Property Management for small property

[buwch66]

Hi there

We own a flat in a converted house with a shared freehold, and are looking for a property management company to collect service charges and conduct basic maintenance. Can anyone recommend or suggest such a company that would take on a small property like ours?

Thanks

[Poppy]

I prefer to use the term "managing agent". Go to the yell.com website. Search for "managing agent". Located in "[town/city/neighbourhood/postcode/whatever]". You’ll have several answers.

Out of interest. How many flats in this building? Why don’t you and your fellow freeholders feel able to manage the building yourselves?

[buwch66]

Thanks Poppy - this is all new to us, so still getting my head round the right lingo!

There are 3 flats - we bought the freehold 3 years ago, but one of the flat owners (who is also the occupier) just won't agree to add any money to the pot for general upkeep. On top of this there is a leak from his bathroom which is damaging the ceiling in the communal hallway, which he so far has avoided fixing. Basically we're at the end of our tether and are hoping that a neutral party would get the ball rolling!

Thanks again

[Poppy]

Don’t fink so. A managing agent has no teeth. A managing agent cannot enter this errant lessee/freeholder’s flat without invitation. It's an extra (unnecessary) cost for everyone concerned in such a small building. You, the shared freeholders have power.

If this person is in breach of the lease, there are certain measures you can take to get them to comply.

Possible cheap methods:

Start with a firm letter pointing out the perceived breach(es) and an insistence that they remedy the breach forthwith, if you have not already done so.
Write to their mortgagee. Tell them their borrower is in breach of the lease and you will take further action if the breach is not remedied. Throw in the word "forfeiture", mortgagees don't like that. The mortgagee should in turn write a letter to their borrower.
Put a Charging Order against their title at HMLR.
Put a Unilateral Notice against their title at HMLR.
If still no breach remedy, take them to a Leasehold Valuation Tribunal. Probably need the services of a solicitor at this stage.

[corin]

I have a similar situation to the one described, although it involves misuse of a shared terrace. I am trying to get the management company (set up supposedly to benefit all lessees - we all have share of f/h) to enforce the nuisance clause in the lease and management regs. I don't quite see on what basis a charging order or notice on the register would help in these circs. I thought a c.o. was to enforce a debt or loan? what wd the form of the notice be? to notify a dispute? also how wd you know the mortgagee's lender? presumably by searching the land register but wd they register a notice or charge in such circs?

[jeffrey]

I have a similar situation to the one described, although it involves misuse of a shared terrace. I am trying to get the management company (set up supposedly to benefit all lessees - we all have share of f/h) to enforce the nuisance clause in the lease and management regs. I don't quite see on what basis a charging order or notice on the register would help in these circs. I thought a c.o. was to enforce a debt or loan? what wd the form of the notice be? to notify a dispute? also how wd you know the mortgagee's lender? presumably by searching the land register but wd they register a notice or charge in such circs?
Does each lease contain an obligation (on L's part) to enforce covenants against each T?

[corin]

in my case yes, I have not seen the offending lessee's lease but these are standard leases with same covenants for all flats

[jeffrey]

OK- so, although lessee1 (complainant) cannot enforce direct against lessee2 (offender), lessee1 can compel L to enforce against lessee2.

[corin]

Thanks, that's what I understood - but actually enforcing it wd I expect be prohibitively expensive?

[jeffrey]

Thanks, that's what I understood - but actually enforcing it wd I expect be prohibitively expensive?
Yes, it could be; Court fees are usually expensive. BUT you could ask Court to make defendant pay your costs.

[quarterday]

where is the property..someone in the forum may be able to suggest a competent firm.

generally speaking the better firms (although there are honourable exceptions to the rule)
tend to be the ones where at least one of the principals are Chartered Surveyors
and members are therefore allowed to put after their name(s) the accreditation MRICS FRICS (or even the eternally amusingly PRICS/PPRICS).


The Royal Institute of Chartered Surveyors require more stringent rules as to for example ethics and accounting practice than firms that are not Chartered..

[James 2009]

where is the property..someone in the forum may be able to suggest a competent firm.

generally speaking the better firms (although there are honourable exceptions to the rule)
tend to be the ones where at least one of the principals are Chartered Surveyors
and members are therefore allowed to put after their name(s) the accreditation MRICS FRICS (or even the eternally amusingly PRICS/PPRICS).

The Royal Institute of Chartered Surveyors require more stringent rules as to for example ethics and accounting practice than firms that are not Chartered..

Just a couple of minor points -

Royal INSTITUTION of Chartered Surveyors!
I am 99.99999999999% sure that PRICS/PPRICS are no longer in use.
There used to bee a desgnation TechRICS for Technical (as opposed to Chartered) Members. This is changing to AssocRICS (Associate Members).

In theory if you are Chartered you are knowledgeable, and more importantly have a qualification that means something to the public and took some effort to get. Keeping that status is essential to most Chartered Surveyors so they really have to keep their noses clean. There are also very clear guidelines for Complaints Handling, including free 3rd party determination of complaints if the client is unhappy with the internal resolution of the complaint (typically the Surveyors Ombudsman Scheme, which must be free to the private clients - firms who are clients may be required for 3r party determination)

[jeffrey]

Sounds like more spam.

[FuzzyPiggy]

Sounds like more spam.

Jeffery, you cynic. Sounds like well intentioned advice from a noob!!! I am sure Skipp are a well funded, properly resourced bunch of well qualified professionals...

I think OP would like to avoid "personalising" the situation with errant leaseholder (and I don't blame them), hence the call for a managing agent. They jointly own the freehold - but the leases remain the contract governing their rights and obligations.

Maybe the OP could find a local professional to inform the errant one as to the consequences if his actions - forfeiture. (or at least getting the money of his mortgage co). Might cost a couple of quid - might be worth the expense.

You could play hard ball, or you could try things as softly as possible. At the end of the day the OP has to secure his own position - and that includes his investment in his property and his domestic situation - last thing you want is your next door neighbour at your throat, nor indeed a property that falls down, and is uninsured due to negligence or something daft!

My issues at the minute involve neighbourly relations, so it's something I have pondered on on recently??

[FuzzyPiggy]

But it all depends what the lease says...

[leaseholdanswers]

It's clear that the agent is misunderstood. They are not a contractor who takes the service charge as a payment to them and they assume responsibility for all matters, subcontracting the cleaners builders and accountants.

The client whether FH RTM RMC is responsible at all times and the agent is there to do the day to day work as your agent, organiser, facilitator, advisor and all round nurse maid ( yes I had a client call me to cry about her divorce...), as well as punching bag!

In the case of a breach the LL and the leaseholder are at odds, the agent is only there to advise you on courses of actions and resolve on your instructions.

[jeffrey]

Jeffery
Who's that, then?

[FuzzyPiggy]

Jeffery,


Who's that, then?

Don't know, probably someone offering snide legal advice!!! Sorry for the mis-spelling!! I've justnoticed the spam has been removed now, having spent half of my day thinking of a suitable riposte!!

[andydd]

Very off-topic, but SKIPP are a local protest group based trying to save my local park from the ravages of a new road.

http://www.skipp-saxonking.org/

Andy