Flat Living Issue 2 by Belinda Thorpe

Flat-Living.co.uk

Legal update

KEEPINg yoU UP To DaTE wITh aLL LEaSEhoLD maTTErS

£2.50 Winter 2010

SEE INSIDE p8

The right advice

p11

Peverel’s MD in the spotlight

p12

Service charges

p16

Health & safety

p20

Industry update

p27

Anti-social behaviour

p30

Repairs & maintenance

p35

Insurance

p36

The environment

p41

Living in flats

PLUS mUch morE ThErE arE ovEr 1.8 mILLIoN PrIvaTE FLaT owNErS IN ThE UK The Journal for residents’ management companies supported by arma

Our front cover photograph is a property managed by Moreland Estate Management

Flat-Living.co.uk

The new Sky Switchover Team – experts in getting flats ready for the digital switchover

Advertise For advertising enquiries call 0845 257 6374 or visit www.flat-living.co.uk

The digital switchover is well underway. Are you ready?

Contact

Although the switchover has already started in many regions, a survey*undertaken by Sky showed 57% of private landlords are not yet prepared. And if your residents don’t have digital equipment by the time your area switches over, they’ll no longer be able to watch TV. Take a look at the map to see when you need to be ready.

By working with us now, you can ensure your residents continue to have access to top quality TV after the switchover – including the most popular options from Sky.

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.

We’ll provide you with an estimate straightaway, and follow up with a free survey which will tell you all you need to know about installing a communal TV system in your block. Then we’ll work with you to choose the solution that suits you best – be it our shared dish or platform-neutral Integrated Reception System (IRS). Flexible financial options are available, whichever you choose.

Our dedicated team takes the hassle out of switching

Call 08442 410 387 Or visit sky.com/managers

following our launch publication in October 2009, I know you will find issue two as informative. If you are a new reader of Flat Living Magazine – welcome. There is a great offer to subscribe on page 30, so if you have enjoyed what you have read, it’s a great way to ensure you get the magazine delivered to your door each

We’ll help you find the right solution

Get set for the digital switchover – ask for your estimate today

Thank you to all our readers for the calls of support

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

Keep your residents switched on to their favourite TV

With many years’ experience in switching homes to digital, you’re in safe hands with our new dedicated Sky Switchover Team. Together with your personal account manager, they’ll guide you through the whole switchover process and make it as easy and stress free for you as possible.

Legal update

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.

TV region switchover

quarter and to keep ahead of the latest news and changes. The New Year is always exciting at Flat Living and there is always plenty to keep us on our toes, as we know there are for leaseholders too. We are thrilled to publish a range of features this edition including how to enforce service charge payments, which is particularly pertinent in the current economic climate and what to look out for whilst maintaining your block and your duty of care under The Control of Asbestos Regulations. We have a number of special offers available including our Health & Safety Guide and Risk Assessment for communal areas priced at only £59 (RRP £200) and an exclusive flat contents policy which offers the option to be able to insure against needing to pay your buildings insurance excess. New to www.flat-living.co.uk is the Jobs section where Residents’ Management Companies can advertise for property managers, cleaners, gardeners or similar. Our Service

Border

Complete

Yorkshire

2011

West Country

Complete

Anglia

2011

Granada

Complete

Central

2011

Wales

2009/10

Meridian

2012

Channel Isles

2010

London

2012

flats and apartments – when you contact

STV North

2010

Tyne Tees

2012

STV Central

2010/11

Ulster

2012

them, please remember to tell them

West

2010/11

*Source: ARMA

Providers directory is continually growing, and offers details of a range of Companies who specialise in the services required by

where you came across their details, to ensure we can continue to provide this unique facility. If you have any questions you need answering please continue to post them on our forum which is supported by leasehold sector professionals who can help you with any dilemmas. We hope you enjoy Issue two of Flat

Believe in better

Living Magazine – please continue to send in your stories, questions and queries to the contact details above.

*In September 2008, Sky undertook detailed physical surveys of 129 private blocks, each containing between 4 and 66 separate flats, in 8 areas around the UK – including London, Birmingham, Manchester and Cardiff. The in-depth surveys were carried out to obtain a snapshot of the current situation nationwide and found that over half of private rental properties were not fully ready for the digital switchover. Visit www.sky.com/managers for more information. Sky TV: Sky box, set-up and Sky TV subscription required for each customer to receive Sky digital programming. Sky selects your equipment. Switchover area: Please see www.digitaluk.co.uk to check when your block will be affected by the digital switchover. General: Minimum Sky TV subscriptions are 12 months. Information only applies to residential customers in the UK, Channel Islands and Isle of Man. Calls cost 5p per minute (plus up to 9p connection fee for BT customers). Calls from other providers may vary, further terms apply. Information correct as at 8 January 2010.

BELINDA THORPE, EDITOR IN CHIEF 03

Contents

INTERVIEW

HEALTH & SAFETY

Flat-Living.co.uk

News

New Sky team; health & safety guide; squatter issues

Advice

Get the right help; health & safety top tips

Interview

Enforcing service charges

Flat Living met Lee Middleburgh, Peverel’s managing director

Stan Gallagher of Tanfield Chambers reports

MAINTENANCE

John Byers of Langley Byers Bennett writes about maintenance best practice

It will never happen to me Insurance in the spotlight

Go green and make money

How you can earn additional revenue from your building

Asbestos: are you liable? Reporting on the issues surrounding this dangerous material

In need of a quick fix?

Industry developments

Updates and news from ARMA the industry association

Lifestyle

ARMA managing agent directory

The latest equipment and developments

CONTENTS 04

Flat-Living.co.uk

News

Try our Directory The number of flats and apartments throughout the UK is approximated at over 1.8 million and as developers continue to build flats and apartments this number continues to grow rapidly, embracing everything from relatively small properties that have been converted into flats to luxurious high value state-ofthe-art apartment blocks. www.flat-living.co.uk has been collating

a number of carefully selected leasehold sector professionals who specialise in providing services and facilities for flat and apartment owners. Categories include Accountants, Solicitors, Property Managing Agents, Communal Cleaners, Grounds and Property Maintenance Companies and Services including Fire Risk Assessments and Asbestos Surveys plus much more…

Flat Living Health & Safety Guide, Audit and Contractors Appraisal Form – ONLY £59 (RRP £200) Our Directory is split into regions to ensure that you locate a Company that is local to you, take a look and when you use the Companies listed, please let them know that you saw them on www.flat-living.co.uk

Sky TV Creates Expert Team to Help Managing Agents with Switchover Sky TV has thrown a lifeline to private sector managing agents (MAs) struggling to get their blocks ready for the digital switchover, by creating a new team dedicated to helping them. The Sky Switchover Team will offer a unique package of advice and support to help MAs choose the right digital communal TV solution for their blocks, and ensure it is installed and working before the digital switchover happens in their region. For more information about the Sky Switchover Team MAs should register their details on www. sky.com/managers or call 08442 410331. Each private MA will be given a dedicated account manager to guide them through the entire switchover process, with expert support from specialist engineers. This will include a free initial consultation to explain the various options to the MA, and a free estimate of the work needed. If the MA is happy with the estimate, a Sky contractor will undertake a free survey at the block to check it is suitable for the work and to confirm costs. The Sky Switchover Team is Sky’s response to its recent survey*, which revealed that more than half of the UK’s private blocks are not fully prepared for the digital switchover, and only a quarter can receive Sky. If the MAs for these blocks don’t act, their residents could be left with blank screens after the switchover. Pascal Wharton, Head of Sky Communal Solutions, comments: “Our survey identified a clear need for some extra support to help private MAs during the digital switchover period. The Sky Switchover Team will do just that, taking the stress and hassle out of the process and helping MAs make the right digital TV choices for their blocks and their residents.”

News

The amount of support needed to get ready for the digital switchover varies from block to block. Some need only minor work, such as fitting new filters or boosters, while others require major work, such as installing new cabling, a suitable digital transmitter or even a completely new communal TV solution. Sky has an established network of expert installers across the UK, ready to help MAs beat the digital switchover deadline in their region. Working with Sky, these companies know digital TV inside out and have installed thousands of Sky communal TV solutions for MAs. Their friendly, experienced engineers are happy to explain every aspect of the job in jargon-free English, and their work is backed by the Sky promise of quality. In certain cases, Sky TV may contribute towards the cost of equipment needed to install a communal TV solution at a block (excluding equipment in residents’ flats), so it is important that MAs contact Sky as soon as possible to check if they qualify. Sky offers two main communal TV solutions – Shared Dish and Integrated Reception System (IRS) – and helps MAs choose the most appropriate option for their residents and the block they live in. Shared Dish delivers digital satellite TV signals to flats in a block from a single discreet rooftop dish, so residents don’t need their own mini dishes. Cables are run directly from the Shared Dish to the Sky, Sky+ or Sky+HD set-top boxes in the flats of Sky subscribers. Those who subscribe to Sky or Sky Freesat will also have access to all freeto-air channels, including BBC, ITV, Ch4 and Ch5. IRS is particularly suited to larger blocks. It is a “platformneutral” solution, so residents can choose either to watch free-to-air programmes on Freeview, Freesat or analogue TV (until the switchover), or to subscribe to Sky TV (including Sky+ and Sky+HD). They can also receive FM and DAB radio. By opting for Sky+HD, residents with HDready TVs can enjoy the best-available TV experience, with superb picture detail, Dolby Digital 5.1 surround sound and vibrant colours. As Pascal Wharton points out, time is now running out for some private sector MAs: “Fourteen areas of the UK are due to switchover this year, affecting around 4.6 million households. The Borders region has already had its analogue signal turned off for good, and parts of Devon and Cornwall have also switched over this year. One of the next areas to go digital is Granada, where there are around 10,000 blocks of private sector flats. Many MAs need to move fast to beat the switchover, but they can be sure that the new Sky Switchover Team will give them all the expert guidance and support they need to go digital.” To find out more about the Sky Switchover Team, the digital switchover and communal TV solutions from Sky, MAs register their details on www.sky.com/managers or call 08442 410 331

