First-tier Tribunal Appoints Manager to Resolve Property Disputes

OUTCOME: Allowed

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FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case reference : LON/00BJ/LAM/2024/0023 Property : [ADDRESS] [POSTCODE] Applicants :

[redacted] Property as listed at the end of this Decision

Representative : [NAME] Respondents : [redacted] Strawberry Star UK Property Fund SPV1 Limited (2) Representative : [COUNSEL] [COUNSEL] (UK) [COMPANY] of [NAME] : Appointment of Manager Tribunal members : Judge P [NAME] : 10 [ADDRESS] [POSTCODE] Date of decision : 1 May 2025

DECISION

Description of hearing/determination The [NAME] was considered on the papers alone, without an oral hearing.

2 Decisions of tribunal (1) In accordance with section 24(1) Landlord and Tenant Act 1987 Ms [APPELLANT] of [NAME] (“the Manager”) is appointed as manager of the property known as [ADDRESS] [POSTCODE].

(2) The order shall begin on the date of this decision, 1 May 2025, and end on 31 March 2028. [NAME] for an extension must be made prior to the date of expiry of the order. If such an [NAME] is made in time, then the appointment will continue until that [NAME] has been finally determined.

(3) The Manager shall manage the Property in accordance with: (a) The terms attached to this order; (b) The respective obligations of the landlord and the leases by which the flats at the Property are demised; and (c) The duties of a manager set out in the Service Charge Residential Management Code (‘the Code’) or such other replacement code published by the Royal Institution of Chartered Surveyors and approved by the Secretary of State pursuant to section 87 Leasehold Reform Housing and Urban Development Act 1993. (4) The tribunal makes an order in favour of the Applicants under section 20C of the Landlord and Tenant Act 1985 that none of the costs incurred or to be incurred by the landlord in connection with these proceedings are to be regarded as relevant costs, i.e. that none of them may be added to the service charge. Background 1. The Applicants seek an order appointing Ms [NAME] of [NAME] as manager of the Property under section 24 of the Landlord and Tenant Act 1987 (“the 1987 Act”).

2. The Property is a purpose-built block of 79 residential flats with commercial premises.

3. Prior to issuing their [NAME] for the appointment of a manager the Applicants served a preliminary notice under section 22 of the 1987 Act dated 14 March 2024 on the Respondents. The parties’ respective positions and the procedural way forward 4. After a certain amount of correspondence between the Applicants and the Respondents and between the parties and the tribunal, the Respondents eventually decided not to oppose the [NAME] and the parties agreed between themselves (a) that the Manager should be

3 appointed and (b) the terms of her appointment. In response, the tribunal explained that the decision is one that has to be made by the tribunal itself as it is the tribunal that is being asked to appoint a manager. Furthermore, the 1987 Act sets out certain criteria as to when a manager can be appointed and the tribunal needs to be satisfied that the relevant criteria have been met.

5. In particular, Judge Nicol in his further directions dated 20 February 2025 stated that the Tribunal must be satisfied (a) as to the suitability of the proposed appointee and (b) whether one of the grounds in section 24(2) of the 1987 Act has been made out so that it has jurisdiction to make the order. He added that in a case where the landlord is not prepared to admit any wrongdoing, that only leaves the “just and convenient” ground in section 24(2)(b) and that a form of wording is needed in the parties’ proposed draft order which as well as saying it is just and convenient gives the tribunal a basis on which to reach that conclusion.

6. In his own further directions dated 26 March 2025, Judge Martyński noted that the parties did not require a hearing and he decided in all the circumstances of the case that it was appropriate for the matter to be decided on the papers alone without a hearing. He added that it remained open to any interested person to ask for a hearing or to ask to become a party to the proceedings, but no such requests have been received.

7. The parties have provided a joint bundle for the tribunal’s paper determination. Analysis of the tribunal Whether in principle an order should be made 8. We note the contents of the Applicants’ preliminary notice and its validity has not been questioned by the Respondents.

