrates Janet’s commitment to cultural change within the business and to creating a clear focus on the needs of its customers. However she is well aware that restoring trust in any brand takes time. “I’m realistic,” she says. “When you’re trying to improve a reputation you have a real time lag while you tell people they are getting a better service and – even more important – deliver that service effectively”. Janet is a great believer in not changing anything for change’s sake. “If you’re trying to improve service delivery, you get there more effectively by doing it in a very logical way – you can’t improve anything overnight”. With a strong service background Peverel’s new CEO knows that everything the Group does must be judged through the eyes of the customer: “I have strength in this area, I love working with people and have proved over the years that I am very customer-focused”. Previous successes stand as testament to her words. But can she do the same at Peverel? As the old song goes, the times they are a changing and Janet is confident that, for Peverel residents, they are about to change for the better. ●

ARMA A S K T HE P R O F E S S I O N A L S

ARMA SURGERY BRuCe MAuNdeR TAyLOR,

a chartered surveyor and member of ARMA’s Council, provides answers to readers’ questions

TAcklINg UNSUITAblE TENANTS QUESTION I live in a mansion flat. Our block

has 80 flats with ten separate entrance halls.We collectively own the freehold. A buy-to-let investor owns a few flats in one part of theblock, lets them to unsuitable tenants and our company has been suing him for breach of lease. Just before our case came to Court, he bought another flat so that he now owns 50% of the flats in one part of the block. He served a Notice underthe Leasehold Reform Act claiming to buy the freehold of that part of our block, told us we cannot continue with our case now that his Notice has been served, and when he’s bought out that part of our block he’ll be able to do as he likes. Our solicitor has checked everything, I mean absolutely everything, and tells us this investor is right and we cannot stop him. Is there anything we can do?

ANSWER I am starting to receive a few letters on a similar theme to this. I have not seen any of the documents in this case, your solicitor has, and you have received specific legal advice. Let’s look at it in general. Some buy-to-let investors are a real pain: late payers, unsuitable sub-tenants, unauthorised alterations and so forth. They don’t live there, so as long as they receive their rent, they sometimes do not have the same level of care as you do. You do not like the bad effects of that so you decide to take action. You’re not really sure what action you can take, or what reaction you might provoke. You ask for advice from a professional adviser who earns his living by charging fees: the more advice he gives you, the more fees he charges you. Your rights are investigated, you are advised what you can do and a slow-burning fire is ignited. The buy-to-let investor takes advice, he is told about his rights and what he can do. The fee-earning professional advisers encourage both parties to chuck plenty of combustible material on top of the fire,

Lots of people living in one building often leads to confrontation sparks fly and a small campfire becomes a rampant, out-of-control forest blaze. Someone has to pay to douse the flames and clear up the mess. Sound familiar? Let’s set out some basic, commonsense techniques to put fire

checks in your procedures. Lots of people living in one building will inevitably lead to confrontation of one sort or another at some time. It cannot be avoided. Every board of directors, and their managing agents (when employed), should have

The Association of Residential Managing Agents (ARMA) is a trade association for firms that manage private residential leasehold blocks of flats in England & Wales. ARMA promotes high standards of leasehold management by providing advice, training and guidance to its member firms of managing agents. ARMA also produces guidance materials for leaseholders and Residents Management Companies. With almost 300 firms in membership, ARMA also campaigns for improvements in the legislation governing the leasehold sector. Find ARMA at www.arma.org.uk

Issue 13, Winter

Flat Living

Surgery Guidance Directory Find an agent

If you have a query, email it to .uk info@flat-living.co d an All names addresses are withheld a procedure (written or in their mind) for handling nuisances, neighbourly complaints, alleged breaches of lease, etc. Always the first step is to confirm the facts. You cannot ever make good decisions if you have partial facts, wrong facts or only one person’s side of the story. Do not just check them with the people directly involved, check with neighbours, passers-by, etc. Step two is always to listen and talk to the people involved: be objective, impartial and fair. Those two steps will lead to many confrontations being resolved. When a problem grows to the point where you need outside advice, you want two things: advise us what to do, and advise us what advice would be given to your opponent if you were acting for him. If you are told that your opponent has a hopeless case, perhaps you need to change your adviser. As a general rule, work on the assumption that if you try to harm the interests of a person with a valuable investment to protect, he is going to vigorously defend his investment and that might lead to a full-frontal attack against you. You may win, but recognise that it’s not possible to win every fight you take on and the person with the deepest pockets has a statistical habit of winning more often than he loses. There is evidence emerging that, just as you and your fellow lessees collectively bought your freehold, so investors are acting collectively to manage their investments. When they come under attack from an RMCo for doing what they see as reasonable, they have three choices: (a) argue it out; (b) sell up; (c) acquire a majority and take control. If there is long-term development potential, the investors are more likely to start to acquire a majority in order to take control. We are all familiar with lessees of a block falling into two factions: (i) proper management at reasonable cost; (ii) minimum management at minimum cost. Lessees of blocks of flats at war with themselves are unattractive to owner/ occupiers, so price levels in the market for flats in that block fall. Cheap flats attract buy-to-let investors. You ask me if there is anything you can do. My advice is to stop spending money on fee-earning professional advisers. Instead, spend the money on maintaining the block and its services thereby creating a community which is attractive to purchasers who care (whether they be owner/occupiers or buy-to-let investors).

Flat Living

Issue 13, Winter

36 38 40 42

Information needed QUESTION I live in a flat

below a large balcony belonging to the penthouse flat above mine. For two years I’ve had leaks in several different places, bad enough to need buckets to collect the drips. My ceilings are damaged, my wife has anxiety whenever she switches on the lights in case they blow or give her an electric shock, and it seems no-one can solve the leaks. A year ago, the penthouse owner renewed the balcony surface and the waterproof membrane. The managing agents have had a specialist roof leak firm in, it still leaks. How do we get this sorted?

ANSWER There is a tendency

to assume the obvious (in this case the balcony flat roof), a failure to look for the not so obvious: defective parapet walls, pipes built into the concrete, water per-

It is the landlord’s job to protect your flat colating from elsewhere, all sorts of other possibilities. If a specialist is instructed to report on a roof, that’s probably what he will do. Roofers will quote for a new roof, plumbers will quote to renew the water storage tanks, damp specialists will quote to damp proof the surrounding parapet walls, and someone is bound to say it is only condensation - I kid you not. It might be merely that the rainwater outlet occasionally gets blocked up! So far as you are concerned, it is the landlord’s job to protect your flat from water

penetration. For two years your landlord has failed. You have a few choices: (a) serve Notice under the Pre-Action Protocol for Housing Disrepair Cases requiring them to erect a temporary roof until they’ve sorted it or face legal action; (b) start the process of asking the LVT to appoint a Manager, especially if this problem is typical of other bad management; (c) get a competent surveyor, agree access to the penthouse and all other roof areas so that you can get your own report, serve the report on the landlord and claim costs with damages as appropriate. Do not shout, scream, throw a tantrum, get involved in the blame game, or withhold service charges: it might make you think you’re doing something positive, you are not. The defect must be properly identified, and then it will be resolved.

Battling Big Brother

that they feel they have to provoke what ought to be an unnecessary lessees. Our Board of Directors is LVT application or go on dominated by one person. A few years service charge strike. ago she was really great at getting An LVT Order is a If matters are so bad things done but, if one of the other Directors disagreed, it was her way or desperate last resort that even those sorts of tactics do not work, an no way. It’s now her and two poodles, application can be made for the appointment we only ever get the basic statutory of a Manager by Order of the LVT for a short consultation, we haven’t had an AGM period, say two years, while the company sorts for two years, and if anyone challenges out its problems and reconstitutes its Boards of her, the managing agent contacts the Directors, or, when a company has been struck complainant for an appointment to off the Register and no longer exists, while inspect their flat to see if there is any the lessees get the company reconstituted or disrepair, unauthorised alterations and replaced. who is living there. It’s now like living in a An LVT Order is a desperate, last resort Big Brother society. What can we do? process, but there are a few cases in which it has happened, and a few others where it has ANSWER It is very disappointing when a group been threatened in order to break down an of lessees find that the dialogue which ought to otherwise impenetrable dialogue barrier. ● exist between Directors and lessees is so absent

QUESTION Our block is owned by the

ArmA guiDanCe

The most common cause of fires is an electrical fault

FIRE SAFETY advisory noTe

ARMA’s advisory note for flat owners looks at fire safety both in individual flats and the common parts of blocks

This advisory noTe explains some general guidance about fire safety that applies to all blocks of flats. Your landlord or agent should have issued you with the correct advice which is applicable to your own block either in the form of a leaflet or as a fire safety notice posted in the common parts. Most fires in blocks of flats start in one of the flats. The most common cause is electrical fault, for example from overloaded sockets. Fires may also be caused by cigarettes that have not been put out properly; those smoked by someone leaning out of a window and throwing the butt away may end up falling through the open window of a neighbour’s flat. Chip and frying pan fires are caused when someone forgets to turn off the gas and fragranced candles are popular but do make sure they are properly extinguished.

Preventing fires in your flat

The best protection from fire is prevention. Your landlord and managing agent have a Issue 13, Winter

Flat Living

duty to take steps to prevent fires in common parts but you can ensure your home is as safe as possible too. ARMA recommends paying attention to the following points: n Have you got smoke detectors? These are the most effective way of giving vital early warning and extra time to escape. n Install smoke detectors and test them weekly. n Change the battery every year or when you need to (unless it is a ten year alarm). n Are the doors in your flat in good condition and do they shut properly? Never remove them or wedge them open. n If you are planning alterations to doors and the internal layout of your flat, do think about the implications for fire safety. Contact your landlord or agent first.

Do not put in a cat flap without first considering fire safety

Front doors

Your front door is a vital part of the fire safety of the block, not just for you but also your neighbours. It prevents fire spreading to the common parts - the escape route for the block. Do not alter it without taking advice on the implications for fire safety and seeking permission from your landlord or agent. Do not change the letter box or add cat flaps without considering the question of fire safety. Your front door should have a self closing device fitted to it to meet relevant fire safety guidance for flats.