Following the launch of Flat Living’s first issue we received numerous calls from self managed Residents’ Management Companies (RMC) who were concerned about the confusion regarding which aspects of Health & Safety related to them and how to keep themselves up to date with new legislation that may be relevant. One of the calls received was from James Smeeton from Albany Court, who received a visit from their local Health & Safety Officer following one of their residents injuring themselves whilst cleaning the communal areas. The Health & Safety Officer asked Mr Smeeton for a copy of his Health & Safety Policy and latest risk assessment. Unfortunately, although the Directors of Albany Court did complete regular checks at the site, they did not have a Health & Safety Policy nor documented Risk Assessments. If you have an employee on your premises, for example a cleaner or gardener and if you employ people on a part time, full time or casual basis then you should carry out risk assessments. The RMC also owes a duty of care to anyone who may be visiting, working on, or passing the premises. Even if you don’t believe that Health & Safety law applies to you it will help reduce the probability of incidents and of a civil or criminal action being taken against the RMC. In this instance the Health & Safety Officer confirmed that without evidence that the

Directors of Albany Court had completed the risk assessment they could be found liable for any costs relating to the incident. Unfortunately Mr Smeeton wasn’t aware of this requirement and called Flat Living to ask for help. Flat Living sent Mr Smeeton a copy of its three stage Health & Safety Guide which helps RMC Directors to identify the kind of hazards that contribute to the more common accidents and harm to health and to assist you in obtaining more help and information. The Guide is appropriate for the communal

and shared areas that residents and employees use, and areas where tradesman and the general public may have access. The completed Health and Safety Audit will provide the evidence that risk assessments have been carried out and in addition the pack includes a Contractors Appraisal form to be used each time a Contractor is employed. The Guide is available for only £59 including VAT, to order your copy call 0845 257 6374 or buy in our shop at www.flatliving.co.uk

Residentsline warns about the risk of squatters Property owners should check their Legal Expenses policy to ensure that cover extends to removal of squatters. If they have none, then such cover should be seriously considered according to Residentsline. Laurence Hughes, Business Manager for Residentsline said “it is estimated that there could be as many as 20,000 squatters in the UK and is more prevalent in domestic properties. It is imperative that adequate measures are put in place to prevent squatters from entering and taking ownership, as obtaining interim possession

orders from the courts to remove squatters can take time as well as being significantly costly. Property Managers and Residents’ Management Companies should be aware of this increasing problem and ensure that they have legal expenses cover as well as ensuring appropriate security measures, if these are not already in place. Remember, as squatters in your property are a material change to the occupancy of your property, please advise your Insurance Company of the change”

Flat-Living.co.uk

services for managing agents, freeholders, developers and RMCs

Advice

Getting the Right Advice Either as tenant or landlord you need proper advice. Justin Bennett of LBB Chartered Surveyors was a surveyor in one of the earliest cases under the Leasehold Reform Housing and Urban Development Act 1993 of Willingale v Globalgrange. In the above case the landlord (The Langham Court Hotel) failed to respond to a tenant’s Notice to enfranchise and had not only to accept the substantially reduced price offered but also the terms of the transaction, which meant that the hotel lost its fire escape right over the enfranchised building. The case reached the Court of Appeal. The moral behind this story is that getting the right advice is crucial.

landlord – particularly if this is one of the Central London estates or private landlords, such as Freshwater.

in pARTICULAR For Solicitors: You should also consider their: 1. Knowledge of company law and Participation Agreements; 2. Ability to grant new leases; deal with the Notices; and any applications required.

Choosing Your Advisers:

in particular For Surveyors:

You need to prioritise not just on the cost of advice alone. You should firstly consider the credentials of the solicitor or surveyor in the following areas: 1. Knowledge of the law; 2. Experience of litigation particularly at LVT; 3. Area of expertise – geographical as well as the legislation; 4. Experience of dealing with your

You should consider: 1. Are they a specialist? 2. Are they prepared to offer an initial consultation without charge? 3. Are they able to work to your timescales? 4. What service do they offer? For example, a desktop valuation advice or formal advice by way of inspection and valuation only?

In relation to the surveyor, dependent on your circumstance, your needs will be different. If you are selling – maybe all you need is an indication of price (this is known as a desktop valuation). If you are definitely proceeding then you should obtain a formal valuation. That advice should provide you with a range of values to allow for the best and worst case scenarios. Always budget on the worst case scenario. When getting this advice have the following information available: 1. 2. 3. 4.

5. 6.

Summary of your lease (how long and ground rent); Size of your flat (floor area with basic room details); Location; Type and nature of building – if enfranchising, number of flats and number planning to join in the process; Name of your landlord; Be clear about the purpose of your valuation.

Only once you have this information ask your adviser to provide you with a quotation.

Health & Safety – Top Tips Health and safety is not the most exiting subject in the world to read about and in fact most of us do not read much about it at all until a tragic accident happens and it is in all the papers and on the news. The good thing is, if you employ a professional contractor, they will have all the necessary training and accreditations in place so the risk of any health and safety issue will be cut down. Here are some top tips to help with health and safety:1. Ensure communal hallways and stairs are clear of boxes, push chairs, bikes, furniture and any other bulk belongings, because if there is a fire then this will cause obstructions when trying to evacuate the building and for any fire fighters trying to enter. 2. Slips and trips hazards – make sure that stair nosings are secure, carpets are in good condition, path ways and steps have anti slip measures. According to the HSE website, slips and trips are one of the most common reasons for 08

the public to be hurt with breakages of limbs and hips on the increase. Working at height should be kept minimal so use long life bulbs in high/ hard to get to light fittings. Use window cleaners with the water fed pole systems. When choosing a contractor, ask what accreditations they have – SAFEcontractor, Chas, Safe4site and Constructionline are all recognised and proves that the contractor cares and practises good health and safety. Fire safety – check that you have a fire risk assessment in place – this has to be done regularly by law and could save lives. If you see something that could potentially be a risk, do not presume someone else has reported it. Ensure lighting in the communal areas is adequate and that if bulbs are out, they are changed immediately – poor lighting can attribute to slips and trips. Try and think ahead, if you have external car parks and paths that in snow and ice are lethal, order your rock salt well in advance of the bad weather, because when the snow comes, supplies of rock salt are very hard to get.

If any works are to be carried out, ask your contractor for a copy of the risk assessment and method statement and when they come to do the work, check with the employee that they also have this so that the works are carried out in a safe manner. 10. Most health and safety issues are caused by not using common sense and not being aware of your surroundings so if carrying out any work, check it is safe to do so and that all measures are taken to ensure the safety of yourself and others. This is not an exhaustive list and each job carried out, requires different health and safety measurements and as said at the beginning, employ a professional contractor and they will take the worry out of health and safety for you. The GOL Group offers communal cleaning and gardening maintenance along with specialist cleaning including graffiti removal, professional carpet cleaning, hard floor maintenance, junk removal, pressure washing. We are investors in people, ISO9001 and 14001 credited, and have the following health and safety accreditations – SAFEcontractor, Safe4Site, Chas and Constructionline.

Service Charge Arrears? Ground Rent Arrears? professional services firm of the year 2009

SLC | solicitors • no

upfront charges • no recovery no fee • easy to instruct • nationwide

for more information please contact Karen Bolland

free * outsourcing

0845 1 700 700 nationwide service - no legal costs paid by client*

late payment interest, admin charges and legal costs recovered* *subject to lease

www.servicechargearrears.com

Flat-Living.co.uk

Interview

The man at the top Flat Living met and spoke with Lee Middleburgh, the man at the top of peverel, one of the uK’s largest managing agents. dealing with disputes or difficult issues. I firmly believe that building positive and constructive relationships drives new business and that by sticking to these principles for a long time the end result is a business to be proud of. What has been the company strategy during the recession? How have you fared these past 12 months?

What is it about the leasehold sector that interests you? Residential Property Management has that wonderful mixture of customers that you can get to know, teams committed to providing great service, a complex regulatory environment and the need for practical and sensible solutions to unusual problems. Frankly at any level you either thrive in this cocktail or you hate it! It is clear that the industry is at the beginning of a period of change. The old standards and ways of working simply will not do, we must recognise what needs to change and ensure that we deliver ‘worthwhile and valuable change’ for our customers. How long have you been working at Peverel Property Management?

For us the last two years have been immensely busy as we have integrated a number of Property Management businesses within the division. This has been an immense challenge and one the team has been committed to achieving. At the same time some of our customers have been affected by redundancies through job loss as well as having less disposable income. This means we have had to rise to the challenge of becoming more transparent in our explanations of what we do and at the same time where we are able to work harder to provide payment plans and sympathetic credit control. This has not been an easy task but we are committed to becoming ‘easier to do business with’. Another part of our strategy during this last period has been to deliver increased customer service training across our business and to remain committed to the development of our teams. Saving cost in these areas was not an acceptable option to us. This has culminated in us receiving the prestigious Investors in People (IIP) accreditation in November 2009 that reflects both the commitment and professionalism of our team. What are your future plans?

I have worked for Peverel Property Management for a little over four years, I have to say that it has been one of those periods in your working life that stands out as one where you learn more about people and doing the job. Without doubt no two days have been the same. You are one of the largest, if not the largest, managing agent in the UK; how did the company achieve this position? We don’t set out to be big. We do set out to deliver good service, to be helpful to clients and customers, to forge relationships and seek to find common ground when

We will start with our customer’s requirements and do whatever they need us to do, whether that is to improve our communications standards, the clarity of our communication, transparency of our business processes or making sure that they always have someone knowledgeable and approachable to deal with.

and through our own experience we need to provide just three things: 1 Skilled and knowledgeable Property Managers who can see what is happening on the developments and who can get things done. 2 High quality and timely accounts and expenditure information that is easy to read and is informative. 3 An Office based Customer Services team that can be contacted the way our customers want to contact them, that is seen to work as a team with the Property Manager and is able to reassure that problems can be resolved. What upcoming regulation will either adversely or positively affect your business in the future? We know that we will see the last parts of The Commonhold and Leasehold Reform Act passed. We will see more Health and Safety compliance, especially as a result of the recent tragic loss of life in the Camberwell fire, but critically for the long term health of the Property Management profession we will hopefully see the introduction of regulation and practice accreditation. What is the best thing about property management? And the worst? Seeing younger property managers develop, accept increased responsibility and gain the appreciation of their customers is the best thing. The cynics are the worst. How do you fill up what little spare time you have? If I can combine a long drive with music and a camera then I am at my happiest.