9. Under section 24(2) of the 1987 Act the tribunal may only make an order in one or more of the circumstances listed in that sub-section. The circumstances listed in that sub-section include, in section 24(2)(b) “where the tribunal is satisfied that other circumstances exist which make it just and convenient for the order to be made”. The purpose of the word “other” in section 24(2)(b) is to distinguish these circumstances from the various, more specific, circumstances listed in section 24(2)(a).

10. The agreed draft order contains the statement that “the parties are in dispute over numerous issues and as such the relationship between the parties has broken down to such an extent that … it would be just and convenient in the circumstances pursuant to section 24(2)(b) of the Landlord and Tenant Act 1987”. This is therefore a case in which the people currently responsible for managing the Property are in agreement with the very large number of leaseholders who have brought this [NAME] (a) that the relationship has broken down, (b) there is a

4 dispute over numerous issues and (c) the best solution would be for the tribunal to appoint a manager. In addition, the Applicants and the Respondents are all legally represented and therefore will have been advised of their respective rights and of the consequences of a manager being appointed over the Property by the tribunal.

11. We note that the parties have been unable to agree more specific grounds, but we understand why the parties might not want to or be able to agree precisely what has gone wrong, whether because they simply do not have an agreed narrative and/or because nobody wishes to make any admissions of their own part in the breakdown in relations. Whatever the reasons, we accept in the circumstances that it would not be proportionate or necessarily useful to test the evidence whether by putting follow-up questions to the parties or – in the absence of more detailed information – requiring an oral hearing after all.

12. On the above basis we are satisfied for the purposes of section 24(2)(b) of the 1987 Act that “… other circumstances exist which make it just and convenient for the order to be made”. We therefore agree that in principle an order should be made. Whether to appoint Ms [NAME]

13. We have considered the documentation provided by or in relation to Ms [NAME].

14. We note the detailed statement on Ms [NAME] competence and experience, her management plan and the fact that professional indemnity insurance is in place for an appropriate amount. Whilst the tribunal would normally expect to cross-examine the proposed manager at a hearing, in the circumstances of this particular case on the basis of the information provided and with both parties being legally represented and being happy for her to be appointed, we are satisfied that it would be appropriate to appoint Ms [NAME] as manager. The terms of the order 15. The proposed length of the order, to 31 March 2028, is a common length for such an order and we have no basis for substituting a different length where the parties are legally represented and in agreement.

16. As regards the other proposed terms, these closely follow the tribunal’s template and again we have no basis for substituting a different length where the parties are legally represented and in agreement and no specific issues with the proposed terms have been highlighted. The only issue is with some of the dates, as it contains some deadlines which have already passed or are fast approaching. We have therefore amended some of the dates. It seems to us disproportionate to put these alternative dates to the parties, and it would also waste time that could be better spent resolving the management issues. If any person strongly disagrees with any of the new dates it is open to them to write to the tribunal, copying in the other parties.

5 Costs 17. The Applicants have made a cost [NAME] pursuant to section 20C of the Landlord and Tenant Act 1985 (a “Section 20C [NAME]”). They have purported to make it on behalf of “all leaseholders at the property” but this is insufficiently detailed to cover all leaseholders and therefore the [NAME] is restricted to the Applicants.

18. A Section 20C [NAME] is an [NAME] for an order that all or part of the costs incurred or to be incurred by the landlord in connection with these proceedings may not be added to the service charge.

19. The Applicants have been successful in this case, in that the tribunal has agreed to appoint a manager, and the Respondents have not opposed their Section 20C [NAME]. We are satisfied that it is appropriate to, and we hereby do, make an order in favour of the Applicants under section 20C of the Landlord and Tenant Act 1985 that none of the costs incurred or to be incurred by the landlord in connection with these proceedings are to be regarded as relevant costs, i.e. that none of them may be added to the service charge.

Name: Judge P Korn Date: 1 May 2025

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have. If a party wishes to appeal this decision to the Upper Tribunal (Lands Chamber), then a written [NAME] for permission must be made to the First- tier Tribunal at the regional office which has been dealing with the case. The [NAME] for permission to appeal must arrive at the regional office within 28 days after the tribunal sends written reasons for the decision to the [NAME]. If the [NAME] is not made within the 28-day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28-day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit. The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking.