Common parts

Your landlord or agent has a legal duty to arrange for a fire risk assessment to be carried out for the common parts and for it to be kept under review. But there are things you can do to help in addition to fire safety within your flat. n Do not block the common parts, the escape route for the block. n Do not clutter the stairs, corridors and landings with goods or anything that can set fire easily. n Do not store prams, bicycles or mobility scooters in common parts without the permission of the landlord or agent. Permission will be denied if the fire safety of the block is put at risk. n If you see things in common parts that do not belong there, move them or report them to the landlord or agent. n Do not leave rubbish in the refuse store that

disClaimer Whilst every effort has been made to ensure the accuracy of the information contained in this Lessee Advisory Note, it must be emphasised that because the Association has no control over the precise circumstances in which it will be used, the Association, its officers, employees and members can accept no liability arising out of its use, whether by members of the Association or otherwise. The Lessee Advisory Note is of a general nature only and makes no attempt to state or conform to legal requirements; compliance with these must be the individual user’s own responsibility and therefore it may be appropriate to seek independent advice.

Flat Living

Issue 13, Winter

is not put away in bins. Loose material is easily used to set fire to the common parts of blocks.

some prinCiples oF Fire saFety in bloCks

There are many misunderstandings about the fire safety of flats. Most purpose built flats and modern conversions are designed with certain principles in mind as follows. n There is a high degree of compartmentation between each flat and between flats and the common parts. n Each flat is a fire resisting box. n There is a low probability of fire spread beyond the flat of origin. n There is a low fire risk in common areas.

your front door is a vital part of the fire safety of the block If these design principles are in place then the following fire safety principles will apply, subject of course to the risk assessment of each block. n A ‘stay put’ policy will apply. This means that unless the fire breaks out in your flat, it is safest to stay in your flat unless you are asked to leave by the fire brigade. n There is no need for simultaneous evacuation or for fire drills. n Residents in the flat of fire origin should evacuate and call the fire service - other residents are safe to stay in their flats. n There is no need for fire alarms in common areas or linked into flats. n There is no need for fire extinguishers in common parts except for plant and service rooms.

n Emergency lighting is generally required in

common parts stairs and corridors, plant and service rooms.

Fire risk assessments oF Common parts

It has been a legal requirement for all blocks of flats (including houses converted into two flats) to have a fire risk assessment since 2006. This is an assessment of the common parts only but must include the front doors of flats, whoever owns them. The responsibility to arrange for the risk assessment lies with the landlord, which may also be a Residents Management Company or Right to Manage Company. Arising from the fire risk assessment, a fire action plan should be produced for that block that states the necessary fire safety arrangements and includes any steps that should be taken to improve fire safety in the block. In addition your landlord or agent should communicate to all residents what the fire safety arrangements are for the block. In the simplest of blocks a standard fire safety notice affixed in the common parts can suffice but otherwise a bespoke document may be needed which is copied to all residents. If you are not sure of the fire safety plan for your block contact your landlord, resident management company or agent.

Further inFormation

The current national guidance on fire safety titled ‘Fire Safety in Purpose-Built Blocks of Flats’ is free to download from the publications page of ARMA’s website at www.arma.org.uk/ public/h/downloadable_publications ●

Association of Residential Managing Agents Limited (ARMA) 178 Battersea Park Road, London SW11 4ND Tel 0207 978 2607 Fax 0207 498 6153 Email info@arma.org.uk Website www.arma.org.uk

ArmA MANAGING AGENTS DIRECTORY Greater London

Abbott Management Ltd  020 7495 5085 Adelaide Jones  020 7725 5800 Alliance Managing Agents Ltd  020 3328 1950 Arkleygate  020 8731 4577 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 Capital Property Management Limited  020 7328 4001 Carringtons  020 8960 0001 Castlebar Management Ltd  020 7927 0614 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 8444 9914 Cluttons LLP  020 7647 7196 Colin Bibra Estate Agents Limited  020 3301 7803 Colin Cohen Property Management  020 8959 6870 Crabtree PM Limited  020 8371 7070 Crabtree Property Management LLP  020 8371 7070 Craig Sheehan  0800 488 0125 Dauntons Soar Management Limited  020 7834 1032 Defries & Associates Ltd  020 8202 0759 Dillons  020 7561 5230 Douglas & Gordon  020 7963 4650 Drivers & Norris  020 7607 5001

E A Shaw Chartered Surveyors  020 7240 2255 ERA Property Services Ltd  020 7837 6186 Esskay Management Services  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 Hallmark Property Management Ltd  01992 761 419 Harrods Estates Asset Management  020 3626 7565 HML Hathaways Ltd  020 8492 1111 HML Hawksworth Ltd  020 7802 0000 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 Investment Solutions  020 8286 9285 Islington Properties Limited  020 7812 0480 Jane Thorne Residential  020 8441 7711 JJ Homes (Properties) Ltd  020 8296 0181 Kensington Flats  020 7589 6699 Kevin Usher & Associates  0207 515 0009 Kinleigh Folkard & Hayward  020 8739 2147 Knight Frank LLP  020 7861 1140 Lamberts Chartered Surveyors  020 7278 8191 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 Management Exclusive LLP  020 7231 3545 Martyn Gerrard  020 8343 4340 May & Co Management Ltd  020 7376 3726 Michael Laurie Magar Ltd  020 8492 9850 Moonstone Management  0844 870 1576 My Home Surveyor  020 7183 9020 Northleach Property Management Ltd  020 8315 0050 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 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 Salter Rex  020 7267 2071 Sears Morgan Property Management Ltd  0844 257 2222 Sinclairs Block Management  020 7221 4935

Smith Waters LLP  020 7839 3950 St Anselm Property Management Ltd  020 7495 3599 Stiles Harold Williams  020 7389 1501 Stonedale Property Management  020 3117 2600 Sutton Heights Management Services Ltd  020 7585 2202 TMS South Ltd  0844 800 7931 Urang Property Management Limited  020 7751 8355 Vision PEM & Vision RTM  0845 456 8775 Woollens of Wimbledon Ltd  020 8542 9551 Y & Y Management Ltd  0208 211 1550

SoutheaSt

Acorn Estate Management  020 8315 5533 Allsop Residential Investment Management Ltd  01273 322037 Amax Estates and Property Services Ltd  01474 564444 Arko Property Management Limited  01424 439786 Atlantis Estates Ltd  0800 955 7001 Ayling & Strudwick  01444 415222 Bartholomews  020 8546 9441 BBM - Burkinshaw Block Management  01892 501100 Belgarum Property & Management Ltd  0845 330 0727 Blake Property Management Ltd  01296 614882 Bourne Estates Ltd  01202 784280 Bridgeford & Co  01590 677725 Broadleaf Management Services Limited  01425 403 767 Burns Property Management  01202 391663 Campsie Property Consultants  01753 410705 Canbury Management Ltd  01784 466501 Castleford (Poole) Ltd  01202 682299 CastleKeyes  01420 566860 Caxtons Commercial Ltd  01474 537733

Cleaver Property Management Ltd  0844 499 3411 Clifford Dann LLP  01273 477 022 Concept Property Management Ltd  020 8916 2468 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  01932 254090 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 Hazlett Cox  020 8891 1601 Heritage Management Limited  01737 850260 HML Andertons Ltd  0845 177 8800 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  0127 3328 556 JH Property Management Limited  01795 599 010

Issue 13, Winter

Flat Living

MANAGING AGENTS DIRECTORY John Mortimer Property Management Ltd  01344 823650 Jordan & Cook Ltd  01903 820740 Kent Gateway Block Management  01634 814867 Leasehold Management Limited  01903 238909 Minster Property Management Limited  01202 883360 / 01202 842812 MSMS  01202 508190 Omnicroft Ltd  01634 362097 Owens & Porter Limited  01202 522012 Oyster Estates  01243 586939 Parsons Son & Basley  01273 326171 Peter Overill Associates  01273 820202 Pinnacle Property Management Ltd  01189 320180 PJJS Management Services Limited  01622 861 533 Prior Estates Limited  020 8676 3020 Priors  01273 737586 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 Stride & Son  01243 813760 Sweetings Property Management Limited  020 8941 7799

EastErn

Amber Management  0845 2713300 Banner Property Services Ltd  01628 522888 Boydens  01206 762244 Broadlands Estate Management LLP  01908 555 888 Bush Property Management Ltd  01603 614004 Carringtons Residential Management Ltd  01279 408740 Consort Property Management  08451 947044

Flat Living

Issue 13, Winter

Countrywide Estate Management  01329 285 858 Covenant Management  01993 847 601 CS2 Residential Management LLP  019 0850 7197 DJC Property Management Limited  0870481 0110 Encore Estate Management Limited  01223 866 980 Francis Butson & Associates  01480 226740 Gem Estate Management Limited  01462 480 481 Hillcrest Estate Management Ltd  01277 356231 Homes & Watson Partnership Ltd  01277 355200 Hurford Salvi Carr Property Management  01992 500040 Jakes Property Services Ltd  01277 651432 Lucy Block Management Limited  01865 559973 Marlborough House Management  0845 450 6022 Maunder Taylor  01707 871710 MCS  01920 466500 Norwich Residential Management Ltd  01603 670 050 OM Property Management  01582 393700 Peerless Properties (Oxford) Limited  01869 331198 PMS Leasehold Management Ltd  01206 835350 Qualitas Residential  01923 211331 Qube Property Management  0871 200 1992 Red Brick Management Ltd  01438 303 333 Residential Management Group Ltd  0845 002 4444 Rounce & Evans Property Management Ltd  01485 544740 Rumball Sedgwick  01727 854516 Sheridan’s  01462 814087 Sorrell  01702 342225 St Andrews Bureau Ltd  01223 352170 Touchstone  01908 633918

Trinity Estates

 01442 437655

southwEst

Andrews Letting & Management  0117 929 4400 APA Management & Lettings Ltd  01803 214861 Asset Property Management  01202 526 711 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 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 Napier Management Services Limited  01202 314511 Peter Haddon Property Management Services  01752 256600 Rebbeck Brothers  01202 780 780 The Flat Managers Ltd  01242 210 908 TMS South West Limited  0844 800 7931 Tuffin & Co Property Management Ltd  01752 254 222 West of England Estate Mgmt Co Ltd  01225 485910