What is the key to success to successful property management? It is increasingly clear through all of our discussions with customers, through our market research, customer focus groups

Flat-Living.co.uk

Legal update

Enforcing service charge payments

be relieved if the leaseholder pays all outstanding service charges, together with the landlord’s costs of the proceedings. The result being, where forfeiture is available, that it is the defaulting leaseholder, not the service charge fund or the landlord, who ultimately bears the landlord’s reasonable costs of any enforcement proceedings.

Make no provision The conventional form of a lease is not designed to operate in the now common circumstances where forfeiture is not readily available. A typical lease will either make no provision at all for the recovery of the landlord’s legal and other costs of enforcement, or else, the lease will only provide for the landlord’s costs of enforcement to be recovered from the service charge, rather than borne solely by the defaulting leaseholder. If legal costs cannot be avoided by avoiding litigation in the first

place, the objective of the RMC must be to try and recover its costs from the defaulting leaseholder. Recovering these costs as part of the service charge (which will only be possible if the leases make clear provision for it) is very much a second best outcome: in this eventuality, each leaseholder, including the defaulting leaseholder, will be liable to pay their proportionate share of the landlord’s costs. This is unfair and likely to be a source of resentment among those leaseholders who have paid their service charge in the first place. Unfortunately, ensuring that the enforcement costs only fall on the defaulting leaseholder is not always be possible to fully achieve. A strategy is to try to get into the position to either forfeit the lease, or at least to serve a section 146 notice as soon as possible after it becomes clear that the leaseholder is, without good reason, refusing to pay. In order to forfeit a lease for the non-payment of service charges (unless the lease reserves the service charge as rent or additional rent), a notice under section 146 of the Law of Property Act 1925 (the LPA) must first be served on the tenant. Section 146(3) of the LPA imposes an obligation on the leaseholder to pay the “reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor and surveyor or valuer or otherwise in reference to any breach giving rise to the right of re-entry or forfeiture”. Hence, the earlier the landlord can get to the stage of validly serving a section 146 notice (and if need be taking the ultimate step of forfeiting the lease) the better in terms of maximising the costs that can be recovered from the defaulting leaseholder. However, there are hoops to be negotiated. Section 168 of the Commonhold and Leasehold Reform Act (the 2002 Act) imposes various statutory pre-conditions to serving a section 146 notice: • • •

Effective management of service charge arrears is essential for all Resident Management Companies (RMCs) and, by extension, the leaseholders that are dependent on them to provide services, writes Stan Gallagher, Barrister, Tanfield Chambers.

s with any landlord, an RMC is obliged to perform the landlord’s covenants whether or not some or all of the leaseholders are actually paying their service charges: see Yorkbrook Investments v Batten (CA). However, unlike external landlords, a RMC will have no funding other than what it collects as service charge. Arrears therefore threaten the RMC’s solvency. Enforcing payment of service charges is more difficult these days. Consider the twin peaks of: 12

The further statutory constraints (but as yet not the wholesale abolition) of the right of forfeiture for the nonpayment of service charges by residential leaseholders; and 2 The concurrent (but not exclusive) jurisdiction of the Leasehold Valuation Tribunal (the LVT) to determine service charge disputes. Unlike the Civil Courts, the LVT has very limited powers to award costs. The traditional form of long residential lease is a product of the days when the landlord’s principal remedy for unpaid service charges was to forfeit the lease. Broadly, the right of forfeiture (as moderated by rights of relief against forfeiture) amounts to a security for compliance with the tenant’s covenants: generally, forfeiture will only be relieved on terms that fully compensate the landlord for the breach, for example a forfeiture for non-payment of service charges generally only will

Legal update

the complained of breach has been finally determined by the LVT; or the tenant has admitted the breach; or the breach has been the subject of a determination by a court, or an arbitral tribunal in proceedings pursuant to a post dispute arbitration agreement.

In cases, where the lease reserves the service charge as rent and provides that it is recoverable as if rent, there is no need to serve a section 146 notice as a precursor to forfeiture proceedings in the event of non-payment. However, such service charges nevertheless fall within the statutory definition of “service charges” (section 18(1) of the L & T Act 1985) and are therefore subject to statutory protection. Consequently, forfeiture of the lease for non-payment of service charges reserved as rent is subject to the restrictions on forfeiture that are imposed by section 81 of the Housing Act 1996. These largely mirror the requirements of section 168 of the 2002 Act.

Case Study: Pullman Court, London The difficulties can be illustrated by the recent LVT decision in Pullman Court (Claim No. LON/00AY/ LSC/2008/0354: decision dated 16th April 2009). PC is a block of approximately 200 flats. It has a RMC. The RMC had been badly let down by its former managing agents. A very small minority of leaseholders, whose number included members of the previous board of the RMC (who had appointed these former managing agents) were in significant service charge arrears. However, most

leaseholders were up-to-date with their service charge payments. County Court proceedings were brought against the leaseholder (R) who owed the most, including undisputed elements of the service charge, such as the costs of insuring. The County Court entered judgment against R for the unpaid insurance and transferred the balance of the claim to the LVT. A small number of leaseholders joined the proceedings before the LVT and, essentially, adopted R’s

case. The final hearing before the LVT extended over six days, required expert evidence and resulted in the RMC incurring considerable legal costs. Largely by reason of the action (or inaction) of the former managing agents, in failing, without good reason, to ensure compliance with the service charge consultation procedure, the LVT held that some elements of the arrears were irrecoverable. However, the balance of the arrears was determined by the LVT to be properly due and payable.

The LVT’s determination was endorsed by the County Court on application to the County Court (which was opposed by R, who had costs awarded against him). Consequently, in the event of continued non-payment by R all of the means of enforcing County Court judgement debts, including forfeiture, remain open to the RMC company. Similarly, it is now open to the RMC to serve section 146 notices and, if need be, to forfeiture the leases should the arrears and costs not be paid.

Flat-Living.co.uk

Legal update

Unpaid service charge An admission by the leaseholder is sufficient. In all cases of unpaid service charge, the RMC should consider whether there is a dispute as to liability, as opposed to an inability to pay. Further, if there is a genuine dispute as to some elements of the service charge (e.g. the costs of major works), there may be no dispute as to other unpaid elements (e.g. the insurance and the porter’s wages may not be in dispute) and the leaseholder may be prepared to admit these undisputed items. The strategy should always be to identify at an early stage whether there is a genuine dispute and, if so, to limit the scope of any proceedings accordingly. The next point to seek to obtain an admission/ further admissions is once the claim has been issued in the County Court. Experience shows that many claims commenced in the County Court are either admitted or result in a default judgment. The County Court procedure will require the leaseholder to issue a notice of intention to defend (if not judgement will be entered for the landlord in default). If the claim is defended, it is likely, though not inevitable, that it will be transferred to the Leasehold Valuation Tribunal. A determination by the LVT may be enforced as if a judgement of the County Court with the permission of the County Court. It is necessary therefore to apply to the County Court if it is intended to enforce the LVT

decision as if a judgement of the County Court. Once granted the usual options for enforcement of a County Court money judgment are open to the landlord, for example by a statutory demand (as a precursor to bankruptcy proceedings), or by obtaining a charge on the leasehold flat. Broadly, serving a statutory demand is likely to be highly effective if the leaseholder is solvent, but unlikely to be effective if the leaseholder has little equity in the flat or other assets (in which case the mortgagee as a secured creditor will rank above the landlord in a distribution).

Caution is required For variety of reasons, not least in terms of recovering costs, once a judgement has been obtained, the best means of enforcement may prove to be the section 146 and forfeiture route. However, caution is required. It is unusual to get as far as forfeiting a long residential lease and doing so may be regarded by the Courts as an extreme step. Further, depending on the circumstances, there may be of potential complications, including, circumventing an debarring order that may have been made under section 20C of the L & T Act 1985. The upshot is that specific legal advice should be obtained before bringing forfeiture proceedings.

The managing agent says…. For any block where service charges are payable but particularly for RMCs the management of arrears is at the heart of good administration. Most RMCs do not have company assets to lend to the service charge when funds are short, yet the responsibility remains with the RMC to continue to provide services and undertake works. Remember, an agent or their client many be committing a fraud if they instruct a contractor to do works knowing there are insufficient

The solicitor says… If you face a problem with arrears of service charges then seek advice at an early stage. The longer you leave the problem the more the arrears build up. They won’t reduce by you doing nothing. Communicate with the lessee and address any concerns raised by the lessee. If the problem persists, • Obtain advice from a solicitor; • Choose a solicitor with the right expertise. Telephone initially – few solicitors charge for that first conversation especially if they think there will be a job in it; • Agree the next step and the costs of any work 14

• •

done by the solicitor such as limited instructions to review the lease and write to the defaulting lessee and their mortgagee; Agree any action to follow and put in place the legal team; Work as a team: Managing Agent – Solicitor – Barrister (in some cases).

The economic climate has caused an increase in service charge arrears but it has not made recovering the arrears any more difficult. Arrears can be recovered cost effectively and successfully. Andrew Raby, partner at Thackray Williams LLP

funds to pay for it. The agents’ ability to promptly issue budgets and accounts, issue demands (and statements of rights and obligations) and chase arrears ensures the cash flow to the RMC to undertake works and also lays the foundation for any legal action. If the paperwork is wrong from the outset the ability to recover the sums demanded (and costs) may be seriously prejudiced. Andrew McKeer MRICS FIRPM, Director, Prior Estates Ltd

Flat-Living.co.uk

Health & safety

Asbestos:

Health & safety

are you liable? A new campaign launched by the Health & Safety Executive in November highlights the dangers of working with asbestos. RMC directors should be aware of the issues surrounding this dangerous material and make sure they understand their obligation to protect fellow residents, visitors and contractors, should asbestos be present in their building.

sbestos was used extensively as a building material in the UK from the 1950s to the mid-1980s and any pre-2000 building could contain this potentially hazardous substance, which was most commonly used for fireproofing and insulation. Although building materials containing asbestos aren’t dangerous in themselves, if they are damaged or disturbed any airborne asbestos fibres become extremely dangerous, with the potential to cause fatal respiratory disease. So if repair and maintenance work is being carried out on a building, it is vital to know whether asbestos is likely to be encountered. An estimated 4000 people a year die from asbestos-related diseases and this figure is increasing (source: HSE). The Control of Asbestos Regulations were introduced in 2006 to reduce exposure to asbestos containing materials (ACMs) by placing a legal obligation on anyone responsible for managing buildings to ensure that asbestos is dealt with safely. Because the regulations apply to non-domestic premises, RMC directors may wrongly assume they don’t apply to them. However, although individual dwellings do not fall within the compass of the legislation, the common parts of domestic premises - which are the responsibility of the RMC - do. The HSE lists these as areas such as entrance lobbies, corridors, walkways, lifts and lift shafts, staircases, boiler houses, risers, gardens, yards and outhouses. The tenanted parts of a building are excepted but this delineation may not always be as simple as it at first appears and you may need to take professional advice to determine which parts of your building really are ‘common’ areas.