6 If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal (Lands Chamber).

7 FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

Case reference : LON/00BJ/LAM/2024/0023 Property : [ADDRESS], [POSTCODE] Applicant : [redacted] Building as detailed in the attached list Representative : [NAME] Respondents : [redacted] Strawberry Star UK Property Fund SPV1 Limited (2) Representative : [COUNSEL] (UK) [COMPANY] of [NAME] : Appointment of a Manager

__________________________________ ORDER __________________________________

In this Order:

“The Property” means the flats and other premises known as known as [ADDRESS], [POSTCODE] and registered at HM Land Registry under title number LN20923 more particularly defined in the lease dated 12 September 2017 and made between (1) [COMPANY] and (2) [RESPONDENT].

“The Landlord” shall mean [RESPONDENT] or their successors in title to the reversion immediately expectant upon the Leases.

“The Tenants" shall mean the proprietors for the time being of the Leases whether as [NAME] or under-[NAME] and "Tenant” shall be construed accordingly.

8

“The Leases" shall mean all leases and/or underleases of flats in the Property.

“The Manager” means [NAME] of [NAME].

“The Tribunal” means the First-tier Tribunal (Property Chamber)

ORDER

1. The parties are in dispute over numerous issues and as such the relationship between the parties has broken down to such an extent that the Tribunal considers it would be just and convenient in the circumstances pursuant to section 24(2)(b) of the Landlord and Tenant Act 1987 (the Act) to appoint a manager in accordance with section 24(1) of the Landlord and Tenant Act 1987 (the Act) on the terms of this Order.

2. In accordance with section 24(1) of the [NAME] of [NAME] is appointed as Manager of the Property.

3. The Manager’s appointment shall start on 1 May 2025 (“the start date”) and shall end on 31 March 2028 (“the end date”).

4. For the avoidance of doubt this Order supplements but does not displace covenants under the Leases and the Tenants remain bound by them. Where there is a conflict between the provisions of the Order and the Leases, the provisions of the Order take precedence.

5. The purpose of this Management Order is to provide for the management of the Property.

6. As Manager [NAME] will:

(a) Go through the Section 20 consultation process for works of a higher value. (b) Oversee and complete the [NAME] and communicate with the previous agent to obtain any fire documents they have in their possession.

(c) Investigate issues that the Leaseholders bring to the Manager's attention.

(d) Communicate with all residents via email, phone and letter.

(e) Have open communication with the residents about upcoming budgets.

9 (f) Communicate with the Landlord when works that fall under their jurisdiction are required and in general.

7. The Manager shall manage the Property in accordance with: (a) the terms of this Order and the Directions set out below;

(b) the respective obligations of the Landlord and the Tenants under the Leases whereby the Property is demised by the Landlord (save where modified by this Order);

(c) the duties of a Manager set out in the Service Charge Residential Management Code (“the Code”) (3rd Edition) or such other replacement code published by the Royal Institution of Chartered Surveyors (“RICS”) and approved by the Secretary of State pursuant to section 87 Leasehold Reform Housing and Urban Development Act 1993(whether the Manager is a Member of the RICS or not; and

(d) the provisions of sections 18 to 30 of the Landlord and Tenant Act 1985.

8. From the date this Order comes into effect, no other party shall be entitled to exercise a management function in respect of the Property where the same is the responsibility of the Manager under this Order.

9. The Tribunal requires the Manager to act fairly and impartially in the performance of their functions under this Order and with the skill, care and diligence to be reasonably expected of a Manager experienced in carrying out work of a similar scope and complexity to that required for the performance of the said functions.

10. The Manager or any other interested person may apply to vary or discharge this Order pursuant to the provisions of section 24(9) of the Act.

11. The Tribunal may, upon receipt of information or notification of change of circumstances, issue directions to the parties, or any other interested person, concerning the operation of this Order, both during its term, and after its expiry.

