Tribunal Appoints New Manager for Property Mismanagement

OUTCOME: Allowed

1

Case Reference

: CHI/00HH/LAM/2020/0016

Property : [NAME], [ADDRESS], Torquay, Devon TQ2

5NP

Applicant Leaseholders : Mr [APPELLANT] & Mr

[APPELLANT] (Flat 3)

Mr [NAME]

[NAME] [RESPONDENT] Manager

: [NAME] [RESPONDENT]

Respondent Freeholder : [APPELLANT].

Type of Application : Landlord and Tenant Act 1987,

Section 24

Tribunal Members

: Judge M Davey

Mr W H Gater FRICS MCIArb

Date of hearing

: 19 January 2022

Date of Decision with reasons

: 18 February 2022

Issued 8 March 2022

© CROWN COPYRIGHT 2022

FIRST - TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY)

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DECISION

In accordance with section 24 of the Landlord and Tenant Act 1987 [APPELLANT[NAME] is appointed as Manager of the Property. The Order of appointment is annexed to this decision. The appointment will start on 1 March 2022 and will end on 28 February 2024.

REASONS

The Application

1. By an application dated 21 December 2020, the Applicants applied to the First-tier Tribunal (Property Chamber) (“the Tribunal”), under section 24 of the Landlord and Tenant Act 1987 (“the 1987 Act”) for the appointment by the Tribunal of a Manager of the Property (“the Application”). The Applicants are Mr [NAME] and Mr [NAME], the joint lessees of Flat 2 [NAME] 111 [ADDRESS] [POSTCODE]; Mr [NAME], the lessee of Flat 3 [NAME] and [NAME] [RESPONDENT], the lessee of Flat 5 [NAME]. The Respondent to the Application is [RESPONDENT], being the freeholder landlord of the Building containing the flats.

The subject property

2. The Building, which the Tribunal did not inspect, is stated to be a converted hotel in Torquay (the former Westwood Hotel) containing 8 flats. The Applicants hold their respective flats under 999 year leases and the remaining Flats are understood to have been retained by the Respondent landlord who lets them out on short term tenancies.

3. The eight flats are in a part-single and part two-storey building originally annexed to the main part of the hotel, towards the rear.

The initial hearing

4. The Tribunal considered the Application on 8 June 2021 following a video platform hearing earlier that day and issued its reasoned decision in writing on 15 June 2021.

The decision of 15 June 2021

5. In its decision of 15 June 2021 the Tribunal stated that it was satisfied that the circumstances were as outlined by the Applicants who had made

3 out grounds, under section 24(2)(a)(i), (ac) and (b) of the 1987 Act for the appointment of a manager of the Building. The Applicants produced ample, convincing and uncontested evidence that the Landlord Company had not managed the Building in accordance with the terms of the Lease. It had failed to provide any services and charges for the same and had also failed to demand Insurance Rent in accordance with the terms of the Lease or demonstrate that the Building had been insured in accordance with the Lease.

6. However, having read his written statement and his oral evidence, the Tribunal regrettably decided that it was unable to appoint the proposed manager as the manager of [NAME]. The Tribunal stated that it was regrettable because the matter was urgent and the Applicants had made a compelling case for the need of a Tribunal appointed manager. This was particularly so in relation to insurance and repairs. Furthermore, the marketability of the flats was seriously compromised as the Applicants had discovered.

7. The Tribunal therefore adjourned that part of the Application, which would not affect the finding that a case had been made out for the appointment of the Manager. This left it open to the Applicants to return to the Tribunal as soon as possible with an alternative proposed manager for appointment by the Tribunal. The adjourned hearing 8. On 15 November 2021 the Applicants made a further proposal for a Tribunal appointed manager. The selected manager is [NAME] [NAME[NAME].

9. On 16 December 2021 Mr [NAME].H.[NAME] (Regional Surveyor) issued Directions to the parties setting out a timetable leading to an oral hearing by way of video on 19 January 2022.

10. At that hearing the Applicants were represented by Mr [NAME] (joint leaseholder of Flat 2 [NAME]). As in the case of the hearing on 7 June 2021 the Respondent was not present or represented. Also present were Mr [APPELLANT] (joint tenant with [NAME] of Flat 2) and the proposed manager [NAME] [NAME[NAME]. The case for the Applicants 11. By way of introduction, [NAME] explained that since the Tribunal’s decision of 15 June 2021 the Applicants had spent several months searching for a suitable potential manager all to no avail until they discovered [NAME] [NAME]. He reiterated that the Applicants considered it to be imperative that an appropriate manager be appointed by the Tribunal because of the Landlord’s total failure to manage the Building which has placed an immense strain on the physical and mental well being of the Applicants, who include vulnerable and elderly persons.

