Question 1

S20

Accepted Answer

Q: The freeholder of a small (4 flat/house) group has decided to re-roof the property. However, the management, communication and decision making has been poor. The property is not eligible for self-enfranchisement, nor purchase. The leaseholders are, therefore, considering mediation to bring the freeholder and leaseholders to a mutual understanding of the best way ahead. Please put me in touch with an expert who can help us navigate through this phase, which might prevent an FTT. FPRA Chairman Bob Smytherman replies: Thank you for you your email which has been passed to me for an initial response from a practical point of view rather than a legal one. For the re-roofing of a property such as yours the management company would almost certainly have to comply with Section 20 consultation rules, essentially where the cost per flat exceeds £250. This process gives each flat the opportunity to understand both the rationale for the works and suggest preferred contractors to quote for the works. This process is not optional and gives each flat the opportunity to raise any concerns with the works and process. If a consensus can't be reached on the outcome then mediation is always preferable to challenging the managing agent at tribunal where you will need to prove the works and costs are 'unreasonable' which is not easy especially if works are required and Section 20 rules have been followed. I would certainly suggest your RA formally seek recognition from the Freeholder as this gives additional rights to that of individual Leaseholders. Ultimately if relationships between the RA and agent have broken down and not reconcilable then you could either write to the freeholder advising them to consider another agent or threatening to seek formal Right to Manage this will require the RA members to become Directors of the new management company and take on legal responsibility which should not be entered in to lightly but worth considering for a small block if relationships don't improve. I am not a legal expert on RTM processes so we will need to refer to another expert to advise further. Hopefully you will reach an amicable way forward with good impartial mediation between all sides. [Submitted February 2017]

Question 2

S20

Accepted Answer

Q: The freeholder of a small (4 flat/house) group has decided to re-roof the property. However, the management, communication and decision making has been poor. The property is not eligible for self-enfranchisement, nor purchase. The leaseholders are, therefore, considering mediation to bring the freeholder and leaseholders to a mutual understanding of the best way ahead. Please put me in touch with an expert who can help us navigate through this phase, which might prevent an FTT. FPRA Chairman Bob Smytherman replies: Thank you for you your email which has been passed to me for an initial response from a practical point of view rather than a legal one. For the re-roofing of a property such as yours the management company would almost certainly have to comply with Section 20 consultation rules, essentially where the cost per flat exceeds £250. This process gives each flat the opportunity to understand both the rationale for the works and suggest preferred contractors to quote for the works. This process is not optional and gives each flat the opportunity to raise any concerns with the works and process. If a consensus can't be reached on the outcome then mediation is always preferable to challenging the managing agent at tribunal where you will need to prove the works and costs are 'unreasonable' which is not easy especially if works are required and Section 20 rules have been followed. I would certainly suggest your RA formally seek recognition from the Freeholder as this gives additional rights to that of individual Leaseholders. Ultimately if relationships between the RA and agent have broken down and not reconcilable then you could either write to the freeholder advising them to consider another agent or threatening to seek formal Right to Manage this will require the RA members to become Directors of the new management company and take on legal responsibility which should not be entered in to lightly but worth considering for a small block if relationships don't improve. I am not a legal expert on RTM processes so we will need to refer to another expert to advise further. Hopefully you will reach an amicable way forward with good impartial mediation between all sides. [Submitted February 2017]

S20

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