12. [NAME] to extend or renew this Order must be made before the end date, preferably at least three months before that date, and supported by a brief report of the management of the Property during the period of the appointment. Where an [NAME] for an extension or renewal is made prior to the end date, then the Manager’s appointment will continue until that [NAME] has been finally determined.

10 13. The Manager is appointed to take all decisions about the management of the Property necessary to achieve the purposes of this Order. If the Manager is unable to decide what course to take, the Manager may apply to the Tribunal for further directions, in accordance with section 24(4), Landlord and Tenant Act 1987. Circumstances in which a request for such directions may be appropriate include, but are not limited to: (a) a serious or persistent failure by any party to comply with an obligation imposed by this Order;

(b) circumstances where there are insufficient sums held by the Manager to discharge their obligations under this Order and/or for the parties to pay the Manager’s remuneration; and

(c) where the Manager is in doubt as to the proper construction and meaning of this Order.

Contracts

14. Rights and liabilities arising under contracts, including any contract of insurance and/or any contract for the provision of any services to the Property, to which the Manager is not a party, but which are relevant to the management of the Property, shall upon the date of appointment become rights and liabilities of the Manager, save that: (a) the Landlord shall indemnify the Manager for any liabilities arising before commencement of this Order; and

(b) the Manager has the right to decide, in their absolute discretion, the contracts in respect of which they will assume such rights and liabilities, with such decision to be communicated in writing to the relevant parties within 56 days from the date this order.

15. The Manager may place, supervise and administer contracts and check demands for payment of goods, services and equipment supplied for the benefit of the Property.

16. The Manager shall be responsible for carrying out those functions in the residential Leases concerning approvals and permissions relating to subletting's that the Leases provide should be carried out by the Landlord.

17. The Landlord shall notify the Manager of any approvals or permissions relating to assignments, licences to assign, alterations and improvements.

18. The Manager shall be responsible for responding to pre-contract enquiries regarding the sale of a residential flat at the Property.

11 Legal Proceedings

19. The Manager may bring or defend any court or tribunal proceedings relating to management of the Property (whether contractual or tortious) and, subject to the approval of the Tribunal, may continue to bring or defend proceedings relating to the appointment, after the end of their appointment.

20. Such entitlement includes bringing proceedings in respect of arrears of service charge attributable to any of the Flats in the Property, including, where appropriate, proceedings before this Tribunal under section 27A of the Landlord and Tenant Act 1985 and in respect of administration charges under schedule 11 of the Commonhold and Leasehold Reform Act 2002 or under section 168(4) of that Act or before the courts and shall further include any appeal against any decision made in any such proceedings.

21. The Manager may instruct solicitors, counsel, and other professionals in seeking to bring or defend legal proceedings and is entitled to be reimbursed from the service charge account in respect of costs, disbursements or VAT reasonably incurred in doing so during, or after, this appointment. If costs paid from the service charge are subsequently recovered from another party, those costs must be refunded to the service charge account. Remuneration

22. The Tenants are responsible for payment of 100 % of the Manager's fees, which are to be payable under the provisions of this Order but which may be collected under the service charge mechanisms of their Leases.

23. The sums payable are: (a) an annual fee of £300+VAT per flat for performing the duties set out in paragraph 3.4 of the RICS Code (so far as applicable) to increase by RPI on an annual basis

(b) any additional fees contained in a schedule to this Order for the duties set out in paragraph 3.5 of the RICS Code (so far as applicable); and

(c) VAT on the above fees.

Ground Rent and Service charge

24. The Manager shall not collect the ground rents payable under the residential Leases.

12 25. The Manager shall collect all service charges and insurance premium contributions payable under the Leases, in accordance with the terms and mechanisms in the Leases.

26. Whether or not the terms of any Lease so provide, the Manager shall have the authority to: (a) demand payments in advance and balancing payments at the end of the accounting year;

(b) establish a sinking fund to meet the Landlord’s obligations under the Leases;

(c) allocate credits of service charge due to Tenants at the end of the accounting year to the sinking fund;

(d) alter the accounting year and to collect arrears of service charge and insurance that have accrued before their appointment; and

(e) take over management of the insurance provision including the right to place the insurance

(f) take over management of the metering and billing provision for the Bronze Residential Units including the right to place those contracts

(g) recognise a Recognised Tenants Association provided that it is properly constituted.