How do I comply with the regulations? Under the regulations, RMCs are designated ‘dutyholders’ and have a legal obligation to protect residents and others from exposure to asbestos. But if this sounds daunting, don’t worry. There is plenty of information available to help RMC directors understand and comply with the regulations. 16

The HSE sets out dutyholders’ obligations as follows: • • • • • •

Either find out if there is asbestos on the premises, its location and what condition it is in, or make a presumption that asbestos is present, unless you have strong evidence to the contrary; Make and keep an up-to-date record of your findings; Set out a plan that details how you will manage any risk; Take any steps needed to put the plan into action; Review the plan on a regular basis; and Set up a system for providing information on the location and condition of ACMs for anyone who is likely to work on or disturb them.

It is important to keep a written record of any work carried out and ensure that the building is checked at least once a year to flag up any damage or deterioration to AMCs that needs attention. You must also ensure that anyone who may come into contact with ACMs, such as building contractors, are aware that they may be present so they can take the necessary precautions. Complying with the regulations does not mean removing all asbestos from your building. Your duty is to protect residents and others visiting or working on your building from risk.

One of the duties imposed on RMCs under company law, is to ensure that contractors who carry out work do so properly. Nowhere is this more important than where works involve asbestos. Anyone working on the building, for example telephone engineers, painters and decorators, roofers etc, must be alerted to the possibility of the presence of asbestos. Be aware that you need a trained contractor to work on materials such as asbestos cement, textured coatings or vinyl tiles. Only licensed contractors can work on high-risk materials such as pipe insulation, asbestos insulating panels or sprayed asbestos.

Don’t ignore the risks It is important not to underestimate the importance of the asbestos regulations. If you ignore them you will be breaking the law and could be prosecuted. The maximum penalty for non-compliance is a £5,000 fine or imprisonment or both. Don’t forget that the responsibility for compliance with the regulations lies with the RMC – even if you appoint a specialist to assess your building and carry out any necessary work, you must be involved in the final assessment of potential risk. There is no doubt that the numbers of personal injury claims being brought by people suffering from asbestos-related illnesses are increasing. However, the likelihood of RMC directors being sued for negligence is small, according to Steve Smith from liability insurance

Case Study: Bureau Veritas Asbestos management consultant Bureau Veritas works with clients to ensure they are complying with the Control of Asbestos Regulations. First, the need for a register of asbestos containing materials (ACM) is assessed by the age, design and construction of the premises in question.

A survey is then undertaken to verify, by sampling, whether ACM have been used in the areas of the building identified in the register. According to the company, the types of ACM most often found in common parts of multitenanted buildings, are cement roof sheets to outbuildings, insulation to pipework in

boilerhouses, ceilings to walkways and backing panels to riser doors. Anyone planning and coordinating building maintenance work is obliged to consult the register to see whether ACM are present in the areas needing work and, if necessary, arrange for their removal before maintenance

work is carried out. Bureau Veritas also recommends that the register is checked if premises are damaged by fire or flood, or following any other accidental or deliberate disturbance so that any necessary works can be carried out quickly and safely.

Flat-Living.co.uk

Health & safety

specialists Angel Underwriting. He explains that the majority of cases are brought against employers rather than individuals and that where works to premises are concerned, it is tradesmen who are more likely to be at risk than tenants and contracting companies who will be in the firing line should ill health be the source of a future claim. In the worst case scenario, he believes most Directors and Officers Liability Insurance policies should cover actions against the individual in such situations however no precedent has yet been set. Smith’s advice is to check the wording of your policy and stay within the law. “The burden of proof in a personal injury case lies with the claimant, who has to prove that a person or organisation has been negligent, so as long as you can prove that you have followed the law and have written evidence to show you have done everything you are required to do, there is little risk of a successful claim being brought against you”.

•

For general information on asbestos go to http://www.hse.gov.uk/asbestos/campaign/duty.htm

•

Go to http://www.hse.gov.uk/pubns/manageasbestos.pdf for HSE’s simple eight-step guide to managing asbestos in buildings.

•

The RICS guidance note ‘Asbestos and its implications for members and their clients’ gives advice and tips. Tel 020 7222 7000 for more information or go to www.rics.org

•

For further information on arranging an asbestos report, go to the Flat Living website at: www.flat-living.co.uk/products/asbestos_survey.htm

Leasehold property?

Case Study: Identifying your duty of care RMC directors should be aware that, depending on the specific detail of their lease covenants, landlords are often responsible for the structure of their building and the tenant for the internal surface finishes. This is relatively straightforward in terms of normal repair and maintenance. However, where asbestos is concerned,

complications may arise. A steel beam or column within an individual flat is obviously structural and so presumably is sprayed with asbestos fire protection but what if the fire protection is in the form of asbestos insulating board cladding? In this case, it would be considered an internal finish and therefore the responsibility

of the tenant rather than the landlord. Communal services such as pipes in riser ducts may pose a similar problem. Regardless of statutory responsibility the landlord may owe a duty of care to occupants and should ensure that asbestos-related information is passed onto them so that inadvertent

disturbance of asbestos containing materials does not endanger occupants’ health, contaminate other tenants’ properties or the common areas of the building.

Paul Winstone, Director, Watts Group PLC and Chair of the RICS Asbestos Group

For expert legal advice on

lease extensions or purchase of freehold call us on 020 8663 0503 www.thackraywilliams.com

Flat-Living.co.uk

ARMA

The industry says... The Association of Residential Managing Agents’ (ARMA) 14th annual conference, 2009, took place in the Queen Elizabeth II Conference Centre, westminster - below Flat Living provides a fascinating insight of the day’s events. Brett Williams, ARMA’s Chairman, opened the conference and his third year in office by explaining some of the significant achievements and activities of ARMA over the last year. These include an ARMA representative being invited to sit on the Property Standards Board (PSB), the development of a Code on lettings in leasehold as well as a property manager’s guide to fire risk assessments which should both be available this year. It was then that Brett was able to announce that ARMA had signed up to the independent Surveyors Ombudsman Service (SOS) which has since introduced a robust, efficient element to ARMA’s complaints procedure. The first guest speaker of the day, Baroness Maggie Jones who is the chairman of the SOS, welcomed ARMA to the scheme and elaborated on its importance during her session. ARMA’s chief executive, David Hewett gave crucial guidance on the impending new accounting regulations: S152 and S156; the final critical elements of the infamous CLRA 2002. David announced there will be a requirement to hold lessee service charge funds in designated bank accounts and that a prescribed form of annual service charge accounts will have to be issued within six months of the year end. He reinforced ARMA’s support of the new regulations and their importance in the protection of and accountability for lessees’ service charge funds. Undoubtedly, one of the key skills in a property manager’s life is to prepare for the unforeseen. This was what David Clark, managing director of Mainstay, spoke on and he provided delegates with some inspiring and creative advice on how best to prepare for and deal with various property management crises that can arise. This neatly linked in with a session from Andrew McKeer, director of Prior Estates Ltd, on arrears, debt management and the LVTs. Andrew and his fellow speakers, Andrew Raby of Thackray Williams Solicitors and Stan Gallagher of Tanfield Chambers, drew on their collective experiences to advise on arrears prevention, the legal process of

debt collection and how the LVTs can be used on the process. After lunch, delegates were treated to a dramatic simulation of a fire which opened a riveting session on the importance of fire risk assessments in blocks of flats. Sam Fentem, director of Premier Estates Ltd, related his experience of a massive fire in a converted mill of 72 flats which resulted in the complete destruction of the building and many residents being left homeless. His powerful talk really centred everyone’s attention on the importance of carrying out an efficient emergency plan. Sam’s experiences were backed-up by his co-speaker in the session, ARMA’s health and safety consultant David Foster of Eljay Health and Safety, who provided guidance on the fire regulations and what ARMA is doing to provide further direction. It was particularly beneficial for the Conference to welcome a government speaker, Simon Llewellyn, then head of private housing at Communities and Local Government (CLG), who described to the delegates that the government is seriously leaning towards statutory regulation of managing agents along with all other agents involved in residential property. The day was rounded off with a lively panel session chaired by TV property presenter, Martin Roberts. The panel was made up of representatives across the industry, including Tony Essien, chief executive of LEASE, and provided a variety of opinions on some of the major issues in block management today. It was also an opportunity for the delegates to put their questions and opinions before the collective voices of the leasehold sector. The ARMA Conference sold out weeks before it took place and was attended by over 500 property managers, accountants, lawyers and directors of residents management companies as well as representatives of government and other trade bodies. This must firmly cement it as the one true event for all those involved in residential leasehold and must surely by now be a regular entry in every property manager’s diary - this year’s conference will be taking place on 4th November so get it in your diary and book early!

1 2 2

4 KEY: Area 1: North West Area 2: North East Area 3: Midlands Area 4: Wales

A packed conference hall.

The ARMA Conference was a high-tech affair. David Clark, Managing Director of Mainstay Group, imparting wisdom on what to do when things go wrong.

ARMA’s Chairman, Brett Williams, brings delegates up to date on the association’s many activities over the last year. 20

PROPERTY MANAGEMENT SERVICES Providing a straightforward, flexible and professional approach to property management.

Andrew McKeer, Director of Prior Estates, Stan Gallagher of Tanfield chambers and Andrew Raby of Thackray Williams Solicitors deliver combined advice on arrears, debt management and the LVTs.

