Question 1

Employment

Accepted Answer

The Association is formally recognised. The Landlord has created a Management Company to run the Village which we pay all the costs for through our Service Charges. The new Manager of the Management Company has orally advised that some of the work previously undertaken for residents in the Retirement Village will no longer be performed. The Association is not necessarily in disagreement with some of the actions proposed but felt it needed to understand what the responsibilities of each role was in order to discuss what was being proposed further. The elected Committee of the Association which represents all eligible leaseholders ( currently 131) asked for copies of the Job Descriptions for each role employed by the Management Company. This formal request has been refused. We believe the Committee has a right to receive these Job Descriptions. They would obviously not be widely distributed. Could you please advise what are rights are under law please? The FPRA replies: I have given your query some thought and I cannot see any basis for you to insist on having sight of, or knowing the content of, the job descriptions of those employed by the Management Company. Recognition of a Residents’ Association does not give you a general right to be consulted: it only bestows the very limited rights granted by the Landlord and Tenant Act 1985 and other Acts. These are well summarised on pp. 17 and 18 of the Lease Advice Guide to Service Charges, which is to be found at http://www.lease-advice.org/documents/Service_Charges.pdf. I am assuming for the purpose of this reply that when you refer to ‘each role employed by the Management Company’ you are thinking of people who are employed, either full or part-time, by the Company. If people are engaged as independent contractors on contracts which are worded so that they must run for more than 12 months, you would have the right to be consulted under s.20 LTA 1985, but only if, as a result of the contract, the amount payable by each unit would exceed £100. So if there are 131 leaseholders, a contract would fall within s.20 only if it is worth in excess of £13,100 per year.

Question 2

Employment

Accepted Answer

The Association is formally recognised. The Landlord has created a Management Company to run the Village which we pay all the costs for through our Service Charges. The new Manager of the Management Company has orally advised that some of the work previously undertaken for residents in the Retirement Village will no longer be performed. The Association is not necessarily in disagreement with some of the actions proposed but felt it needed to understand what the responsibilities of each role was in order to discuss what was being proposed further. The elected Committee of the Association which represents all eligible leaseholders ( currently 131) asked for copies of the Job Descriptions for each role employed by the Management Company. This formal request has been refused. We believe the Committee has a right to receive these Job Descriptions. They would obviously not be widely distributed. Could you please advise what are rights are under law please? The FPRA replies: I have given your query some thought and I cannot see any basis for you to insist on having sight of, or knowing the content of, the job descriptions of those employed by the Management Company. Recognition of a Residents’ Association does not give you a general right to be consulted: it only bestows the very limited rights granted by the Landlord and Tenant Act 1985 and other Acts. These are well summarised on pp. 17 and 18 of the Lease Advice Guide to Service Charges, which is to be found at http://www.lease-advice.org/documents/Service_Charges.pdf. I am assuming for the purpose of this reply that when you refer to ‘each role employed by the Management Company’ you are thinking of people who are employed, either full or part-time, by the Company. If people are engaged as independent contractors on contracts which are worded so that they must run for more than 12 months, you would have the right to be consulted under s.20 LTA 1985, but only if, as a result of the contract, the amount payable by each unit would exceed £100. So if there are 131 leaseholders, a contract would fall within s.20 only if it is worth in excess of £13,100 per year.

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