Midlands

Bennett Clarke & James  0121 308 6461 Centrick Property Management  0845 6800 981

Cottons  0121 247 2030 CPBigwood  0121 233 0500 D & B Property Management Company Ltd  0115 979 2794 Exclusive Property Management Ltd  0845 2777 007 Fresh Property Management Ltd  020 3651 6000 GBR Phoenix Beard  0121 200 4500 Hadrian Property Management Company Limited  01543 410922 HLM  01743 271 432 KT Management Co (UK) Ltd  01384 573 637 Lambert Smith Hampton  0121 236 2066 Lloyd Property Management  01509 503600 Mainstay Residential Ltd  01905 357777 Metro PM  0121 428 4747 Nock Deighton  01746 766998 Orchard Block Management Services Ltd  01604 620 422 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

northEast

Adair Paxton LLP  0113 205 4190 Appletons  01642 675 555 Avoca Estate Management Ltd  0191 212 5030 Eddisons Residential Ltd  0113 243 0101 Goldsborough Estates  0800 731 6237 GVA Grimley  0113 280 8018 Inspired Property Management LLP  01302 729 500 Omnia Estates Ltd  0114 2792840 Premier Property Management & Maintenance Co. Ltd  01226 770088 RBM  01422 331100

ArmA Town & City Management Limited  01325 389689 Watson Property Management  0845 458 1228

northwEst

Base Estate Management Ltd  0843 2160 333 Braemar Estates (Residential) Limited  0161 929 2300 Casserly Property Management  0161 787 6197 (dd) Homestead Consultancy Services Ltd  01253 640040 Livingcity Asset Management Ltd  0161 274 1400 Manchester Residential Management Ltd  0161 707 4873 P R Gibbs & Co Ltd  01942 844100 Portland Block Management Ltd  0161 799 6288 Premier Estates Limited  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 The Guthrie Partnership  01565 755390 Thomson & Moulton  0151 482 2567 Urbanbubble Limited  0161 236 3344 West Kirby Property Management Limited  0151 625 3344 Zenith Management (NW) Limited  0161 834 3932

walEs

Birt & Co  01834 842 204 Compton Property Management Ltd  01792 315457 Seel & Co Ltd  02920 370100 Western Permanent Property  029 2023 5151 For more information on arMa members please visit www.arma.org.uk

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GORdON & CO Tel 020 7724 4477 Website gcmanagingagents.co.uk Email management@gcmanagingagents.co.uk

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ALEP

P r o m o t in g l e a s e h o l d e x P e r t i s e

INTRODUCTION

What’s in a Welcome to FLAT LIVING’s new ALEP pages. In each issue we will be dedicating a section of the magazine to the Association of Leasehold Enfranchisement Practitioners, giving them an opportunity to keep flat owners informed about important enfranchisement issues and publishing a listing of ALEP members who can be contacted for advice. On the following page, we introduce the organisation and its members and meet Director Anna Bailey

NAME ?

ALEP (the Association of Leasehold Enfranchisement Practitioners) is a not-for-profit association that brings together solicitors, surveyors, barristers, enfranchisement intermediaries and managing agents working in the residential leasehold sector. ALEP promotes best practice by vetting members to ensure they have significant expertise in leasehold enfranchisement. Membership of ALEP acts as a badge of assurance so that flat owners and freeholders can be confident that they are employing professionals with the right level of experience in handling potentially complex transactions. ALEP was created in 2007 by the brother and sister team of Alex Greenslade and Anna Bailey, with support from Peter Haler, then Chief Executive of LEASE. Greenslade and Bailey, who are also co-directors of enfranchisement intermediary firm Leasehold Solutions, recognised that owners of leasehold properties were often lacking reassurance that the professionals they were dealing with were reputable. Freeholders also require such reassurance from their advisers. They spotted an opportunity for an organisation to promote best practice in the sector for the benefit of flat owners and freeholders, and also to provide vital networking opportunities for those working in the leasehold enfranchisement sector.

Anna Bailey: helping bring together leasehold enfranchisement specialists issue 13, Winter

Flat Living

introduction 46 enfranchisement 48 Directory 50

A lAsting legAcy n Jargtoer s Bu

Alex Greenslade: committed to professional excellence

hoLd LEAsE nt Leasehold E m E nchis process EnfrA ement is the n a his enfranc y flat owners c whereb ir lease or buy the extend hold to their the free ty within proper idelines gu certain shed in establi hold lease . law

ALEP’s 150-plus members are firms of surveyors, solicitors, intermediaries and managing agents with a proven track record in leasehold enfranchisement. ALEP has also recently introduced membership for barristers and is keen to attract more to its membership during 2013. Members benefit from enquiries from flat owners via the ALEP website and are offered significant cost reductions for the two conferences held every year. ALEP also hosts a range of more informal networking events, such as the increasingly popular seasonal drinks reception in early December, an annual golf day in Autumn and other ad hoc events such as the Fifth Anniversary Dinner held in February and a very enjoyable race day at Kempton Park in 2011. In order to become ALEP members, firms must commit to superior professional standards, integrity, quality customer service and a high level of market knowledge. They have to prove that they have reached an agreed standard of competence by submitting details of their experience in enfranchisement matters such as lease extensions for individual clients and freehold acquisitions for whole blocks. They are also asked to provide details of two referees (one a client and one a professional working in the sector) and both are contacted to verify the prospective member’s claims. The Executive Committee ratifies applications on a monthly basis. ALEP takes the issue of expertise very

Flat Living

Issue 13, Winter

seriously; on renewal firms are expected to declare that they have completed a sufficient level of work in this field (i.e. that the main person doing this sort of work has not left) and to provide a copy of their current professional indemnity insurance certificate. If an applicant does not yet have the requisite level of experience and is unable to join, they are encouraged to attend our events, which are all open to non-members and to re-apply once they have gained sufficient expertise in this field. Once organisations join ALEP, they can use the ALEP branding on their own marketing material such as brochures, company website, etc. and they are listed on the ALEP website so that they can receive enquiries in their local area. Membership of ALEP acts as a badge of assurance, so that flat owners and freeholders can be confident that they are employing

Flat owners and freeholders can be confident that they are employing professionals with the right level of expertise

professionals with the right level of experience in handling potentially complex transactions. They can be confident that any member of ALEP will be experienced and competent in matters related to leasehold enfranchisement; in particular lease extensions and freehold acquisitions. Anna Bailey is very excited about the growth and success of the organisation: “Having started with a core membership of around 20 members back in 2007, we have grown the organisation to more than 150 member firms. Many practitioners who previously only spoke to their peers over the telephone whilst negotiating complex transactions now meet on a regular basis at our conferences and other more informal events. Members were somewhat reticent in the early days of ALEP to share knowledge and personal experiences – and difficulties they had encountered – but are now far more willing to share such information, with active debate now commonplace in ALEP.” ALEP also plays a vital role in informing the public about leasehold matters and is a regular exhibitor at the Landlord & Letting Show, where members speak directly to the public with a view to demystifying the issues surrounding leasehold properties, which can often be very sound investments. ● For further information about ALEP, telephone 0845 225 2277 or visit www.alep.org.uk Find ALEP on Twitter at: twitter.com/alepofficial

ALEP ENFRANCHISEMENT

ROLE

The of the enfranchisement practitioner Mark chick gives an insight into leasehold enfranchisement and

explains why the right advisor is key to a successful outcome

The key To any successful

enfranchisement or lease extension is choosing the right advisor. It is important to get advice from a professional with a proven track record of acting in this area. Whether you are extending your lease, or buying your freehold there are a number of pitfalls and traps for the unwary and using an experienced practitioner can ultimately save you time and money.

WHEN SHould you ENgAgE A pRoFESSIoNAl?

Ideally, you should take advice as soon as you are seriously considering buying your freehold or extending your lease. Most advisors will talk to you initially about the process and provide some kind of guidance before you commit to the next step. Often this is for a fixed or nominal charge.

HoW do you CHooSE THE RIgHT AdvISoR?

lIAISoN IS THE kEy

One of the keys to a successful transaction is to make sure that the solicitor and valuer have a good working relationship. Assuming that they have worked together before, they should have no problem in recommending each others’ services. Similarly, if they have worked together before and it becomes necessary to go to the Leasehold Valuation Tribunal (the LVT), they are likely to work better as a team. The next question you may want to ask is whether they have any experience of your particular block. While not essential, choosing a firm with experience can pay dividends as they will be able to predict with some accuracy the likely pace of the transaction and, if your landlord is difficult, they may be familiar with their tactics and be well placed to use their experience to protect your interests.

vAluATIoN

step 1 step 2 step 3 step 4

step 5 step 6

step 7

FIgHT FIRE WITH FIRE

If you are dealing with a Central London property on one of the larger Central London www.bishopandsewell.co.uk/ landed estates, such The most important facproperty/leasehold-reform/ as the Grosvenor, Cadogan, Wellcome tor is to make sure that Trust, or Church Commissioners, it makes the surveyor or solicitor that you employ has sense to use a practitioner who is familiar experience of lease extensions and/or freehold with these types of titles and who deals with purchases (so called ‘leasehold reform’ transacthe landlords’ advisors in these areas on a tions). A good way of checking out an advisor regular basis. is to see whether they are members of ALEP There are also certain other landlords such (the Association of Leasehold Enfranchisement as the Crown Estate who have particular Practitioners). Members of ALEP have been vetpreferences and policies for dealing with ted (see details on page 47) and have to show a claims (as they are technically exempt from proven track record of a number of successfully the legislation) and it is important that your completed projects within the last year, toadvisor appreciates these differences. gether with client and professional references. There are a number of excellent free calculators available on the internet - such as the one that can be found on our website at www.bishopandsewell.co.uk/lease-extension-calculator – which will help you establish the approximate cost of a lease extension on your flat. The next step, assuming that you have an idea that the transaction is within your budget, is to get a formal valuation and then proceed towards serving a notice.

lEASE ExTENSIoN

WHAT IS THE RolE oF THE pRACTITIoNER IN THE pRoCESS?