Call 08452 571164 galbraithproperty.com

Northampton / Birmingham / Cardiff / Newport / Bournemouth / Bristol

Flat-Living.co.uk

ARMA

GETTING THE BEST FROM YOUR MANAGING AGENT A managing agent cannot work in isolation and it is critical to future management arrangements to establish at the outset a number of points such as: what responsibilities and authorities that agent will have; standards of work demanded; response times and other timescales for action; the authorised lines of reporting and communication.

Both the individual leaseholders and the agent must be clear as to from whom instruction is to be received. The usual and most effective arrangement is for the agent to attend, and report to, meetings of the Board of the residents’ company. By treating the agent as a form of general manager, he or she will provide useful input to policy and take overall responsibility for day-today affairs. Meetings should be properly organised and the Board’s instructions to the agent clearly minuted. The board should set clear lines of communication, understood and observed by both sides. The agent should not need to interpret unclear instructions, nor should they receive differing instructions from individual members of the board. Remember that the agent cannot take instructions from the Board that would put him

ARMA

in breach of any landlord and tenant law, code of practice or other statutory guidance, e.g. Health & Safety legislation. The Board should also establish how the agent is to respond to questions from individual residents and his accountability to those individuals. The residents should be clearly informed by the Board of the identity of the agent, his duties and the limits of his authority. Although the agent will be working for the residents as a whole, his employer is the Board, and the residents must be clear that he carries the authority and support of the Board in all his actions. The agent should not be placed in any position of ambiguity in dealing with individual flat-owners and, of course, cannot take instruction from them. For more information on appointing a managing agent see www.arma.org.uk ARMA Map Square:KFH ARMA Map 28/1/10 12:40

Page 1

Maybe it’s because we are Londoners… ...we have great relationships with those of you living in blocks of flats in London. For residential estate management Call 020 8739 2150 Email propman@kfh.co.uk

Flat-Living.co.uk

ARMA news round-up

ARMA

NEW SERVICE CHARGE ACCOUNTING REQUIREMENTS EXPECTED IN APRIL 2010

david hewett, Chief executive of ArMA reports t is seven years and six months since the Commonhold and Leasehold Reform Act 2002 received the Royal Assent, but at the time of writing the last two crucial sections still have yet to see the light of day. ARMA has always seen that these two sections on accounting for and holding of lessees’ service charge funds as the most important of the leasehold reforms in that Act. Although the Government has indicated a commencement date of 6.4.10 , there is now growing concern that, because the relevant Regulations have not yet been published, there may not be time to prepare for that date and therefore there may be a further postponement. Whether self-managing or using the services of a managing agent, we still have no final idea what the required separate bank accounts must be called nor how they will have to operate. Many residents management and Right to Manage companies are likely to have to open a new bank account (there are over 60,000 of them) and managing agents still using a single client bank account will be faced with opening an account for each client. Will the banks be able or willing to do this in just a few short months? And will the banks even understand what is required of them? A similar problem arises with the new, prescribed annual summaries of accounts which, on an accruals basis, will require an income and expenditure account, balancing statement and details of movements on reserve funds. Time will be needed to revise accounting procedures and adapt related software. As soon as the Regulations are available, ARMA will be publishing a detailed Lessee Advisory Note on its website www.arma.org.uk and, of course, the next issue of Flat Living will have a full report.

FirsT oMbudsMAn AppoinTed For residenTiAL LeAsehoLders Residential leaseholders have recourse to independent adjudication on disputes through Leasehold Valuation Tribunals and even the Courts but these can be time consuming, costly and often have little jurisdiction over many of the disputes that arise. Complaints relating to matters such as poor communication, not delivering the promise and accounting issues fall into the category of outside the LVT and Court jurisdictions. As a result, and in line with government policy, the Association of Residential Managing Agents (ARMA) has now made it a requirement that its members must belong to a fully recognised ombudsman scheme. While ARMA members can join the Housing Ombudsman or the Property Ombudsman, the recommended scheme for its members is the Surveyors Ombudsman Service (SOS). “It was a logical step for us to go for SOS as nearly 50% of our members are Chartered Surveyors and SOS was set up by the Royal Institution of Chartered Surveyors for its members,” comments Brett Williams, ARMA’s chairman. “Furthermore SOS is already handling cases relating to residential leasehold issues.” [See the SOS’ annual report at www. surveyors-ombudsman.org.uk]. In future, leaseholders in properties managed by ARMA members will, after they have gone through the member’s own in-house complaints procedure, be able, at no cost, to take their complaint straight to the ombudsman. If the complaint is found to fall within the ombudsman’s jurisdiction, an entirely independent review of, and decision on, the case will be made. The decision, if accepted by the complainant, is then binding on the member. “It will now be the independent ombudsman who will investigate 24

the conduct of our members,” concludes Williams, “and will report to us if a member is found to be seriously wanting. We see this step as bringing us to the level of redress that we want to be able to offer to our members’ clients and customers.” Lewis Shand Smith, Chief Ombudsman of SOS, adds: “We are delighted that ARMA has decided that its members should join the Surveyors Ombudsman Service. As a professional ombudsman scheme we are happy to welcome any firm which provides services to the property sector. Our members include Surveyors, Estate Agents, Managing Agents and Letting Agents. In such a difficult economic climate it is essential that we work together with the property industry to give confidence to consumers that if things go wrong, effective independent redress is available.”

KEY: Area 5: North Thames Area 6: South Thames Area 7: South West Area 8: Devon & Cornwall

MAnAgeMenT ChAirMAn geTs The go-AheAd For A Third YeAr Critical factors affecting the managers of residential long leasehold property have led to the chairman of the Association of Residential Managing Agents (ARMA) being appointed for a third year in office. Talking to members of the Association at a packed annual general meeting Brett Williams explained why he was offering himself for election for the extra term over the normal two years. “For some while now we have been working on three key step-changes for our sector in the form of mandatory regulation, an OFT-approved redress scheme and nationally recognised standards. I have asked for and received unanimous support from ARMA’s members for the extra time to see these through or make substantial progress before I stand down.” Brett, who is a chartered surveyor and fellow of the Institute of Residential Property Management is a partner at Curry & Partners in Birmingham.

5 7 6

Flat-Living.co.uk

ARMA

ARMA LESSEE ADVISORY NOTE: LAN 12 Anti-Social Behaviour Note:- One of ARMA’s key roles is to provide its members with technical support. However, from time to time, technical or other issues arise where guidance for lessees as well as their property manager is deemed appropriate. Such guidance is contained in these Lessee Advisory Notes (LANs) which ARMA members can copy and distribute to their clients and lessees as appropriate.

SUMMARy •

• •

•

The ability of private landlords of long leaseholders and their agents to deal with anti-social behaviour as landlords is limited by the terms of leases and legal restrictions on the action landlords can take. There is however a range of other remedies available to lessees for different types of anti-social behaviour. Unless there are exceptional circumstances ARMA recommends that the lessee suffering the anti-social behaviour is better advised to take initial action him/herself. This advice note gives information on practical ways for lessees to tackle anti-social behaviour (ASB).

What Can You Expect from your Landlord or Agent? Many lessees believe that agents have a big stick to wave at anti-social behaviour in blocks of flats. This is not so. Most leases will contain covenants which say leaseholders shall not cause say nuisance and annoyance to neighbours. There may be more specific restrictions such as no loud music between say 11pm and 7.30am or that floors should be carpeted. These clauses are all well and good but in practice difficult to enforce for several reasons. The meaning of the covenant should be clear before considering enforcement. Any benefit of doubt over the meaning will always be given to the lessee. The lease may not contain a clause that requires the landlord to enforce the covenants; if it does not there is no obligation on the landlord to take any action. Even if the lease does contain a clause requiring the landlord to enforce the covenants against other lessees, a mutual enforceability covenant, there is usually a catch; the catch is that the complainant leaseholder suffering the noise will have to pay the landlord’s costs of enforcing the covenant. So how does the landlord enforce a covenant against anti-social behaviour? First of all the agent would want to check that there was a genuine problem. If yes then a reminder letter to the offending lessee may work. If it does not, then the legal remedies open to the landlord are an injunction or forfeiture. Forfeiture (a procedure to seize the flat from the lessee) is not an easy route for landlords requiring a tribunal and then, if successful, a court appearance. It will be extremely costly; and will not produce quick results. However, the threat of forfeiture may well produce a response to some problems. Injunctions may be a quicker remedy but will be very costly. For all the above reasons the more practical route for a managing agent faced with distressed lessees complaining about anti-social behaviour from neighbours is to offer advice on how they can take better and cheaper action themselves as set out below. Finally remember that your agent is just that, an agent. The agent must take instructions from the client landlord or resident management company or right to manage company before taking any action.

Practical first steps The majority of anti-social behaviour complaints in blocks of flats arise from noise, from DIY, music at the wrong times of day or night or dogs. Many arise from sub-tenants.

•

Unless you are dealing with serious or violent behaviour e.g. racial harassment, it is often better to start with practical steps yourself. Approach the other lessee or his/her tenant causing the problem amicably. He/she may not be aware that their behaviour is causing you a problem. Mediation works well for noise, dogs, parking and boundary disputes. There may well be a local scheme available free or at low cost you can use. To find the nearest mediation service contact the National Mediation Helpline on 0845 6030 809 or www.nationalmediationhelpline.com. LEASE also offers a mediation service.

What Lessees Can Do • • • • • •

Take action themselves by approaching their neighbours unless there is a threat of violence. Suggest that the neighbour goes with the lessee to a local mediation service about the dispute. Approach the local authority direct to deal with noise nuisance or pet problems. Approach the local authority or police for assistance with anti-social behaviour in the local area and common parts. Ask the local Citizens Advice for specialist advice. As a last resort consider his/her own legal action against the ones causing the anti-social behaviour.

What the Local Authority Can Do All local authorities must have anti-social behaviour policies and procedures which you can ask about and seek advice. • In most areas there are Crime and Disorder Reduction Partnerships which include the police and local authority. Find out if they can help. • In many areas there are ASB co-ordinators. Ask for their help. • Apply to the court for an ASBO to stop behaviour on behalf of any tenant, lessee or owner occupier. • Use environmental health powers to tackle noise and other nuisances. • Tackle harassment or intimidation because of race or disability or religion. • Many local authorities now have ‘Envirocrime’ units that are partnerships with the police to deal specifically with litter and street cleaning, graffiti, fly tipping, dog fouling, fly posting and abandoned cars.