27. The Manager is entitled to recover through the service charge the reasonable cost and fees of any surveyors, architects, solicitors, counsel, and other professional persons or firms, incurred by them whilst carrying out their functions under the Order. Administration Charges

28. The Manager may recover administration charges from individual Tenants for their costs incurred in collecting service charges and insurance which includes the costs of reminder letters, transfer of files to solicitors and letters before action. Such charges will be subject to legal requirements as set out in schedule 11 of the Commonhold and Leasehold Reform Act 2002. The details of the fees charged are set out in the Appendix of additional fees. Disputes

29. In the event of a dispute regarding the payability of any sum payable under this Order by the lessees, additional to those under the Leases (including as to the remuneration payable to the Manager and litigation costs incurred by the Manager), a Tenant, or the Manager, may apply to the Tribunal seeking a determination under section 27A of the

13 Landlord and Tenant Act 1985 as to whether the sum in dispute is payable and, if so, in what amount.

30. In the event of a dispute regarding the payability of any sum payable under this Order by the landlord, other than a payment under a Lease, the Manager or the Landlord may apply to the tribunal seeking a determination as to whether the sum in dispute is payable and, if so, in what amount.

31. In the event of dispute regarding the conduct of the management of the Property by the Manager, any person interested may apply to the Tribunal to vary or discharge the order in accordance with section 24(9) of the Landlord and Tenant Act 1987.

32. In the event of a dispute regarding the reimbursement of unexpended monies at the end of the Manager’s appointment, the Manager, a Tenant, or the Landlord may apply to the Tribunal for a determination as to what monies, if any, are payable, to whom, and in what amount. DIRECTIONS TO LANDLORD

33. The Landlord must comply with the terms of this Order.

34. On any disposition (other than a charge) of the Landlord’s estate in the Property, the Landlord will procure from the person to whom the Property is to be conveyed, a direct covenant with the Manager, that the said person will (a) comply with the terms of this Order; and (b) on any future disposition (other than a charge) procure a direct covenant in the same terms from the person to whom the Property is to be conveyed.

35. The Landlord shall give all reasonable assistance and co-operation to the Manager in pursuance of their functions, rights, duties and powers under this Order, and shall not interfere or attempt to interfere with the exercise of any of the Manager’s said rights, duties or powers except by due process of law.

36. The Landlord is to allow the Manager and their employees and agents access to all parts of the Property and must provide keys, passwords, and any other documents or information necessary for the practical management of the Property in order that the Manager might conveniently perform their functions and duties and exercise their powers under this Order.

37. Unless otherwise specified in this clause 37, by 1 June 2025 the Landlord must provide all necessary information to the Manager to provide for an orderly transfer of responsibilities, to include the transfer of:

14 (a) all accounts, books and records relating to the Property, including a complete record of all unpaid service charges;

(b) all funds relating to the Property including uncommitted service charges and any monies standing to the credit of a reserve or sinking fund;

(c) Service charge accounts for 2023 to be provided with invoices by 1 June 2025;

(d) Service charge accounts for 2024 to be provided with invoices by 1 July 2025;

(e) All OM manuals and Building Safety Act paperwork to be transferred as part of the management handover;

(f) All FRAs/GRAs/Fire Door/Health and Safety Reports to be transferred as part of the management handover;

(g) disclosure of all claims under the buildings insurance to date as part of the management handover; and

(h) a summary of the 2024 accounts to be provided by 1 June 2025.

DIRECTIONS TO MANAGER

38. The Manager must adhere to the terms of the Order above. Entry of a Form L restriction in the Register of the Landlord’s Registered Estate

39. To protect the direction in paragraph 34 for procurement by the Landlord, of a direct covenant with the Manager, the Manager must apply for the entry of the following restriction in the register of the Landlord’s estate under title no LN20923 “No disposition of the registered estate (other than a charge) by the [NAME] of the registered estate, or by the [NAME] of any registered charge, not being a charge registered before the entry of this restriction, is to be completed by registration without a certificate signed by the applicant for registration [or their conveyancer] that the provisions of paragraph 35 of an Order of the Tribunal dated [………..……] have been complied with”

Registration

40. The Manager must make an [NAME] to HM Land Registry for entry of the restriction referred to in paragraph 39, within 14 days of the date of this Order.