A very brief summary of the roles of the solicitor and the surveyor in the lease extension process appear in the table (right). The person responsible for each step appears in brackets as you move through the process: Similar comments apply in relation to a freehold purchase and there is a table that sets

step 8 step 9 step 10

surveyor obtains valuation report solicitor instructs solicitor solicitor drafts notice of claim (called a Section 42 notice) solicitor Notice is served on landlord landlord’s solicitor Landlord has a right of inspection to prepare their own valuation report and can ask for a deposit of 10% of the figure offered in the notice landlord’s solicitors Landlord serves counter notice surveyors for landlord and tenant Tenant’s valuer and landlord’s valuer commence negotiations the solicitors discuss the terms of the new lease solicitors for tenant/landlord, if the landlord chooses to apply If the valuers cannot agree a premium and/or the terms of the lease remain in dispute either side can apply to the LVT (the ‘Leasehold Valuation Tribunal’) to have the claim decided. This MUST happen within 6 months of the counter notice, or the claim is deemed to be withdrawn solicitor/ surveyor Terms are agreed or determined by the LVT solicitor The new lease is completed solicitor If either party does not comply with their obligations they can apply to the County Court to enforce the grant of the new lease or to be discharged from their obligations under the notice.

out the steps in this process that appears on our website at http://www.bishopandsewell. co.uk/property/freehold-purchase-(collectiveenfranchisement) ● Mark chick is a solicitor specialising in landlord and tenant matters. He is head of the Landlord and Tenant Team at Bishop & Sewell LLP, a firm of solicitors based in Central London. He is also a director and committee member of ALEP (the Association of Leasehold Enfranchisement Professionals) and regularly writes and speaks on this area.

Issue 13, Winter

Flat Living

With fees ranging from as low as £365+VAT per site,* can you afford to take the risk?

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. Greater London Barristers

EllodiE Gibbons Tanfield Chambers 2-5 Warwick Court London WC1R 5DJ  020 7421 5300 www.tanfieldchambers.co.uk ChristophEr hEathEr Tanfield Chambers 2-5 Warwick Court London WC1R 5DJ  020 7421 5300 www.tanfieldchambers.co.uk Mark lovEday Tanfield Chambers 2-5 Warwick Court London WC1R 5DJ  020 7421 5300 www.tanfieldchambers.co.uk niCola Muir Tanfield Chambers 2-5 Warwick Court London WC1R 5DJ  020 7421 5300 www.tanfieldchambers.co.uk philip rainEy Tanfield Chambers 2-5 Warwick Court London WC1R 5DJ  020 7421 5300 www.tanfieldchambers.co.uk ProPerty Managers

Colin CohEn propErty ManaGEMEnt 21 Oakdene Park London N3 1EU Colin Cohen  020 8959 6870 www.ccpropman.com solicitors/legal

ashlEy wilson 57 Buckingham Gate London SW1E 6AJ tony wilson  020 7802 4802 www.ashleywilson.co.uk

CoMptons 90-92 Parkway London NW1 7AN James Compton  020 7485 0888 www.comptons.co.uk

baCi Sovereign House 1 Albert Place London N3 1QB John d Chart  020 8349 7680 www.bacisolicitors.co.uk

dEwar hoGan 10 Gough Square London EC4V 3DE Jim Cotter  020 7832 6410 www.dewarhogan.co.uk

barkEr GillEttE 11-12 Wigmore Place London W1U 2LU simon levi  020 7299 6947 www.barkergillette.com birChaM dyson bEll 50 Broadway London SW1H 0BL John stephenson  020 7227 7000 www.bdb-law.co.uk

GrEGsons St Christopher’s House Tabor Grove London SW19 4EX anne daniels  020 8946 1173 www.gregsons.co.uk

bolt burdon Providence House Providence Place Islington London N1 0NT william bethune  020 7288 4700 www.boltburdon.co.uk

housinG and propErty law partnErship 99 Charterhouse Street London EC1M 6HR ash oberoi  020 7553 9000 www.housingandproperty. co.uk

boodlE hatFiEld 89 New Bond Street London W1S 1DA Jonathan turton  020 7629 7411 www.boodlehatfield.com

hubbard pEGMan & whitnEy 7 King Street Cloisters Clifton Walk London W6 0GY Margaret bradley  020 8735 9770 www.hpwsolicitors.co.uk

Child and Child 14 Grosvenor Crescent London SW1X 7EE Claire allan  020 7235 8000 www.childandchild.co.uk

altErMans 233 Regents Park Road London N3 3LF Gabriel C alterman  020 8346 1777 www.altermans.co.uk

CMs CaMEron MCkEnna Mitre House 160 Aldersgate Street London EC1A 4DD stephen Charnock  020 7367 2906 www.cms-cmck.com

aMphlEtt lissiMorE Greystoke House 80-86 Westow Street London SE19 3AF rachel ludlow  020 8768 6469 www.amphlettlissimore. co.uk

Collins bEnson Goldhill 26-28 Great Portland Rd London W1W 8QT Chi Collins  020 7436 5151 www.cbglaw.co.uk

ForstErs 31 Hill Street London W1J 5LS natasha rees  020 7863 8400 www.forsters.co.uk

bishop & sEwEll 59-60 Russell Square London WC1B 4HP Mark Chick  020 7079 2415 www.bishopandsewell.co.uk

alan Edwards & Co Campden Hill House 192-196 Campden Hill Road London W8 7TH alan Edwards  020 7221 7644 www.aelaw.co.uk

anthony Gold 169 Walworth Road London SE17 1RW ian Mitchell  020 7940 4000 www.anthonygold.co.uk

FarrEr & Co 66 Lincoln’s Inn Fields London WC2A 3LH alison taylor  020 3375 7318 www.farrer.co.uk

JpC law Omni House 252 Belsize Road London NW6 4BT yashmin Mistry  020 7644 7294 www.jpclaw.co.uk

osbornEs Livery House 9 Pratt Street London NW1 0AE Guy osborn  020 7485 8811 www.osbornes.net pEarlMans 39 Finchley Lane London NW4 1BX denise pearlman  020 8201 6311 www.pearlmans.co.uk pEMbErton GrEEnish 45 Cadogan Gardens London SW3 2AG katherine simpson  020 7591 3333 www.pglaw.co.uk pEnninGtons Abacus House 33 Gutter Lane London EC2V 8AR Martin Codd  020 7457 3000 www.penningtons.co.uk philip ross 4 Chandos Street London W1A 3BQ Gary scott  020 7636 6969 www.phillipross.com pipEr sMith watton 29 Great Peter Street London SW1P 3LW richard berns  020 7222 9900 www.pslaw.co.uk

saul MarinE and CoMpany Trafalgar House Grenville Place London NW7 3SA saul Marine  020 8959 6090 www.saulmarine.com sEddons 5 Portman Square London W1H 6NT John Midgley  020 7725 8086 www.seddons.co.uk spEEChly birChaM 6 New Street Square London EC4A 3LX Jeremy hudson  020 7427 6452 www.speechlys.com strEEtEr Marshall 74 High Street Croydon CR9 2UU tim Farrington  020 680 2638 www.streetermarshall.com suMMErs 22 Welbeck Street London W1G 8EF John summers  020 7224 2024 www.summersolicitors. co.uk sykEs andErson 9 Devonshire Square London EC2M 4YF Chris sykes  020 3178 3770 www.sykesanderson.com

QualitysoliCitors rEdFErns 9 Churchill Court 58 Station Road Harrow HA2 7SA stephen simmons  020 8424 7070 www.redfernsolicitors.co.uk

thaCkray williaMs Kings House 32-40 Widmore Road Bromley BR1 1RY andrew raby  020 8290 0440 www.thackraywilliams.com

rinGlEy lEGal sErviCEs Ringley House 349 Royal College Street London NW1 9QS lee harle  020 7267 2900 www.ringleylegal.co.uk

thirsk winton 445 High Road Woodfield Green IG8 0XE Jason winton  020 8505 4777 www.thirskwinton.com

Mullis & pEakE 8-10 Eastern Road Romford RM1 3PJ Joanne wood  01708 784000 www.mplaw.co.uk

rodGErs & burton Newton House 50 Vineyard Path London SW14 8ET david Moore  020 8939 6300 www.randb.co.uk

tJM law Flint Research Institute 132 Heathfield Road Keston Bromley BR2 6BA tom Merralls  020 8662 6090 www.tjmlaw.co.uk

olivEr FishEr Astley House 33 Notting Hill Gate London W11 3JQ russell Conway  020 3219 0145 www.oliverfisher.co.uk

russEll-CookE 2 Putney Hill London SW15 6AB Jo rengger  020 8394 6515 www.russell-cooke.co.uk

trowErs & haMlins 3 Bunhill Row London EC1Y 8YZ leigh shapiro  020 7423 8000 www.trowers.com wallaCE 1 Portland Place London WC1B 1PN samantha bone  020 7636 4422 www.wallace.co.uk

Issue 13, Winter

Flat Living

MEMBERS DIRECTORY WIlSOn BaRCa 8 Archway Close London N19 3TD David Wilson  020 7272 2072 www.wilsonbarca.com

ExTEnD YOuR lEaSE 117 George Street London W1H 7HF David haines  020 7586 0044 www.extendyourlease.net

WInCkWORTh ShERWOOD Minerva House 5 Montague Close London SE1 9BB Mark Vinall  020 7593 5163 www.wslaw.co.uk

FanShaWE WhITE 9 Milner Street London SW3 2QB angus Fanshawe  020 7099 8465 www.fanshawewhite.co.uk