What the Police Can Do Take action for any ASB which is a criminal offence including: • Someone who has attacked another person. • Someone who has wilfully damaged another’s property. • Harassment or intimidation. • Inciting racial hatred. • Close down properties being used by drug dealers. And the police can also apply to the courts for an ASBO at their discretion. And if there is ASB in or near a scheme ask the police for help and advice. Local community support officers will assist and patrol more often or speak to residents about incidents. 27

ARMA

Dogs Incessant barking can be dealt with by the local authority as noise nuisance. It is also a crime to allow an animal to endanger or injure other persons. The RSPCA are also a useful partner that a lessee can contact for advice before approaching the local authority. See the leaflet for dog owners on dog barking listed below.

Hedges Local authorities have powers to deal with complaints about high (over 2 metres) evergreen hedges which adversely affect a neighbour’s enjoyment of his property. The local authority can issue a notice requiring action to be taken; failure to comply would be an offence. The local authority could then take the action itself. (See below for a helpline and leaflets.)

Injunctions Local authorities can use powers under the Local Government Act 1972 to obtain an injunction in a county court to prevent a public nuisance. These injunctions have been used to prevent begging, drug dealing and prostitution. Injunctions can be quicker than obtaining a criminal prosecution and use civil rules of evidence. Courts can also attach a power of arrest to the injunction.

Premises Closure Orders The courts can temporarily close any premises, including common parts of flats, associated with significant and persistent disorder or

MENT •

Lessees or their tenants may damage carpets and decorations by misuse leaving stains and refuse behind. Most leases will contain clauses that provide that lessees will pay for any damage they cause to the common parts. There would have to be clear evidence to identify a culprit not circumstantial.

Harassment Harassment may be dealt with in the same way as other anti-social behaviour by a direct approach and/or mediation unless there is a risk of physical violence. If there is a threat of violence you should report it to the police. It is a criminal offence to make someone believe that violence will be used against them. An ASB order may be applicable.

FURTHER INFORMATION

•

Any member of the public can ask the police or local authority to apply to a magistrates’ court for an ASBO against someone causing alarm, distress or harassment. ASBOs are civil orders that prohibit a person from specific antisocial acts and from entering a defined area on a map. They are used to tackle more serious anti-social behaviour, including families with patterns of behaviour leading to verbal abuse and intimidation.

Damage to Common Parts

If there is suspected drug dealing, police have a power to issue a closure notice on premises. The closure order will apply for from 3-6 months and during this period the property will be sealed and entering will be an offence. If you suspect there is drug dealing in a flat in your block tell the police first of all and then do tell your agent.

Anti-social Behaviour Orders (ASBO)

Report this to your agent. Please get the facts first about who caused the obstruction.

•

Acceptable behaviour agreements are used by local authorities to tackle early signs of anti-social behaviour by young people. They are relevant to issues such as graffiti, racist behaviour and threatening behaviour. Contact the police or local authority.

Obstruction of Common Parts

Drugs and Immoral Behaviour

Acceptable Behaviour Agreements

YEARS

A local authority officer or the police can issue fixed penalty notices in relation to minor graffiti and fly-posting offences.

Please report an alleged abandoned vehicle to your agent. Remember that an agent has to be cautious about removing abandoned vehicles; they often turn out not to be.

EBRATIN

MAN

Graffiti

Abandoned Vehicles

• OF PRO

Lessees are encouraged to resolve neighbour noise themselves unless there is a threat of physical violence - see ARMA LAN06 on noise problems. Local authorities can act to abate a statutory noise nuisance. There is no legal definition of what is a nuisance and lessees will need to keep records to provide evidence if the noise is infrequent. Most local authorities have emergency response teams to deal with complaints about late night parties and can issue warnings, seize offending equipment and issue fixed penalty notices.

nuisance. This power is for use as a last resort after other measures have failed and can be applied for by the police or local authority. The sort of problem it could help with would be prostitution, drinking dens or violent offences committed in the premises.

RTY

Noise

Flat-Living.co.uk

• • • •

• • • • •

The Government has a website devoted to anti-social behaviour issues www.respect.gov.uk You can search for a local mediation service on www.nationalmediationhelpline.com LEASE mediation service can be found at www.lease-advice.org or ring 0845 345 1993. There is an action help line on anti-social behaviour issues - the Respect action line - 0870 220 2000. Together = a guide to the Anti-social Behaviour Act 2003. Home Office publication. Free Leaflets on high hedges include ‘Over the Garden Hedge’ and ‘High Hedges: complaining to the council’. Download from www.communities.gov.uk/treesandhedges. Hedgeline is an independent advice line on hedge problems. Go to www.hedgeline.org or tel. 0870 2400 627. Drugs - national drugs help line 0171 928 8900 Find your local CAB Citizens Advice at www.adviceguide.org.uk. Dogs: www.dogstrust.org.uk. Leaflet on barking dogs from www.defra.gov.uk/environment/ noise/pdf/barkingdog.pdf

Specialising in Block and Estate Management since 1990

ARMA Sources LAN 06 Noise from www.arma.org.uk

Covering London and the South of England 24/7 Emergency Cover A family business offering a personal service

Association of Residential Managing Agents Limited (ARMA) 178 Battersea Park Road, London SW11 4ND Tel: 020 7978 2607 Fax: 020 7498 6153 Email: info@arma.org.uk Website: www.arma.org.uk

tel: 01344 823650 email: enquiries@jmlettings.co.uk www.jmestates.co.uk

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.

ARMA Lesse Advisory Notes also available from www.flat-living.co.uk mortimer ad new.indd 2

3/12/07 09:44:37

Flat-Living.co.uk

Legal update

In need of a quick fix? John Byers of Langley Byers Bennett provides sound advice about maintaining and repairing your block of flats. Continued on page 32 30

Flat-Living.co.uk

Repairs and maintenance

our property is probably your most valuable asset, and as a Resident Management Company (RMC) Director you have responsibility for your own property and for those of your neighbours. Buildings can be expensive to maintain, particularly when things go wrong, so a wellplanned approach to the regular maintenance and repair of a property is essential to avoid large, unexpected repair bills. A well-maintained property also helps boosts property values and creates a pleasant environment to live in. In the course of our business as Chartered Building Surveyors we often find ourselves dealing with major problems that have arisen because simple (and often inexpensive) repairs have not been carried out in good time. Maintenance is simply dealing with repairs in a planned way. Carrying out small, regular checks and repairs so defects are spotted quickly and remedied before they become expensive problems. Regular maintenance can prolong the life of building components so they last longer, and work better.

Main structural elements It is always important to consider the terms of your buildings leases when planning the repair and maintenance of your block. For most flats the obligation to carry out repairs is split between individual leaseholders and the Resident Management Company. Generally the Resident Management Company will have the responsibility for the exterior of the building, the main structural elements; such as roofs, floors, walls and so forth and the common parts that are shared by the lessees such as stairwells, landings, car park areas and gardens. The interior of the flats and their services (such as electricity, gas and water) are the responsibility of each individual leaseholder. Windows and doors are often also the leaseholders responsibility to repair, although not normally to redecorate. However leases can be drafted in different ways and it is essential to check with the leases so the right person can make plans for the repairs they are legally responsible for.

The right contractor It is important to choose the right contractor to carry out repair work. Sometimes a general contractor (a builder with the ability to carry out different types of work or pull-in different specialists) is the best choice where there is a mixture of different work required. Sometimes where the work is limited to one or particular trades, a specialist contractor would be a better choice. When choosing a contractor ask your self the following questions:

• • • • • • • • •

Repairs and maintenance

Are they a formal company? Do they have public liability insurance, and a health and safety policy? Have they been recommended to you? Can you ask a previous client of theirs for a reference? Have you, or your Building Surveyor seen their work? Are they long-established and of good repute? Have they given you a binding estimate, or complied with your formal tender procedure? Will they sign a formal contract and keep to time and budget? Are they insisting on money up front?

Guarantees of workmanship The best guarantee of a contractor’s performance is to have the work carried out under the terms of a formal building contract, administered by a Chartered Building Surveyor. They will be able to advise you as to the quality of work you should expect and be able to advise and assist you if things do not go smoothly. For all but the simplest matters a Chartered Building Surveyor’s advice is valuable in diagnosing defects, specifying the right repair work and helping you select the right contractor for the job. We have seen thousands of pounds wasted because contractors have been asked to do the wrong things, or gone about repairs in the wrong way. A considerable amount of our work arises because of disputes that have arisen because of poor workmanship, disagreement about payments or failure by contractors to return and correct or finish work. Often clients end up paying more to try and resolve a dispute than they would have done employing a Chartered Building Surveyor in the first place to help protect and advise them. For more expensive work there is a formal consultation process that Resident Management Companies must follow with their tenants.

This is set out within Section 151 of The Commonhold and Leasehold Reform Act 2002 although is commonly referred to as ‘Section 20’ from the earlier Landlord and Tenant Act 1985. This legally binding procedure requires all lessees to be given the opportunity of nominating contractors to bid for the work and give the lessees the opportunity to formally comment on the work that is proposed. If a lessee does not agree with the landlord’s proposed works or choice of contractor you have the right to say so as part of this process although ultimately the landlord has to decide what should be done.

Access problems Sometimes problems cannot be diagnosed precisely or the extent of repair work accurately predicted without special access being available (such as to high roofs) or exposure work being undertaken (such as to a concealed leak). In such cases the advice of a Chartered Building Surveyor is essential. They will know from knowledge and experience the sort of defect that may be present and be able to guide you as to the most likely investigations and repair work that will resolve the defect.