4 12. [NAME] [NAME] stated that she had worked in estate agency or block management for the last eleven years. She had been in sole practice since 2017, although until May 2021 she had also worked part-time for Angela Dixon Sales and Lettings. She managed 7 blocks of flats including one block where the Tribunal had appointed her as a manager under the 1987 Act two previous managers having failed to manage the property with any degree of success ([ADDRESS] [POSTCODE]. CHI/00HH/LAM/2021/0004).

13. [NAME] [NAME] said that in the case of [ADDRESS], as in the present case, there had been a non-responsive freeholder landlord but since her appointment she had opened up lines of communication with the landlord and a relationship between the parties as well as recovering outstanding arrears.

14. [NAME] [NAME] said that she had looked round [NAME] and observed the lack of health & safety law compliance by the Landlord. She said that the fire alarms had not been tested, there was no fire risk assessment and no asbestos report.

15. [NAME] [NAME] said that if appointed her top priority would be to deal with the health and safety matters with regard to the electrics, including fire alarm and a fire risk assessment and the swollen front door, which endangered swift egress in the event of fire.

16. She said that she would then deal with any outstanding general repairs

or redecoration and a deep clean of the communal areas. [NAME] [NAME]

said that the general condition of the property is relatively good.

17. [NAME] said that she is a member of a client money protection

scheme. She said that she holds a level three award in leasehold

management gained through the Institute of Residential Property

Management of which she is a member. The qualification is gained by

way of a written two-hour examination. [NAME] [NAME] also has a level

three award in residential lettings and property management through

Property Mark of which she is also a member. [NAME] says that she

has extensive local knowledge of Torquay and in an emergency would be

able to attend the property within 10 minutes.

18. [NAME] [NAME] stated that she uses Brady Solicitors, a firm that specializes

in property management matters including recovery of arrears.

19. [NAME] [NAME] stated that she had drawn up a management plan, which

made provision for a service charge budget including reserve fund

contributions. She had also allowed in addition a budget for an initial

service charge payment of £3,700 (including a contingency sum of

£1,000) in order to deal with outstanding service charge matters so as

to provide a starting point for the future. (The Tribunal now has copies

of the plan, estimated service charge budget and a schedule of initial

costs). [NAME] [NAME] said that her charges are £210 per unit. (No VAT).

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The Case for the Respondent

20. The Respondent failed to respond to or comply with any of the Tribunal’s

Directions and therefore did not produce a Statement of Case.

Discussion and determination

21. At the hearing the Tribunal questioned [NAME] [NAME] as to her qualifications; her willingness to act and the terms on which she would manage the Building were she to be appointed. The Tribunal was satisfied from her answers that it would be appropriate to appoint [NAME] [NAME] as Manager. The Order is set out in the Annex to these Reasons. The Tribunal has framed the Order so as to permit a proper scheme of management to be put into operation and to that extent its power so to order is not constrained by the terms of the Lease.

22. These reasons are to be read together with the Tribunal’s decision of 15 June 2021.

Right to appeal

1.

A person wishing to appeal this decision to the Upper Tribunal (Lands Chamber) must seek permission to do so by making written application by email to [EMAIL] to the First-tier Tribunal at the Regional Office, which has been dealing with the case.

2.

The application must arrive at the Tribunal within 28 days after the Tribunal sends to the person making the application written reasons for the decision.

3.

If the person wishing to appeal does not comply with the 28 day time limit, that person shall include with the application for permission to appeal a request for an extension of time and the reason for not complying with the 28 day time limit; the Tribunal will then decide whether to extend time or not to allow the application for permission to appeal to proceed.

4.

The application for permission to appeal must identify the decision of the Tribunal to which it relates, state the grounds of appeal, and state the result the party making the application is seeking.

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ANNEX MANAGEMENT ORDER IN RESPECT OF [NAME], 111 ABBEY ROAD, TORQUAY, DEVON, [POSTCODE] MADE UNDER SECTION 24 OF THE LANDLORD AND TENANT ACT 1987.

1. In this Order:

Interpretation

“The Property” means the flats and other premises known as

[ADDRESS] [POSTCODE] and

registered at HM Land Registry under title number DN630442 and

shall include the Common Parts and the Retained Parts as defined in

the Leases.

“The Landlord” shall mean Unit 2 (Torquay) [RESPONDENT] or its

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 lessee or under-lessee and "Tenant” shall be

construed accordingly.

“The Leases" shall mean all long leases and/or underleases of flats in

the Property (as defined in section 59(3) of the Landlord and Tenant

Act 1987).

“The Manager” means [APPELLANT[NAME].