WIThERS 16 Old Bailey London EC4M 7EG Paul Brecknell  020 7597 6000 www.withersworldwide.com SurveyorS/valuerS

aMl SuRVEYS & ValuaTIOn 4 Burrows Road London NW10 5SG andrew lester  020 8960 7573 www.a-m-l.co.uk aRnOlD & BalDWIn Southbridge House Southbridge Place Croydon CR0 4HA Joe arnold  020 8642 2999 www.arnoldandbaldwin. co.uk BalCOMBE aSSOCIaTES 16 Pandora Road London NW6 1TT andrew Balcombe  020 7435 4017 No website BECkETT anD kaY 1 Bow Lane London EC4M 9EE Peter Beckett  020 7439 6667 www.beckettandkay.co.uk BIShOP BEaMISh 9 Catherine Place London SW1E 6DX andrew Bishop  020 7932 8484 www.bishopb.com DaVID GRahaM (ChaRTERED SuRVEYORS) 7 Grand Parade Forty Avenue Wembley Park HA9 9JS David Graham  0845 812 1954 www.surveyorand valuer. co.uk DOuGlaS anD GORDOn 37 Ixworth Place London SW3 3QH Jim Thomas  020 7591 8746 www.dng.co.uk DunSIn SuRVEYORS 7 Lower Grosvenor Place London SW1W 0EN Wilson Dunsin  020 7233 6762 www.dunsinsurveyors.co.uk

Flat Living

Issue 13, Winter

haRDInG ChaRTERED SuRVEYORS Suite 4 27 Ackmar Road London SW6 4UR David Toogood  020 7736 2383 www.hardingsurveyors.co.uk haRGREaVES nEWBERRY GYnGEll 7-10 Chandos Street London W1G 9DQ Richard hargreaves  020 3205 0200 www.hng.co.uk JSS EGERTOn 17c Curzon Street London W1J 5HU James Rangeley  020 7664 6648 www.jssegerton.com kInlEIGh FOlkaRD & haYWaRD KFH House 5 Compton Road London SW19 7QA Richard Cleminson  020 8739 2090 www.kfh.co.uk knIGhT FRank 55 Baker Street London W1U 8AN Riccardo Carrelli  020 7861 1734 www.knightfrank.com laMBERTS ChaRTERED SuRVEYORS 387 City Road London EC1V 1NA Chris Roberts  020 7520 2306 www.lambertsurv.co.uk lanCaSTER BROWn 83 Stanmore Hill Stanmore HA7 3DZ Gary Silver  020 8385 7007 www.lancasterbrown.com lanGlEY BYERS BEnnETT St Bartholomew House 92 Fleet Street London EC4Y 1DG Justin Bennett  020 7822 8850 www.lbb.org.uk lESTER haRRISOn & PaRTnERS 15 Bolton Street London W1J 8BG Tim harrison  020 7629 4383 No website

MaRR-JOhnSOn & STEVEnS 15 Bolton Street London W1J 8BG Prosper Marr-Johnson  020 7499 3199 www.m-js.co.uk

ROBSOnS 30 Sistova Road Balham London SW12 9QS David Robson  020 8402 6666 www.rrsurveyors.co.uk

MaRTYn GERRaRD 66-68 High Street London N2 9PN Saul Gerrard  020 8444 3445 www.martyngerrard.co.uk

ROBSOnS 1 Churchfield Road Acton London W3 6BH laurence Weill  020 8402 6666 www.rrsurveyors.co.uk

MCDOWallS SuRVEYORS 54-56 Barking Road London E6 3BP Chris Baker  020 8472 4422 www.mcdowalls.com MERJS ChaRTERED SuRVEYORS 26/28 Hallam Street London W1W 6NS Malcolm Bailey  020 7079 3973 www.merjs.co.uk MIChaEl ROBERTS SuRVEYORS Suite 4 27 Ackermar Road London SW6 4UR Michael Roberts  020 7498 7171 www.mrsurveyors.co.uk MYlEaSEhOlD 45 Chiltern Street London W1U 6LU Mark Wilson  020 7034 3435 www.myleasehold.co.uk nIGEl CaRTER & CO 40 Westwood Park London SE23 3QH nigel Carter  020 8699 5080 www.nigelcarter.co.uk ORD CaRMEll & kRITzlER 219 Golders Green Road London NW11 9DD Maurice Berger  020 8209 0355 www.ock-survey.co.uk PRICkETT anD EllIS SuRVEYORS 114 Alexandra Park Road London N10 2AH alison Stone  020 8442 2491 www. prickettandellissurveyors. com RIChaRD JOhn ClaRkE ChaRTERED SuRVEYORS Unit 1 The Galleria 180-182 George Lane London E18 1AY Richard Murphy  020 8505 2065 www.richardjohnclarke.com ROBSOnS 13 Tiepigs Lane Bromley BR2 7HJ Ray Robson  020 8402 6666 www.rrsurveyors.co.uk

SalTER REx Crown House 265-267 Kentish Town Road London NW5 2TP alan harvey  020 7267 2071 www.salter-rex.co.uk SaVIllS Lansdowne House 57 Berkeley Square London W1J 6ER alastair Stimson  020 7016 3728 www.savills.com SCOTTS ChaRTERED SuRVEYORS Bentley House Disraeli Road London SW15 2DS Peter Scott  020 8789 1200 www.scotts-surveyors.co.uk ShaW & COMPanY (SuRVEYORS) First Floor 9-11 The Quadrant Richmond TW9 1BP Michael lee  020 8948 1122 www.shawandco.co.uk SYMInGTOn ElVERY 47 Maddox Street London W1S 2PG andrew Symington  020 3324 0360 www.symington-elvery.co.uk ThOMaS M S l’ESTRanGE 92 The Avenue London E4 9RB Tom l’Estrange  020 8527 2545 No website TIBBaTTS & CO 36 St Georges Road London SW19 4ED Mike Tibbatts  020 8947 7040 www.miketibbatts.co.uk W a EllIS 174 Brompton Road London SW3 1HP Frances Joyce  020 7306 1660 www.waellis.co.uk WESTBuRYS 120 Streatham Hill London SW2 4RP Roger armstrong  020 8674 2626 www.westburys.co.uk

ALEP

IntermedIarIeS

lEaSEhOlD SOluTIOnS Woolwich House 43 George Street Croydon CR0 1LB louie Burns  020 3327 1177 www.leaseholdsolutions.com

SoutheaSt SolIcItorS/legal

COOPERBuRnETT Napier House 14-16 Mount Ephraim Road Tunbridge Wells TN1 1EE Richard Buckland  01892 515022 www.cooperburnett.com DMh STallaRD Gainsborough House Pegler Way Crawley RH11 7FZ Tina George  01293 605000 www.dmhstallard.com ERhaRDT & WaRnEll 59b High Street Ascot SL4 7HP Julie Erhardt  01344 623400 www.erhardtwarnell.com FIElD SEYMOuR PaRkES 1 London Street Reading RG1 4QW Maria Edwards  0118 951 6200 www.fsp-law.com GlanVIllES West Wing Cams Hill Fareham PO16 8AB nicola Crookes-West  01329 282841 www.glanvilles.co.uk GRIFFITh SMITh FaRRInGTOn WEBB 47 Old Steyne Brighton BN1 1NW Dan Ongley  01273 384015 www.gsfwsolicitors.co.uk haRT REaDE 104 South Street Eastbourne BN21 4LW neisha Taylor  01323 727321 www.hartreade.co.uk ODT 4th Floor Pavilion View 19 New Road Brighton BN1 1UF Tim Morgan  01273 710712 www.odt.uk.com PaInSMITh 1 Mansfield Business Pk Station Approach Lymington Bottom Rd Medstead GU34 5PZ David Whitney  01420 565310 www.painsmith.co.uk

ALEP MeMBers direCtory Parrott & Coales 14 Bourbon Street Aylesbury HP20 RS James Couzens  01296 318500 www.parrottandcoalesllp. co.uk Payne Marsh stillwell 6 Carlton Crescent Southampton SO15 2EY Mark Coupe  023 8072 7173 www.pms-gs thoMas eggar The Corn Exchange Baffins Lane Chichester PO19 1GE Marcelle turner  01243 786111 www.thomaseggar.com SurveyorS/valuerS

andrew Pridell assoCiates 10 The Drive Hove BN3 3JA andrew Pridell  01273 202620 No website austin gray 37 Vernon Terrace Brighton BN1 3JH stewart gray  01273 201980 www.austingray.co.uk CaMPsie 80 Peascod Street Windsor SL4 1DH Mark symonds  01753 410721 www.campsie.com dMa Chartered surveyors 46 Leigh Road Eastleigh SO50 9DT Chris Beamish  023 8061 3377 www.dmacharteredsurveyors. co.uk eaCh side leasehold Devonshire House 31 Holmesdale Road Reigate RH2 0BJ roger nelson  0845 3130 985 www.eslease.com Julian wilkins Chartered surveyors 43 Cross Lane Findon BN14 0UB Julian wilkins  01903 872211 www.jwsurveyors.co.uk south east leasehold 38 South Street Tarring Worthing BN14 7LH simon Brook  01903 890666 www.lease-extension.co.uk stiles harold williaMs Ivy House Ivy Terrace Eastbourne BN21 4QU Mark McFadden  01323 437900 www.shw.co.uk

sussex surveyors 10A The Drive Hove BN3 3JA david r aspey  01273 821969 www.sussexsurveyors.com

SouthWESt SolicitorS/legal SolicitorS/legal

BonallaCk & BishoP Rougemont House Rougemont Close Salisbury SP1 1LY tim Bishop  01722 422300 www.bishopslaw.co.uk Coles Miller 4 Durley Chine Road Bournemouth BH2 5QT andrew howard  01202 293226 www.coles-miller.co.uk Crosse & Crosse 14 Southernhay West Exeter EX1 1PL Zoe tibbles  01392 258451 www.crosse.co.uk lester aldridge Russell House Oxford Road Bournemouth BH8 8EX suki samra  01202 786161 www.lesteraldridge.com Powells with Chawner grey 7-13 Oxford Street Weston-super-mare BS23 1TE tim hannah  01934 623501 www.powellslaw.com Preston redMan Hinton House Hinton Road Bournemouth BH1 2EN rebecca kefford  01202 292424 www.prestonredman.co.uk williaMs thoMPson Avon House 4 Bridge Street Christchurch BH23 1DX georgina walters  01202 484242 www.williamsthompson. co.uk SurveyorS/valuerS