15 41. A copy of the Order should accompany the [NAME] (unless it is submitted by a solicitor able to make the necessary declaration at Box 8(c) of the RX1 [NAME] form). The [NAME] should confirm that:

this is an Order made under the Landlord and Tenant Act 1987, Part II (Appointment of Managers by a Tribunal) and that pursuant to section 24(8) of the 1987 Act, the Land Registration Act 2002 shall apply in relation to an Order made under this section as they apply in relation to an order appointing a receiver or sequestrator of land.

42. Consequently, pursuant to Rule 93(s) of the Land Registration Rules 2003, the Manager is a person regarded as having sufficient interest to apply for a restriction in standard Form L.

43. The Manager shall apply to HM Land Registry to remove the restriction within 14 days of the expiry of the Manager's appointment and shall notify the Landlord that the restriction has been removed within 14 days of expiry of the Manager's appointment. Conflicts of Interest

44. The Manager must be astute to avoid any Conflict of Interest between their duties and obligations under this Order, and their contractual dealings. Where in doubt, the Manager should apply to the Tribunal for directions. Complaints

45. The Manager must operate a complaints procedure in accordance with, or substantially similar to, the requirements of the Royal Institution of Chartered Surveyors. Insurance

46. The Manager must maintain appropriate building insurance for the Property and ensure that the Manager’s interest and the Landlord's interest is noted on the insurance policy.

47. From the date of appointment, and throughout the appointment, the Manager must ensure that she has appropriate professional indemnity insurance cover in the sum of at least £2 million and shall provide copies of the certificate of liability insurance to the Tribunal, and, upon request, to any Tenant or the Landlord. The Certificate should specifically state that it applies to the duties of a Tribunal appointed Manager. Accounts

48. The Manager must:

16 (a) prepare and submit to the Landlord and the Tenants an annual statement of account detailing all monies receivable, received and expended. The accounts are to be certified by the external auditor, if required under the Leases;

(b) maintain efficient records and books of account and to produce for these for inspection, to include receipts or other evidence of expenditure, upon request by the Landlord or a Tenant under section22 Landlord and Tenant Act 1985;

(c) maintain on trust in an interest-bearing account at such bank or building society, as the Manager shall from time to time decide, into which ground rent, service charge contributions, Insurance Rent, and all other monies arising under the Leases shall be paid; and

(d) hold all monies collected in accordance with the provisions of the Code.

Repairs and maintenance

49. The Manager must: (a) by 1 June 2025 (depending on CAPEX) draw up a planned maintenance programme for the period of the appointment, allowing for the periodic re-decoration and repair of the exterior and interior common parts of the Property, as well as any roads, accessways, mechanical, electrical and other installations serving the Property, and shall send a copy to every Tenant and to the Landlord;

(b) subject to receiving sufficient prior funds:

(i) carry out all required repair and maintenance required at the Property, in accordance with the Landlord’s covenants in the Leases, including instructing contractors to attend and rectify problems, and is entitled to recover the cost of doing so as service charge payable under the Leases or in accordance with the Order.

(ii) arrange and supervise any required major works to the Property, including preparing a specification of works and obtaining competitive tenders.

(c) liaise with all relevant statutory bodies in the carrying out of their management functions under the Order; and

(d) ensure that the Landlord, and the Tenants, are consulted on any planned and major works to the Property and to give proper regard to their views.

50. The Manager has the power to incur expenditure in respect of health and safety equipment reasonably required to comply with regulatory and statutory requirements.

