The Control of Asbestos at Work Regulations 2002 came in to force from November 2002 but part deferred until 2004. The “Duty Holder” includes anyone who has maintenance or repairing responsibilities for non-domestic premises(including common areas of blocks of flats) or the means of access to them, or any person controlling those premises or access. […]
Archives: FAQs
Impact of the decision in the Phillips v Francis case
I was concerned to read, in the Spring issue of the FPRA Newsletter, of the decision taken by the Chancellor of the High Court in the Phillips v. Francis case. In our case – 49 flats spread over two blocks – the threshold which triggers the consultation process is £12,250, and we have already reached this […]
Entitlement to freeholder information
I am having some trouble with the managing agent appointed by my freeholder. I have major concerns over some major works which they want carried out urgently. I have said that I want to make the freeholder aware of my dissatisfaction and have asked for the names and addresses of the directors of the freehold […]
Section 20 requirements
Our landlord, a large and well-known company, has recently carried out major refurbishments to our block, but, we believe, did not consult us beforehand as required by Section 20. The situation is slightly complicated because as the refurbishment progressed, they found previously unknown problems for which they then hurriedly also ‘consulted’ us on, giving us […]
Transferring a sinking fund
On the advice of our accountants our RMC, has this year produced separate accounts for the Service Charge and the Company. This has created a dilemma for the Company Board because we would like to hold a reserve fund in the Company’s account, rather than the Service Charge account: in order to avoid the long […]
Do service charge funds need to be in a designated trust account?
Is it really legally necessary for monies raised as service charges to be maintained in an exclusively designated trust account? I understood that a trust account was best practice only, not a legal requirement. I thought, as described in FPRA Newsletter Issue No 94 Autumn 2010, trust/designated accounts were stipulated in the Commonhold and Leasehold […]
Voting re: Managing Agent Selection
We are currently in the process of selecting Managing Agents having interviewed 3 to date and are now waiting for other suggestions from the shareholders. As far as we are aware we only need a Majority vote, is this correct? The FPRA replies: On the basis that the Directors are making the decisions (they are […]
Video entry phones
A question regarding video entry phones is a worry for me as Chairman of our Residents Association. In view of the increase in potential crime incidents and that a large proportion of our residents are Senior Citizens, we recently arranged for the installation of a new video system. It was felt that the old system […]
Unfair excess charges?
We have recently had water seeping through the ceiling from one flat into a lower one. Because there was quite a bit of damage to walls and floors etc. the owner of the higher flat claimed against our building insurance. The excess at the time was £500. We have had 22 claims against the insurance […]
Does Right of First Refusal to buy the freehold apply in this case?
We are a block of ten flats. We have been negotiating the purchase of the freehold for 18 months with the help of a solicitor. But we have just been informed out of the blue by the freeholder that he has sold it to another party (a company associated with the freeholder’s company). We think […]