C a ChurCh 14 Wilton Road Salisbury SP2 7EE Paul Church  01722 421234 No website

EaStErn SolicitorS/legal

adrian dann & Co Admirals House 18 Nelson Street Southend-on-sea SS1 1EF adrian dann  01702 348802 www.adriandann.co.uk

deBenhaMs ottaway Ivy House 107 St Peter’s Street St Albans AL1 3EW ahmed anwar  01727 837161 www.dolegal.co.uk hilliers hrw Mindenhall Court High Street Stevenage SG1 3UN Martin addrison  01438 346000 www.hilliershrw.co.uk sa law 60 London Road St Albans AL1 1NG Belindal walkinshaw  01727 798000 www.salaw.com stevensons Gorgate Chambers Gorgate Drive Hoe Dereham NR20 4HB glenn stevenson  01362 860300 www.stevensonssolicitors. co.uk tolhurst Fisher Trafalgar House 8-10 Nelson Street Southend-on-sea SS1 1EF robert Plant  01702 352 511 www.tolhurstfisher.com SurveyorS/valuerS

Carter Jonas 6-8 Hills Road Cambridge CB2 1NH Mark hallam  01233 368771 www.carterjonas.co.uk david gillesPie 7 Hampden Crescent Warley Brentwood CM14 5BD david gillespie  01277 212521 No website kirkBy and diaMond Chartered surveyors 1 Union Street Luton LU1 3AN Jean howe  01582 738866 www.kirkbydiamond.co.uk rona PartnershiP 10 High Street Wickford SS12 9AZ derek rona  01268 764676 www.rona.co.uk ruMBall sedgwiCk 58 St Peter’s Street St Albans AL1 3HG harriet Fleming  01727 854516 www.rumballsedgwick.co.uk

MidlandS SolicitorS/legal

adCoCks Chancery House 27 Lombard Street Lichfield WS13 6DP Mark adcock  08454 708081 www.adcocks-solicitors. co.uk Brethertons Strathmore House Waterperry Court Middleton Road Banbury OX16 4QD roger hardwick  01295 661453 www.brethertons.co.uk hadgkiss hughes and Beale 47 Yardley Road Acocks Green birmingham B27 6HQ anthony Jones  0121 707 8484 www. hadgkisshughesandbeale. co.uk SurveyorS/valuerS

Brasier Freeth The Courtyard 77-79 Marlowes Hemel Hempstead HP1 1LF tim Jones  01422 263033 www.brasierfreeth.com CPBigwood ManageMent 45 Summers Row Birmingham B3 1JJ stephen Prichard  0121 233 0500 www.cpbigwood.com lawrenCe & wightMan 10 Swan Courtyard Coventry Road Birmingham B26 1BU keith Chew  0121 708 2266 www.lawrencewightman. co.uk

northEaSt SolicitorS/legal

BlaCks Hanover House 22 Clarendon Road Leeds LS2 9NZ glen salt  0113 207 0000 www.lawblacks.com Bury and walkers 4 Butts Court Leeds LS1 5JS graham dickson  0113 244 4227 www.burywalkers.com Clarke Mairs Royal House 5-7 Market Street Newcastle-upon-tyne NE1 6JN tim Clarke  0191 245 4725 www.clarkemairs.com

diCkinson dees One Trinity Broad Chare Newcastle-upon-tyne NE1 2HF Chris ledgerwood  0191 279 9000 www.dickinson-dees.com hethertons Tudor Court Opus Avenue York Business Park York YO26 6RS tom henry  01904 528200 www.hethertons.co.uk kelly & Co 49a St Paul’s Street Leeds LS1 2TE Patrick kelly  0113 244 2113 www.kellyand.co.uk last Cawthra Feather Airedale House 128 Sunbridge Road Bradford BD1 2AT harriet thornton  01274 386 574 www.lcf.co.uk SurveyorS/valuerS

JaCkson green & Preston 19 West St Mary’s Gate Grimsby DN31 1LE kevin Broadhurst  01472 311113 www.jacksongreenpreston. co.uk Johnson tuCker The Boathouse Newburn Newcastle-upon-tyne NE15 8NL andrew tucker  0191 269 7890 www.johnsontucker.co.uk

northWESt SolicitorS/legal

goldsMith williaMs Mersey Chambers 5 Old Churchyard Liverpool L2 8GW John e Jones  0845 373 3737 www.goldsmithwilliams. co.uk SurveyorS/valuerS

aBv rhoades Chartered surveyors 23 New Mount Street Manchester M4 4DE John rhoades  0161 953 4715 www.abvrhoades.co.uk FootnoteALEPmembersarelisted inthiswayonthewebsiteat www.alep.org.uk MembershipofALEPentitles memberstoasingleaddresslisting onthewebsiteandanadditionalfee ischargedforeachadditionaloffice thatcanbelocatedviatheonline postcodesearchfacility.Thissystem isreflectedinthisdirectory.IfALEP memberswouldlikemorethanone officetobelistedintheFlatLiving Directory,whichwillbepublishedin forthcomingissuespleasecontact warwick@flat-living.co.uk

Issue 13, Winter

Flat Living

Service Charge Accountants – we get it right Transparency and accountability are fundamental for Service Charges. We assist Property Management Companies and Residents’ Management Companies (including Right to Manage Companies) to meet their service charge obligations providing them with proactive straightforward advice and a value for money service. We have a dedicated team who deal with the preparation and audit of Service Charge Accounts, act on behalf of companies who collect Ground Rent and Service Charges and prepare statutory accounts for Residents’ Management Companies (including Right to Manage Companies). As specialists in this sector, we are trusted and respected for our knowledge, our approach and our outstanding service. Contact Nick Bullen, Partner for a FREE initial consultation: Tel: 01295 270200 Email: nickb@whitleystimpson.co.uk

www.whitleystimpson.co.uk CHARTERED ACCOUNTANTS AND BUSINESS ADVISORS

preventing emergencies

From flooding to burst pipes and from faulty electric blankets to forgotten candles, the winter can be fraught with danger for flat owners. In the next few pages Flat Living takes a look at preventing household disasters. First Ben Furlong analyses the risk to flats from floodwater

High and DRY? *

In recent weeks the press has

been awash with images of homes under water, but what about the impact of flooding on flats? While flat owners may think they are safe from flooding, they could in fact be at risk of what can be at best an inconvenience and at worst catastrophic destruction caused by unexpected floods. At first glance an elevated property may appear to be protected but flooding isn’t just about water entering a property or causing damage to belongings. The apartment building itself might be susceptible to a number of issues which can have consequences for all tenants. The impact of flood water on residents on all levels of apartment buildings can typically include: n Water damage to ground floor properties n Water damage to garages and sheds n Inaccessible entry and exit points n Relocation to temporary housing n Disruption to utility services – gas, electricity, water and telephone supplies n Lift failures n Sewerage and drainage systems backing up n High insurance premiums and excess levels The first question many people ask us as environmental experts is: ‘who is responsible for protecting flats from flooding?’. The simple answer is that there is no sole accountability when it comes to floods. The Environment Agency and local authorities clearly have an important role to play but there is also an onus on property owners and tenants to

ensure properties are adequately protected and tenants suitably prepared. Insurance plays a central role in flood risk management. UK flood risk insurance is currently provided according to the ‘Statement of Principles’ agreement between the Association of British Insurers (ABI) and the Government. The statement requires insurers to offer flood insurance to homes and small businesses where the property has a 1.3% annual probability of flooding and where the property is already insured. For properties at a greater risk, insurance is available on the condition that flood defences are planned to be built to reduce the risk below that limit within five years. This agreement comes to an end on 1 July 2013 and, with the Government and ABI seemingly unable to agree on a path forward, everything from property values to securing insurance, mortgages and reselling homes could be impacted next summer. Flat owners (and their tenants) could well find themselves in a free market situation for flood insurance with premiums for high risk properties likely to rocket.

Lawyers are...under no obligation to obtain flood risk reports

Equally, without a clear and agreed path forward, the Law Society remains unlikely to produce a Practice Note for lawyers on flood risk. This leaves home owners in an extremely precarious situation as lawyers currently are under no obligation to obtain flood risk reports for flat buyers. So what should flat owners and dwellers be doing right now to protect themselves against flooding? The simplest and most effective route forward is to obtain a flood risk screening report. This will provide an expert property assessment looking at the risk from all four major sources of flooding - river, coastal, surface water and ground water and costs very little when compared to the potential damage and disruption caused by flooding. This report will help inform the correct flood protection measures that should be implemented. These range from ensuring the correct level of insurance is in place, to making practical changes such as installing door barriers, fitting airbrick covers or raising electrical wiring to ensure utilities are not disrupted throughout communal properties. A property with a heightened risk of flooding is likely to have higher building insurance premiums and a good flood report will flag this up. For landlords and property management companies a decision may have to be made about raising service charges to cover these increased costs. However the benefits to flat owners and tenants of having comprehensive insurance cover and property Issue 13, Winter

Flat Living

Keep your flat leaK-proof AEnEAn convAllis mauris moselie nulla

Flooding due to heavy rain is something that homeowners can’t prevent – they can only make sure they are prepared for the worst. Internal water damage is a different matter, so make sure you don’t suffer from a burst pipe this winter by following these simple tips.