17 Reporting

51. By no later than six months from the date of appointment (and then annually) the Manager must prepare and submit a brief written report to the Tenants, and the Landlord, on the progress of the management of the Property up to that date, providing a copy to the Tribunal at the same time. End of Appointment

52. No later than 56 days before the end date, the Manager must: (a) apply to the Tribunal for directions as to the disposal of any unexpended monies;

(b) include with that [NAME] a brief written report on the progress and outcome of the management of the Property up to that date (a “Final Report”); and

(c) seek a direction from the Tribunal as to the mechanism for determining any unresolved disputes arising from the Manager’s term of appointment (whether through court or tribunal proceedings or otherwise).

53. Unless the Tribunal directs otherwise the Manager must within two months of the end date: (a) prepare final closing accounts and send copies of the accounts and the Final Report to the Landlord and Tenants, who may raise queries on them within 14 days; and

(b) answer any such queries within a further 14 days.

54. The Manager must reimburse any unexpended monies to the paying parties, or, if it be the case, to any new Tribunal appointed Manager within three months of the end date or, in the case of a dispute, as decided by the Tribunal upon an [NAME] by any interested party.

18 Managers Menu of Services & Charges Fee Basis – Management Package

Annual management fee The (to increase by RPI on an annual basis) a fixed fee of £300+VAT per unit per annum

Site set up

£750+VAT

HR admin – management of concierge

Management and updating of documentation (Resident Engagement Strategy, updating Fire Brigade, Building Safety Register, Building Safety Case)

(£1,200 + VAT per staff member)

£1,100 +VAT per annum

Supplement for managing metered utilities

Where applicable, additional fees for reading gas meters & separately accounting this to the individual properties: £350

Supplement for running automated payroll Where applicable, £250 to include: Wage slips, Annual Employers PAYE Return P35 & accounting monthly payments to revenue authorities.

Supplement for P11D’s Where applicable, £100 for P11Ds where a [NAME] has accommodation in connection with their employment, land telephones with private usage or vehicles or other benefits in kind or personal expenses reimbursed.

Preliminary enquiries Registering notices of assignment, including notice of mortgage from £60 + VAT

19 Services excluded from the fixed rate Block Management Fee:

a) Carrying out an inspection of the Property (other than the common parts thereof), or a building survey or valuation of the Property for security purposes, or preparing or checking an inventory;

Single Item Defect Report – from £350 + VAT Building Survey – from £850 + VAT Asset Valuation – from £400 + VAT Freehold Enfranchisement valuation – from £600 + VAT

b) Offering vacant property to let, preparing tenancy agreements, advising the Client on rents, consulting Rent Officers and [NAME] submissions to the Rent Assessment Committee, advising the Client on the terms of any lease or negotiating the terms of any new or varied lease;

Preparation of Tenancy Agreement - £150 + VAT Finding a tenant for a residential letting – 8% of the annual rent Preparation of evidence and Rent Officer applications – from £400 + VAT

c) Advising on right to manage, freehold purchase/enfranchisement applications and/or the sale of shares in any [COMPANY] to non-freehold owners or any non-demised parts of the building; including preparing statutory valuations, service of notices, formation of right to manage and/or freehold/management companies, preparation of EGM notices, attendance at meetings, changes to the company structure (Memorandum & Articles of association) to facilitate any grant/issue/allotment of shares, sale of shares, managing a bank account for the purpose, negotiating premiums, advising on how to deal with/allocate the proceeds of sale including grant of dividends, advance corporation tax and executing deed of variations to grant lease extensions;

Right to Manage Applications – Serving participation notice and serving claim notice- £750+VAT Lease Extension valuation – from £300 + VAT Freehold Enfranchisement valuation – from £600 + VAT Serving Notice for information or to claim rights for enfranchisement or lease extension – from £250 + VAT Preparation of Deed of Variations to extend or vary a single clause in a lease – from £400 + VAT Checking constitution of a company, calling a meeting & drafting changes to the Memorandum & Articles of Association to enable shares to be sold in the [COMPANY] or disposal of part of the building - £250 + VAT

20 d) initiating or responding to, conducting, negotiating with the parties, preparing evidence for and attending hearings or First Tier Tribunal proceedings and otherwise dealing with any rent review, party wall proceedings, [NAME] for a grant or for consent, insurance claims, arbitration or litigation;