Case Study: Water damage – By Bruce Maunder Taylor

It is persistent dampness and recurring water leaks, which cause frustrating problems. An extreme example was a longterm leak from the outlet pipe of a washing machine in a second-floor rented flat in a block in Finchley, London. The old lady living below complained. Someone called, but the second-floor tenants were not in so nothing was done. The lessee who owned the second-floor flat was not really bothered, the rent was being paid, his tenants did not complain, so why was it his problem? The leak was between two flats, it did not affect the common parts so, isn’t it their problem to sort out

between themselves? But then the upstairs tenant left and the letting agent inspected. Many of the kitchen vinyl floor tiles were curling up at the edges; the hardboard beneath, which covered the floorboards, was sodden; in the bathroom, the floor was a bit springy; the bedroom skirting boards on the wall between that room and the kitchen were rotten, and there was a pervasive musty smell. Thankfully, the building insurers accepted the claim. Extensive dry rot was uncovered, the old lady beneath had to be temporarily re-housed while two complete floors were renewed, and full irrigation treatment carried out, re-plastering, refitting and redecoration. £104,000 was paid out, the insurers raised the premium on renewal and imposed a £25,000 excess for each water damage claim. Because of the claims’ history, no other company would give a quotation, and now it was everyone’s problem because of the increased service charge demands and the adverse effect on the saleability of every flat. Water leaking through a so-called pinhole in the flat roof covering sometimes has an unfortunate tendency to travel before it appears as a damaging leak some distance away. Condensation is not usually difficult to diagnose but, sometimes, psychology skills are needed to persuade the flat occupant that it is their way of life

that is to blame, or an incompetent builder. Then there is the problem of inadequate funds in the service charge account. Why? Maybe too many arrears have been allowed to accumulate? Budget squeezed too hard by the lessees’ representatives? The managing agent just did not know the building well enough to make a good judgement? Or have too many other repairs already swallowed the repairs allowance? Meanwhile, the leaks continue. A competent property manager is trained to give reliable budgeting advice, to recognise when to send an appropriate tradesman, when the circumstances need an inspection by the property manager, and when to send a specialist or a surveyor. Not only must the water damage be repaired, the fundamental cause of the penetration must be correctly identified and properly remedied. The property manager and the lessees’ representatives must work cooperatively to avoid the risks illustrated by this example. As one director of a residents management company once told a managing agent: Everybody makes the occasional mistake. Recoverable mistakes I might forgive. Irrecoverable mistakes: you pay.

Flat-Living.co.uk

Block Management Online Block Management online (BMo) is a website facility designed specifically to meet the needs of Residents’ Management Companies (RMC) and Property Managing Agents (PMA). BMO’s stylish and simple websites are designed to provide a fully featured facility for every RMC. No technical skill is required and the website can be tailored to RMC’s requirements. If your block already has a registered domain name then this can be used for the new website instead of the website address that is provided by BMO. The website includes contact forms, a community forum, documents, and news. There is also a Google maps integrated search page that allows visitors to search for local information.

The Property Database gives easy access to information about each property Broomfield Court Portal for Leaseholders, Landlords and Tenants including contact details for leaseholders, occupiers and letting agencies. As Home Documents News properties change hands this is where new owners are registered. The Property Database also retains a history archive of previous owners and a comments history for each property. Report a fault Contact us Portal log in Contact information such as emails, addresses and mobile phone numbers from the Property Database can be accessed from within the message centre thereby making it easier to send correspondence to leaseholders and/or residents. The Message Centre gives you BMO key features & benefits: quick and easy access to all messages • Your own block website for news, information and documents and received to (and sent from) your block. pre-integrated with Google maps for local news and search. The Message Centre and Property Database are connected so you can • Improved communication with leaseholders and residents by easily select recipients for a message by ticking the relevant boxes next publishing up-to-date newsletters, AGM minutes, accounts, etc. to whichever leaseholder, resident or committee member that is to receive • Reduced management cost and effort by publishing information the letter, email or SMS. Block management online also stores a range of through the RMC website. vital documents. • Makes life easier for non-resident owners who can stay up-todate and involved more easily. Contact Block Management Online on 07930 421117 or email • Reduced hassle and dependency on others by having all sales@blockmanagementonline.com for a quote or visit information available to you in one place. www.blockmanagementonline.com for more information. Welcome to our internet home page.

Here you can find useful information relating to our block and you can visit the contact us section if you wish to get in touch.

Click here to see the latest news such as information about meetings and social events, rules, changes, etc.

on 18 Document 1

on 17 Do

on 18 Document 1x on 17 Document 1

Send

Leaseholder, Landlord and Tenant portal Username Password

In the documents section we publish documents that we think will be useful for you.

Please click here to report any faults in the block or communal areas.

If you want to get in touch for any reason then please use the form on the Contact Us page.

Please log in to track progress of allocated jobs.

Messages sent here will go to our shared message box so can be read and responded to by anyone in the management team.

Click here if you have forgotten your log in details ?

Contact

Do you know how short your Lease is? If not, would you like us to check this for you free of charge?

Insurance

“It will never happen to me” In excess of 77% of all the cases Barrett Corp and Harrington (BCH) handle, involving billions of pounds worth of property, are found to be underinsured.

he reasons for underinsurance are many and varied but often the origin of the sum insured is totally unknown. Some rely on inappropriate advice, rules of thumb, the market value or take the view ‘it will never happen to me’. Sometimes there is simply a failure to update a previous valuation. BCH has also dealt with cases where the client has been reluctant to have the building valued fearing an increase in premium, not appreciating that any increase will be insignificant compared to the impact of underinsurance in the event of a claim. Many insurance policies are subject to the Condition of Average, which means that in the event of underinsurance and partial

damage, the amount that would otherwise have been paid is in proportion to the degree of underinsurance. An example is as follows: 1. Block of 10 flats Insured for £1,000,000; 2. Development should have been insured for £1,500,000; 3. Major loss occurs to the value of £600,000; 4. Due to underinsurance, insurers invoke the Condition of Average and pay only 66.67% of the loss i.e. £400,000. Leaseholders have to find £20,000 each in order for the flats to be made habitable again; 5. Potential for Directors of

Residential Management Company to be sued by other leaseholders as no formal insurance valuation had ever been conducted. 6. In addition and despite the financial penalty, which can be devastating, underinsurance can lead to disputes, protracted discussions and of course delay in reinstating the building. Any additional costs resulting from such delay will not be covered by the insurance policy. UK fire losses are at record levels and there is now greater potential for total losses than in the past, and, consequently, greater potential to test the adequacy of sums insured.

To do so please email the address of the flat and full post code to twilson@ashleywilson.co.uk. We will do the rest for you. (If you have your Land Registry title number this helps but is not necessary!) If your lease has under 90 years remaining now may be a very good time to apply to extend your Lease while prices are depressed. If so we can help you. We can also assist with the sale of your property (even with a short lease); the preparation of your HIP and all other associated property matters – whether commercial or residential..

Call Tony Wilson on 0207 802 4801 Email twilson@ashleywilson.co.uk www.ashleywilson.co.uk

Flat-Living.co.uk

Environment

Association, if you have a large, un-shaded, predominantly south facing roof space, this is ideal for solar panels. If not, they advise that panels can be mounted on other aspects or proud of the roofline. Take professional advice. The Green Book Live at www.greenbooklive. com is a free online database that lists products and installers approved under the government’s Microgeneration Certification Scheme. The Renewable Energy Association also operates its own REAL assurance scheme, listing members who must comply with the Consumer code and only use products certified under the Low Carbon Buildings Programme or the Clear Skies programme – both backed by the government. Once you have identified a reputable company in your area, your chosen supplier will estimate your typical energy consumption and recommend the right installation for your property. The larger the installation, the more electricity you will be able to sell back to the grid but the initial outlay could be expensive, so it is important that equipment is accurately sized to match your needs. Planning permission is not required for solar installations but as they fall into the category of Approved Development, under current regulations you must notify the local planning department. However, unless you live in a conservation area, an area of outstanding natural beauty or in a listed building, you shouldn’t fall foul of your local planning officer.

Go green and make money Did you know that by installing solar panels, you could reduce your heating bills and sell electricity back to your energy supplier to reduce service charges in your block? New legislation due in April will make it easier than ever before to go green and generate your own electricity. Lesley Davies reports. 36

Financial benefits?

f you like this idea but are wondering how complicated it would be to achieve, the new so-called ‘Feed-in Tariffs’ or FiTs to be introduced in April should make it easier for Resident Management Companies (RMCs) to take advantage of the benefits of renewable energy. These are governmentfunded payments whereby anyone who has solar panels installed, will receive a fixed price for every kilowatt hour (KWh) of electricity produced. There are three strands to the new system: • A fixed price for each unit of electricity generated; • A guaranteed price for each unit of electricity exported onto the electricity grid throughout the lifetime of a particular installation’s eligibility for FiT payments; and • Benefit gained from using your own electricity, i.e. lower bills and partial protection from future electricity price rises.

Still interested? There will be two separate schemes for electricity and heat. Still interested? Your first step is to determine whether or not your premises are suitable for a solar installation. According to the Renewable Energy

So how much is a solar installation likely to cost and what financial benefits can RMCs hope to achieve? Terry Sweeney is sales manager for PV Systems, established in 1991 and a government-approved solar PV installer for the Low Carbon Buildings Programme. He admits there is no such thing as an average system or an average cost. “Most people look at a 1 kWp system, which will provide about 850 kWhp per annum and a carbon saving of 830kg of CO2 and then multiply this once they have identified their requirements,” he explains. This equates to 6-8 panels. Ultimately, size is limited by the size of your roof and by the District Network Operator, which owns the electrical infrastructure system. According to Sweeney, a typical 1kWp system would be around £5,000 installed. He estimates that payback based on proposed April 2010 figures could be calculated as follows: 1. £5,000 outlay 2. Income from FiT 850kwh x 36.5p = £310.25 per annum, 3. Savings on imported electricity at estimated 11p per unit = £93.50 per annum. 4. Total £403.75 per annum You can export any unused electricity and earn about 5p per unit, which would be an additional income. Therefore the payback period based on this system would be 12 years. The panels should remain in 37

Flat-Living.co.uk

Environment place for around 25 years, so you will still have an income for another 13 years. If the upfront costs sound high, the good news is that grants are available for renewable energy installations. You can apply online before your system is installed and may be eligible for up to £2,000 per kWp. Contact the Low Carbon Buildings Programme for more information (www.lowcarbonbuildings.org.uk)

Telecoms provider Another (and perhaps more controversial) way of generating additional income for your block, is to allow a telecoms provider to install a mobile phone mast on or near your building. According to O2, on average this could generate up to £2,000 per annum, which could be used to offset service charges - as well as guaranteeing residents a great signal on their mobile phones. This may not be enough to convince leaseholders or the planning authorities that the installation should go ahead. Unlike solar panels, mobile masts do require planning permission, and even the phone companies admit that gaining the appropriate permissions can be a long drawn out process. In the past there have also been concerns raised about the possible health risks associated with mobile phone masts. If you are approached by a site acquisition agent for one of the phone companies, your first step should be to take legal advice to ensure that you fully understand the details of the contract you are entering into. You should also appoint a chartered building surveyor to assess the impact, if any, on the fabric of your building. And there will almost certainly be insurance implications so consult your insurance provider sooner rather than later. For more information on phone masts, contact the estates departments of the mobile phone companies or go to www. mobilemastinfo.com.