Don’t be afraid to ask about flood protection protection should not be underestimated. For those renting flats, the best advice is to check the details of leases with particular regard to insurance cover and ensure the correct level of personal contents insurance is in place. Tenants shouldn’t be afraid to ask landlords what flood protection measures they have in place, whether the property has flooded in the past and, in high risk areas, to request that a flood emergency plan be drawn up for their building. By signing up to the Environment Agency’s free flood warning service anyone living in a flat can receive advance warning of potential flooding. Those in ground floor properties may wish to keep emergency provisions such as sandbags on hand. As we have seen with the case of the Spencer Court flats in Newcastle, which are now being demolished following flooding during 2012, investing in new build properties is no guarantee of flood protection. If you are considering buying a flat either as a landlord or home owner, a flood risk screening report should be insisted on before committing to any purchase. The message is simple: when it comes to flooding, forewarned is forearmed. ●

A BursT water pipe can cause thousands of pounds worth of damage, not only to your home but to your neighbours’ flats too as gallons of water can be released, especially if it happens while you are away. To keep your risk to a minimum there are a number of easy precautions you can take. First, always have your boiler and central heating system serviced on a regular basis. This not only reduces the chance of a leak but ensures your system is working efficiently. If the weather turns cold and your heating stops working, you could have a frozen pipe. Turn off your boiler and call a plumber. Insulate your water pipes and hot water tank. Also, if you have a condensing boiler, talk to your plumber about

lagging your condensate pipe. Don’t ignore dripping taps or overflows – they could indicate a problem with your water system. External water pipes in communal grounds should be turned off in freezing conditions and hoses disconnected. If the weather is severely cold, don’t turn off your

Make sure you and the other members of your family know how and where to turn off the water supply to your flat and check that your stop valve is easy to turn on and off in an emergency. If you discover a frozen pipe, turn off the water and slowly thaw the pipe using a gentle heat source such as a hairdryer or hot water bottle. Don’t try to thaw the pipe with a blow torch or other source of rapid, direct heat. Have a bucket ready in case the pipe bursts. If you are unlucky enough to have a burst pipe this winter, turn off the water at the stop cock and turn on the cold taps to drain the system and turn off your central heating. It may be worth investing in an electric heater for emergency use. At least you will be able to keep warm until the plumber arrives.

it may be worth investing in an electric heater for emergency use heating at night, leave the system on a low setting. This also applies if you are going away. Ask a neighbour or your property manager to check your flat on a regular basis for any problems. If your flat is likely to be left empty for a long time, drain down the water system and turn the water off.

A burst pipe can be extremely costly

Ben Furlong is an Environmental Consultant at risk management consultancy, Argyll Environmental. The company offer spans from desk top contaminated land and flood risk reports to bespoke consultancy services. Tel 0845 458 5250 Email info@argyllenviro.com Website www.argyllenvironmental.com/flood

Flat Living

Issue 13, Winter

attentive, efﬁcient estate management

A T F E W

84 Coombe Road, New Malden, Surrey KT3 4QS 020 8605 1200 020 8605 1205 mail@gracemiller.co.uk www.gracemiller.co.uk

a friendly and professional service tailored to your exact requirements Author ised and Regulated by the Financial Ser vices Author ity in respect of insur ance mediation activities

GRACE MILLER & CO LIMITED

Are you considering extending your lease? then contact us for specialist advice

m m m m

We can also help with: Collective Freehold Purchase Right to Manage Service Charge Disputes Breach of Lease Covenants etc

4 Durley Chine Road, Bournemouth. BH2 5QT Offices at Poole, Charminster and Broadstone

Contact Andrew Howard

Tel: 01202 293226

www.coles-miller.co.uk

Coles Miller Solicitors LLP

preventing emergencies

Is your HOME a FIRE trap? Paul robertson warns flat owners not

to be complacent about fire risks

Flat owners may be lulled into a false sense of security that their block has been the subject of a fire risk assessment while forgetting to take a few basic precautions to protect themselves and their families. The freeholder of your block has a number of legal obligations as far as health and safety is concerned. These include carrying out a fire risk assessment that needs to be periodically reviewed. As a result of this a number of protective measures may be in place for your block. In addition, the electrics should have been inspected in the communal areas and any communal boilers checked for gas safety. However, what flat owners may not always consider is that all of this only applies to the communal parts of the block. Responsibility for fire safety in individual flats is down to you. If you rent out your flat, then no doubt you are aware that you need an annual gas certificate and regular electrical inspections. In contrast, owner occupiers are not subject to any of this legislation and as a result many flat owners put themselves at unnecessary risk. You are twice as likely to die from a fire if you don’t have a working smoke alarm. Installing one is the easiest way to protect your family, even if a system is fitted in the communal areas of your block - but do remember to test the device and change the battery regularly. If it is difficult for you to fit an alarm yourself, contact your local fire and rescue service who will normally be happy to help you. (You can find your local number at www.gov.uk/firerescue-services ) It is particularly important in a block of flats to ensure your family knows exactly what to do if a fire is discovered. In larger blocks this may mean remaining in your flat and awaiting rescue by the emergency services. Be aware of the evacuation plan if your block has one in place, make sure you know how to quickly unlock any doors and that the keys are accessible. It is also important not to replace or remove fire doors in your flat. They were initially installed for your protection and removing them could place your family at risk. If in doubt ask your managing agent as this will probably have been considered by the fire risk assessment for the block. Outside your flat, keeping communal areas clear is vital to ensure the safe evacuation of your block. Items stored in these areas could cause an additional fire risk or block evacuation routes thus endangering life. Always keep these areas clear and if your

Flat Living

Issue 13, Winter

Fire ct a doorafflat who needs be

to living in is likely Anyone eir front door a door that is th ce tes. his to repla se an FD30. T than 30 minu F e u r W o to B m asked fire for pick one that is stand a ly r can with sing a fire doo tested proper een hoo When c s it will have b ectly. The fire a r r d o e c h fi d ti r e ce mark ncs whic e b l a il S w s feli oor d n and e m recom e fire d service a simple onlin ou step by y s r s e e off u at tak rator th e process. Yo u g fi n o c th , h h g is u n o fi step thr ose your size, nt e o r h fe c if can nge of d and a ra ptions on their o g glazin site at www. web s.co.uk safelinc Install a smoke alarm – it could save your life neighbours are putting you at risk involve your managing agents. These days, most of us have cordless phones which are very convenient but won’t work if the power fails. Why not invest in a cabled phone which will continue to work in the event that the power is disrupted and allow you to call for help. Inspection and regular maintenance of gas appliances and electrics are not a strict legal requirement for owner occupied flats and as a result can often be overlooked. However, it is worth considering that in rented flats the legal requirements for these regular inspections were put in place to save lives. By not taking the same actions in an owner occupied property it is you and your family that you are placing at risk ,as well as your neighbours should an incident occur.

Up to 60% of flat owners do not have contents insurance

Amazingly, up to 60% of flat owners do not have contents insurance in place, possibly because living in a larger building lulls them into a false sense of security. A basic contents policy may only cost a few pounds per week yet most flat owners fail to secure this basic insurance protection. The sad fact is that most of these flats owners would not have the financial means to replace their contents and a fire could cause major damage to their belongings. The Fire Safety Order 2005 has resulted in a significant step forward to ensuring fire safety and awareness of the dangers posed by fires in flats. This is especially true in smaller blocks and older converted houses where fire safety may have been overlooked. Legal obligations on landlords have ensured greater safety for tenants and it is ironic that the highest risk from fires is now in flats in owner occupation. With more than two million owner occupied flats in the UK this should be a real concern and there is a strong argument for a campaign for greater awareness or legislation. ● Paul robertson is managing director of Midway Insurance Services Limited tel 0845 3702848 email paul@midway.co.uk website www.midway.co.uk

preventing emergencies

tAke cAre with cAndles Every year hundreds of house fires are caused by candles. As sales of candles increase, it is important to treat them with respect and follow these simples rules:

Electric blankets cause up to 5000 fires each year

WINTER

warmers

n Always put candles on a heat resistant surface and put them in a proper holder. n Position them away from curtains, don’t put them under shelves and keep clothes and hair clear of the flame. n Keep children and pets away from candles n Don’t move candles when they’re burning n Use a snuffer or a spoon to put candles out - blowing them out can cause sparks and send hot wax flying. Always doublecheck they’re fully extinguished.

It may be cold outside but don’t take risks while trying to keep warm and cosy indoors. Here is some helpful advice from the fire service As FREEZING wEAthER spreads across the

country, lots of us are getting our electric blankets out of the cupboard. Unfortunately these perennial favourites account for more than 5000 fires a year, so take a few sensible precautions before turning yours on. Check for damaged fabric, scorch marks and exposed elements. If the flex is worn or there are any loose connections, don’t use your blanket. If it has the old BEAB safety mark it is more than 10 years old and should be replaced – the life of an electric blanket is around 10 years so play it safe and treat yourself to a new one. Don’t fold electric blankets – it can damage the wiring. Roll them up or keep them on a spare bed but make sure they are unplugged at the socket. n Always follow the instructions.

n Never use an electric underblanket as an

overblanket, and vice versa.

n Tie electric underblankets to the bed or

mattress to stop them slipping or creasing

n Don’t leave your blanket switched on all

night unless it is designed for safe all-night use. Switch it off and unplug it before you get into bed. n If your blanket gets wet, don’t use it - and don’t switch it on to dry it. Get your electric blanket checked every three years. Ask the shop where you boughtt he it about testing and servicing, or contact the trading standards department at your local council – they often have free testing days. ●

More excellent safety advice is also available at www.fireservice.co.uk/safety

Don’t leave candles burning in an empty room

And finAlly... Can we safely clearing snow and ice from pavements without being sued? The answer is yes – as long as you are careful and follow the government’s snow code

Clear snow early and carefully

Flat Living

Issue 13, Winter

n Clear the snow and ice early in the day n Use salt or sand - not water n Pay extra attention to clearing snow and ice from steps and steep pathways you might need to use more salt on these areas

n Take care where you move the snow – don’t block anyone’s paths or drains. n Offer to clear your neighbours’ paths

Your local council is likely to provide cold weather services such as clearing local roads and pavements in your area. For information about your council’s winter service, check its website.

End notes Flat Living

A l l t he r i gh t m o v e s

COMPANY NEWS

Whether you are a managing agent, a solicitor, a valuer or supply services to the leasehold sector, we want to hear from you

If you have moved jobs contact us at info@flatliving.co.uk

AWARD

FLATS INSURER WINS AWARD Block insurer 1st Sure is proving to be a leader in the flats insurance market with a hat trick of business awards. The Enfield-based company won the Block of Flats Insurer of the Year category, in News on The Block magazine’s Property Management Awards in December, ReAppointment

for the third year running. Managing Director Paul Robertson was delighted to accept the award, saying, “It is a clear demonstration of the customer service and commitment shown by our staff. The fact that the judges conducted mystery

shopping exercises, proved the company’s expertise in the flats insurance market and showed that we treat flat owners fairly”. Most flat owners have little or no influence in the placement of their buildings policy, which is normally a single policy for

the entire block. For this reason, 1st Sure believes it is important that block insurance not only represents value for money but also contains appropriate protection for all residents. 1st Sure Ltd is a subsidiary of Midway Insurance Services Ltd .