For FTT, Court Work, Arbitration or Litigation hourly rate applies, from £150 depending on grade of person attending

e) preparing statutory notices to include consultation notices to comply with landlord & tenant legislation

Service of Section 20 Notices – fees depend on value of works Stage 1 - from £300 + Vat Stage 2 – from £300 + Vat Stage 3 – from £300 + Vat

f) Dealing with [COMPANY] to maintain the legal ownership registers where notice of transfer is not received from a purchaser on sale and detective work is required to trace sales that are not notified to us, dealing with [NAME] or an accountant who will not visit our offices to view bank, invoice & other audit records to which a time charge for copying original records will apply.

Hourly charge as per time taken, rate depends on expertise of staff involved from £80 - £150 per hour

g) Dealing with local government matters including registration of Houses in Multiple Occupation, council tax valuations, planning permission, building regulations consent and grant applications;

h) Advising on or assisting with enforcing contracts where the contracting parties do not include the Client/Client Company, or where [NAME] were not the appointed managing agent/contract administrator at the time hence researching time is required;

i) Supervising and verifying the performance of contractors or other professional consultants whose work would normally require verification by a [NAME]; ie, where repair or improvement works are procured via an informal tender situation as opposed to a project run by an Engineer under a JCT contract.

Fee basis the greater of an hourly rate fee for acting on the instructions of the Client or 5% whichever is the greater.

21 j) Acting as liaison between Directors, Lessees for capital works projects on which [NAME] are not appointed as Contract Administrator including the co-ordination of outside consultants, contractors.

Fee basis for such works to be remunerated at : Value of works £1-£50,000 - 3%, £50,-£100,000 – 2.5%, £100-£200,000 – 2%, £200-£300,000 - 2%, £300,000+ – 1.5%

k) Preparing specifications for tender, supervising and measuring works the cost of which exceeds the specified expenditure limits and for non-routine matters and where expenditure is in excess of the limits contained in the Landlord and Tenant Acts 1985 and 1987 or as subsequently amended;

From 8-15% of the value of the works, chargeable £1,000 for specification, £750 for tender analysis with balance drawn down as job milestones reached. 10-12% appropriate.

l) Advising on safety or health matters to any part of the property including Access Audits, compliance with the Disability Discrimination Acts, Water Treatment or other requirements laid down by insurers, the Local Fire Officer or local government;

m) Complying with requirements on Clients by their insurers or health & safety legislation insofar as they relate to the waste, neglect, negligence, lack of repair or compliance with IEE, gas safety or water regulations as applicable to individual flats;

Hourly charge as per time taken, rate depends on expertise of staff involved from £150 per hour

n) after notifying a [NAME] in writing 2 times of a potential breach of covenant, preparing repairs and/or breach of covenant or forfeiture notices is chargeable;

Letter setting our breach of specific clauses in the lease - £80+VAT Section 146 Notice - £1,500 +VAT

o) Any advertising and recruitment of staff on behalf of the Client;

Disbursements as passed on by newspaper or advertising media

p) Supplying extra copies of statements of account and copies of any other documents;

22 Copy charge at 10pence per sheet + hourly rate for administrative time incurred at a maximum of £50 per hour

r) dealing or advising upon applications for sub-lettings,

s) Providing copies (other than odd 1 off copies) of supporting invoices or other property records. All property records and invoices will be made available for inspection at our offices during working hours with or without appointment at no charge.

Copy charge at 10pence per sheet + hourly rate for administrative time incurred at a maximum of £80 per hour

t) [NAME] has a panel of accountants who, if appointed, will inspect Client bank statements, invoices, paying in book, cheque book stubs, bank reconciliations and other relevant information on site at [NAME]. Where a Client chooses a panel accountant no charges will be made for taking copies of the Client’s full financial records for collection or despatch, otherwise the copy charge below, subsequent revision thereof, will apply.

Copy charge at 10 pence per sheet + hourly rate for administrative time incurred at a maximum of £80 per hour