Flat-Living.co.uk

Kitchens

Space saving ideas One thing you are guaranteed of in life is that the best parties end up in the kitchen – therefore it needs to be up to the job. On this page are a number of stylish kitchen ideas, perfect for smaller spaces.

This satin stainless steel Accessorised Channel by Barazza, is available as a stand-alone product or as an option with their stunning stainless steel worktops. The image shows a drainer for glasses, two draining racks, a bottles/ladles holder, a chopping board holder and a shelf. Prices vary in terms of sizes and combinations but they start from £600 + VAT. For further information please visit www.barazza.co.uk or call Fiona Scott on 01787 224921.

Elica’s OM Special Edition must be the ultimate minimalist cooker hood. A square of black or white glass hangs like a piece of art on the wall – touch a control and 4 halogen lights are silently revealed illuminating the cooking surface below. For further information please contact Elica on 01252 351 111 or by visiting www.elica.co.uk Perfect for a daily treat seven days a week, the sinful Sense Wi151 simply stores seven delicious wines at a time. The Sense Wi151 retails from around £250 including VAT. For further information on this or any other appliance in the Caple portfolio contact 0117 938 1900 or visit www. caple.co.uk

Cube is just one of the latest chic contemporary appliances to be launched from Caple’s 2009 brochure. Responding to the latest trend for white glass, Cube’s white facings are co-ordinated with stainless steel to produce a dramatic yet elegant focal point within the kitchen. The Cube hood measures 400mm wide and retails from around £883 including VAT. For further information on this or any other appliance in the Caple portfolio contact 0117 938 1900 or visit www.caple.co.uk

Combine your kitchen appliances with this Candy Trio - a 60cm electric oven and dishwasher combination with gas hob! It has an A grade efficiency single multifunctional fully programmable oven with combined grill, and a dishwasher with 5 different wash temperatures including economy. 41

Flat-Living.co.uk

New developments

One Brighton Brighton has long been chosen as a favourite seaside location and its stated to be the “trendiest” place to live on the south coast. Brighton offers remarkable architecture, a plethora of great restaurants and wealth of bars and clubs. Transport links to the Capital are regular, with train journeys taking around 50 minutes.

ioRegional Quintain Ltd and Crest Nicholson have jointly developed One Brighton which is situated very close to Brighton station and linked to local cycle routes. One Brighton presents a range of studios, and one and two bed flats situated in a community environment offering a sustainable and greener lifestyle. One Brighton benefits from innovative architecture which also abides with the principles of One Planet Living which intends the residents to be happier, and live healthier lifestyles. 42

The principles of One Planet Living include zero carbon emissions, a zero waste plan, use of sustainable materials, implementation of sustainable transport solutions and measures to support local and sustainable food and wildlife. Each apartment at One Brighton has been constructed to be highly energy efficient. Hot water and heating is provided by an on site biomass boiler which burns locally sourced discarded wood pallets and saw mill cut-offs. Electricity is provided by hypothecated wind energy, and supplemented by photovoltaic (solar) panels on the roof. Internally the apartments are fitted with water efficient

taps and appliances. Additional unique features offered by this lifestyle choice include a roof garden on the 12th floor where residents can socialise, soak up the sun or enjoy great sea views directly out to the English Channel. Balcony planters and roof top allotments are provided to enable and encourage residents to grow their own food. A car club and cycle storage facility negates the need for a car which in turn helps reduce household expenditure. For more information contact www.bioregional-quintain.com or www.crestnicholson.com

BOUNDARIES & PARTY WALLS

FAMILY

IMMIGRATION

COMPANY COMMERCIAL

COMMERCIAL PROPERTY

LITIGATION & DISPUTE RESOLUTION

RESIDENTIAL PROPERTY

DEBT COLLECTION

EMPLOYMENT

WILLS, INHERITANCE TAX & PROBATE

Established in 1850, our continued success is based on an unsurpassed loyalty and integrity to our clients, both old and new. Child & Child acts for private and commercial clients across a broad range of sectors. We have specialist expertise in all forms of property law. We advise landlords and tenants in relation to a wide range of issues including lease acquisition; renewal and extension procedures; purchase of freehold; right to manage; service charge disputes; possession proceedings; dilapidations and more. Our aim is always to find the most practical and cost effective solution to our clients' requirements whilst never compromising on the quality of our service.

14 Grosvenor Crescent, London SW1X 7EE Tel 020 7235 8000 Fax 020 7235 9447 79 Knightsbridge, London SW1X 7RB Tel: 020 7235 1288 Fax: 020 7235 2683 www.childandchild.co.uk E: info@childandchild.co.uk

Flat-Living.co.uk

EASTERN

NORTH EAST Adair Paxton LLP 0113 2054190 Adderstone Estate Management Limited 0191 212 5030 Appletons 01642 675 555 Atlantis Estates Ltd 0800 612 1515 Eddisons 0113 243 0101 Omnia Estates Ltd 0114 279 2840 Premier Property Management & Maintenance Co. Ltd 01226 770 088 Town & City Management Limited 0191 3000 233 Town & City Management Limited 0114 263 8510 Town & City Management Limited 01325 389689

To advertise in the next issue of Flat Living call 0845 257 6374

Watson Property Management 0845 458 1228

NORTH WEST Atlantis Estates Ltd 0800 612 1515 Braemer Estates - 0161 929 2300 Countrywide Managing Agents 0161 332 7551 Homestead Consultancy Services Ltd 01253 640 040 Manchester Residential Management Ltd 0161 7074 873 P R Gibbs & Co Ltd 01942 844100 Portland Block Management Ltd 0161 799 6288 Premier Estates Limited 0870 458 9982 Realty Management Limited 0161 474 7677 Revolution Property Management Ltd 0845 373 5880 Royle Estates (Lancaster) Ltd 01524 36311 Scanlans Property Management LLP 0161 236 8888 The Guthrie Partnership 01565 755390 Watson Property Management 0845 458 1228 Westwood Building Management 01253 735539 West Kirby Property Management Limited 0151 632 1844

WALES Atlantis Estates Ltd 0800 612 1515 Compton Property Management Ltd 01792 315457 Western Permanent Property 029 202 35 151 William Parkman & Daughters Limited 01495 244 396

MIDLANDS Atlantis Estates Ltd 0800 612 1515 BK 0121 200 1100 Blue Property Management UK Limited 0845 3313585 Centrick Property Management 0845 6800 981 Cottons 0121 247 2030 Countrywide Managing Agents 02476 550303 Countrywide Managing Agents 0121 428 3334 Countrywide Managing Agents 0116 254 8364 Curry & Partners 0121 233 0500 DJC Property Management 0870 481 0110 Freehold Property Services Ltd 0121 551 5988 Hadrian Property Management Company Limited 01543 410 922 Lambert Smith Hampton 0121 236 2066 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 Peverel OM Ltd 01582 393 700 Philip Laney & Jolly 01684 575100 Regalty Estates 0845 456 4980 Solitaire Property Management Co. Ltd 0845 034 5790 Watson Property Management 0845 675 5676

Amber Management 0845 2713300 Atlantis Estates Ltd 0800 612 1515 Banner Property Services Ltd 01628 522888 Boydens 01206 762244 Bush Property Management Ltd 01603 614004 Carringtons Residential Management Ltd 01279 408740 Consort Property Management 08451 947 044 Countrywide Managing Agents 01702 236402 Covenant Management 01608 813 140 CPM Asset Management Limited 01992 801040 Francis Butson & Associates 01480 226740 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 HV and E Sorrell 01702 342225 Maunder Taylor 01707 871710 PMS Leasehold Management Ltd 01206 835350 Qualitas Residential 01923 211331 Red Brick Management 08452 621 823 Rumball Sedgwick 01727 854516 Sheridan’s 01462 814087 St Andrews Bureau Ltd 01992 501752 St Andrews Bureau Ltd 01223 352170 Touchstone 01908 633918 Trinity Estates 0845 345 1584

GREATER LONDON Abbott Management 020 7225 1995 Adelaide Jones 020 7725 5800 Allsop Residential Investment Management Ltd 020 8675 7046 Amber Management 01992 769143 Arkleygate 020 8731 4577 Aspect Property Management Limited 020 7581 7900 Aston Rose 020 7629 1533 Atlantis Estates Ltd 0800 612 1515 Bells Chartered Surveyors 020 7228 4470 Blenheims Estate and Asset Management Limited 020 7368 4150 Bowood Commercial 020 7223 6940 Buckingham Management Services 020 7839 2347 Capital Property Management 020 7328 4001 Carringtons 020 8960 0001 Castlebar Management Ltd 020 8991 2564 Castlereagh Management Limited 020 7258 9670 Chainbow 020 7928 9944 Chelsea Property Management Ltd 020 7584 7850 Chesterton 020 7359 0922 City Estates 020 8809 5051 CJ Delemere International 020 8444 9914 Cluttons LLP 020 7408 1010 Colin Cohen Property Management 020 8959 6870 Countrywide Managing Agents 020 8686 7773 County Estate Management 020 7436 2080 Crabtree Property Management Limited 020 8371 7070 Dauntons Soar Residential Management Services 020 7834 1032 Defries & Associates Ltd 020 8202 0759 Derek Flack & Associates Ltd 020 8374 7005 Douglas & Gordon Ltd 020 7963 4661 Drivers & Norris 020 7607 4040 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 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

Flat Living Issue 2

Articles inside

Asbestos are you liable?

News

Advice

Enforcing service charges