Appointments

PEvEREL RETIREMENT SUE PETRI TAkES REAPPOINTED ChARgE AT AT DICkENS CONSORT COURT Peverel Retirement has been reappointed as property manager at Dickens Court, Margate. The block left Peverel Retirement two years ago but has now returned after a contract with another managing agent didn’t work out. “We’re delighted to welcome back Peverel Retirement”, said resident Malcolm Tyler. “There was a collective sigh of relief when we handed the reins to Peverel Retirement as we know our development and its finances will be back in safe hands.” The agreement comes just a few months after Peverel Retirement was reappointed as managing agent by the residents of Barden Court, Maidstone. In October Peverel Retirement was also appointed managing agent of Markfield Village in Leicestershire. Cynthia Gibbs, Peverel Retirement Business Liaison Manager, said: “The residents here are a great group of people so we’re very pleased to be reappointed. We are determined to work closely with the residents to provide the expected and deserved level of service.” Dickens Court comprises 72 apartments, a lift, lounge, laundry, guest suite and communal garden.

Sue Petri has been appointed as Head of Operations for Consort Property Management. The move means she is now in charge of the specialist property manager, which handles some of the country’s most prestigious developments. Sue joined Consort, which is part of the Peverel Group, in October after 11 years in a number of senior roles at Mainstay Group. Her first task will be to draw up plans for the business which will give the Consort team the structure and resources needed to ensure it continues to run as a high quality customer-service-focussed managing agent. Sue said: “Joining Consort is a fantastic opportunity to be involved with a company at the beginning of a new chapter in its life. The Consort team has a huge amount of knowledge and fantastic energy and I’m really enjoying working with them.” Sue joined Mainstay as a property manager, quickly working her way up to director level and taking responsibility at various times for a number of different areas of the business; including client services, HR, operations, and business development.

sue petri: a new chapter issue 13, Winter

Flat Living

Appointments Company news Crossword answers Competition

reLocAtion

New OffiCes fOr ChaiNbOw

In November, the asset and estate management firm Chainbow Ltd relocated from its Waterloo office, where the business had been based since 2006, to 61 Southwark Street, London SE1 0HL. Chairman and chief executive of Chainbow, Roger Southam, commented, “The office move is timely and coincides with our new business direction, which involves moving away from the traditional block management sector and into a

more distinguished property consultancy. “Today, Chainbow Ltd provides high-end asset and estate management for funds, institutions, developers and private investors. It specialises in new build developments and the professional PRS sector while additionally offering commercial and residential companies consultancy on leasehold dispute resolutions, lease structures, maximising the value of assets through

60 61 61 62

Appointment

New Chief fiNaNCial OffiCer fOr Peverel roger southam: now in southwark redevelopment, profitability of site acquisitions from an operations perspective as well as disposals. “We look forward to welcoming friends, colleagues and peers to our new premises.” In January 2012, Chainbow merged 90% of its property portfolio with a competitor to form Chainbow Trinity. However, the Chainbow brand has continued to operate as a consultancy, asset and estate management firm.

Peverel Group has announced the appointment of Nigel Howell in the new role of Chief Financial Officer, effective from 2 January 2013. Prior to joining Peverel, Nigel was Chief Financial Officer of Morrison Facilities Services Ltd which provides repairs and maintenance services across England and Scotland. Before joining Morrison, Nigel held a number of senior Finance, Strategy and Business Development roles at Centrica/British Gas, Cable & Wireless and Shell.

last issue’s CrOsswOrd aNswers

Leasehold Enfranchisement

Commercial Property

Residential Conveyancing

Landlord and Tenant

Housing Association Law

International Legal Matters

Company and Commercial

Employment

Dispute Resolution

Across 1 One whose occupation is subject to contract (11); 9 Up-to-date fashion for finishing the argument? (4,4); 10 Stag on this country is standing still (6); 11 Suitable accommodation for a starving genius? (6); 12 I’m overwhelmed by a friend’s bitterness (8); 13 What the Human Resources Department does in the jobs market (9); 15 Reinforcement for concrete may turn to sleet (5); 17 Student takes comfort for what 1 Across has (5); 18 Informing and evaluating the property (9); 21 Cheap way to travel, always in coach (8); 22 Places mentioned see them on holiday? (6); 24 Put in charge at the lemonade factory? (6); 25 Can enter, possibly, by a gate (8); 26 Landlord’s income - the subject of earthquake activity? (6,5) DoWn 2 Gain access, turning up in secret negotiations (5); 3 Bob finds a quick way through! (5,3); 4 What’s the connection with water, by the way? (7); 5 Bin bags are all at sea (6); 6 Figure how much property I’m coming into! (9); 7 This is what keeps ARMA members in pocket (10,3); 8 Agents with advice of claim under S84 must issue this (7,6); 14 Desperate couple nursing son in dilapidated condition (9); 16 This supports the railways and the cavity walls (5-3); 19 Claim to play a part (7); 20 Opening a posh luxury dessert (6); 23 It’s good to talk, you’ll allow (5)

Flat Living

Issue 13, Winter

end notes

WIN

£50

CROSSWORD

rs Vouche of M&S ord Crossw r u o r e Ent ition compet

For all your property problems, no matter how cryptic, call Western Permanent Property. If you’re based in South Wales call 029 2023 5151

comPetitioN

Tr the fiendish Flat Living Try quiz, and try to work out what links the following, seemingly unconnected, groups. Answers at the bottom of the page. WHAT LINKS

1 Larry Page and Sergey Brin?

2 Moliere, Tommy Cooper and Sid James?

LAST ISSue’S CROSSWORD WINNeR R England, London W3

4 Buddy, Spotty, Barney and Bo?

ANsWers to comPetitioN

seND Your ANsWers for the Prize crossWorD to W Smith, The Poplars, Wells, BA5 1QF by 6th March. The first correct answer will receive a £50 M&S voucher. Answers and the winner’s name will be posted on the website at www.flat-living.co.uk

3 Glasgow, Greenock, Lanark and Bothwell?

and Barney…GW Bush…BO…Barack Obama)

DoWN 1 Chance of tossed salad? (No sea salt) (4) 2 Discharge...time’s up. (4) 3 Rock accousticians, without nous, cause a pain in the neck. (8) 4 Confront clock setter. (4,2) 5 Hair from Hell causes anguish. (8) 6 Depressed about early middle age problem. (6) 7 Damage holiday time? (8) 8 Gothic throw? Always the same. (8) 11 Plant, not large, in the Algarve (5) 15 Spa’s surprising tours de force..no food! (4-4) 16 Eats fish between drinks and gets the tremors. (5-3) 17 Indigenous doctor almost falls over in classic film. (8) 19 Comparative chart initially backs a reorganisation, growth requiring a personnel hike. (3,5) 20 Bird called Derrick (5) 22 Worn out shy abbot ignores OT mistake. (6) 24 Hot tap dancing for musical. (3,3) 27 Old fiddle sounds phony. (4) 28 Why oh why? Nothing for the kid’s to play with. (2-2)

1 Founded Google 2 All died on stage 3 The River Clyde 4 US Presidential dogs (Buddy…Bill Clinton, Spotty

Across 9 US politicians protest fractured arctic circle (10,5) 10 On Saturday I ate my fill. (7) 12 Crooked estate agents without stats for youngsters. (7) 13 EEC grails debased before God (9) 14 Adam right about tragedy. (5) 15 Transform a sphere. (7) 18 Owing allegience to English, for example. (7) 21 Wet fleeces? (5) 23 Passing at the San Siro? (9) 25 Burnt? No NHS in and around Manchester I’m afraid. (7) 26 Standard audio equipment for Santa found in the kitchen garden. (7) 29 9 unwelcome at this grand old party. (10,5)

Issue 13, Winter

Flat Living

DUNSIN SURVEYORS CHARTERED SURVEYORS AND VALUERS

RESIDENTIAL AND COMMERCIAL PROPERTY SURVEY AND VALUATION SPECIALISTS � Valuation Reports � RICS HomeBuyer Service � Building Surveys � Property Defects Surveys � Lease Extensions � Lease Renewals � Rent Reviews � Commercial Valuations � Collective Enfranchisement � Leasehold Enfranchisement Valuations � Probate Valuations � Inheritance Tax Valuations � Charities Act Valuations � Matrimonial Valuations � Litigation Surveys and Valuations � Retrospective Valuations � Compulsory Purchase and Compensation � CPR 35 Compliant Expert Witness Reports � Building’s Insurance Reinstatement Cost Assessment � Surveyor Negligence Reports � Service Charge Disputes � Property Management Disputes � Independent Assessment of Service Charge Accounts � Landlord’s Consents � Repair, Maintenance and Improvement Advice � Development Appraisals

� Freehold Purchases � LVT Applications, Submissions and Representations � Capital Gains Tax Valuations � Stamp Duty Land Tax Valuations � Licenses for Alterations � Schedules of Condition � Schedules of Dilapidation � Party Wall Procedures and Awards � Mixed Use Valuations � Negotiations on behalf of tenants, leaseholders, occupiers, landlords, freeholders, agents, etc. � Business Rates � Project Managers � Stock Condition Surveys

020 7233 6762 Fax: 020 7233 6785

www.dunsinsurveyors.co.uk info@dunsinsurveyors.co.uk Regulated by RICS

Flat Living Issue 13

Articles inside

AlEp Directory

the role of the enfranchisement practitioner

interview

What’s in a name?

ARMA Guidance

letters

ARMA directory

ARMA surgery

Stephen Gibbs

Bob Smytherman

On the waterfront

legal

insurance

Welcome

Energy

We report on the recent High Court decision affecting Section 20 consultations, plus the ARMA conference and other topical issues

Outdoor living

Maintenance