“The Tribunal” means the First-tier Tribunal (Property Chamber). ORDER 2. In accordance with section 24(1) of the Landlord and Tenant Act 1987

(“the Act”) [APPELLANT[NAME], of [NAME], is appointed

as Manager of the Property. 3. The Manager’s appointment shall start on 1 March 2022 (“the start

date”) and shall end on 29 February 2024 (“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, which includes taking steps to resolve the

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following problems of inadequate management by the Landlord

identified in the Application to the Tribunal. (a) Failure to provide Services and charge for the same by way of estimated and final service charges in accordance with the terms of the Leases since the demand for and payment by the Tenants of estimated charges on grant of the Leases; (b) Failure to provide evidence of Insurance of the Building in accordance with the terms of the Leases. (c) Failure by the Landlord to comply with its obligations in the Lease with regard to maintenance and repair. (d) Failure to carry out a statutory Fire Risk Assessment and to check and maintain fire-fighting equipment.

6. To address the steps identified in the previous paragraph the Manager

is empowered to give notice to the Tenants and the Landlord of an

initial estimated charge in accordance with paragraph 25 of this Order.

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.

8 11. Any application 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 application for an extension

or renewal is made prior to the end date, then the Manager’s

appointment will continue until that application has been finally

determined.

12. 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), of the Act. 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 13. 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 of this

Order. 14. 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. 15. The Manager shall be responsible for responding to pre-contract enquiries regarding the sale of a residential flat at the Property.

9 Legal Proceedings 16. 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. 17. 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. 18. 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 19. Each of the Tenants is responsible for payment of 12.5% of the

Managers’ 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 and the Landlord is responsible for

payment of 62.5% of the Manager’s fees. 20. The sums payable by way of Manager’s fees are:

(a) an annual fee of £210 per flat for the first year of the

appointment and thereafter subject to annual review.

(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 where they are subject to VAT.

10 Ground Rent and Service charge 21. The Manager shall not collect any ground rents payable under the

residential leases. 22. 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. 23. Whether or not the terms of any Lease so provides, 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. 24. The Manager may set, demand and collect a service charge of 12.5%, of

service charge expenditure, per flat to be paid by the Landlord (as if he

were a Tenant), in respect of any flats retained by the Landlord, or let

on terms, which do not require the payment by the tenant of a

service charge. 25. To ensure that the Manager has adequate funds to manage the Property

from the date of appointment, the Manager may immediately levy and

collect by way of an initial charge estimated sums of £462.88 from each

Tenant and £2,314.40 from the Landlord. Any sum demanded by the

Manager shall be payable within 28 days. If the actual sums expended

exceed the initial estimated charge that balance shall be

recoverable by way of service charge. 26. 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 27. 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 Annex of additional fees.

11 Disputes 28. In the event of a dispute regarding the payability of any sum payable

under this Order by the Tenants, 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 Landlord and Tenant Act 1985 as to whether the sum in

dispute is payable and, if so, in what amount. 29. 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. 30. 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. 31. 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 32. The Landlord must comply with the terms of this Order. 33. 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. 34. 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. 35. 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.

12 36. Within 14 days from the date of this Order being sent to the Landlord

the Landlord must provide all necessary information to the Manager, to

enable an orderly transfer of responsibilities, to include the transfer

of:

(a) all accounts, books and records relating to the Property,

including a complete record of all unpaid service charges; and

(b) all funds relating to the Property including uncommitted service

charges and any monies standing to the credit of a reserve or

sinking fund. DIRECTION TO CHIEF LAND REGISTRAR 37. To protect the direction in paragraph 33 for procurement by the

Landlord, of a direct covenant with the Manager, the Registrar is

ordered to enter the following restriction in the register of the

Landlord’s estate under title number DN630442. The restriction is to

have overriding priority against any search with priority or pending

application for a disposition of the registered estate (other than a

charge) that has been lodged after the 21 December 2020.

“No disposition of the registered estate (other than a charge) by the

proprietor of the registered estate, or by the proprietor 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 33 have been complied with” DIRECTIONS TO MANAGER 38. The Manager must adhere to the terms of the Order above. 39. The Manager must make an application to HM Land Registry for entry

of the restriction referred to in paragraph 37, within 14 days of the

date of appointment under this Order. Conflicts of Interest 40. 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 41. The Manager must operate a complaints procedure in accordance with,

or substantially similar to, the requirements of the Royal

Institution of Chartered Surveyors.

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Insurance 42. The Manager must maintain appropriate building insurance for the

Property and ensure that the Manager’s interest is noted on the

insurance policy. 43. From the date of appointment, and throughout the appointment, the

Manager must ensure that he/she has appropriate professional

indemnity insurance cover in the sum of at least £1 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 44. The Manager must:

(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

section 22 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 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 45. The Manager must: (a) by 15 March 2022 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,

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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. 46. The Manager has the power to incur expenditure in respect of

health and safety equipment reasonably required to comply with

regulatory and statutory requirements. Reporting 47. 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 48. 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 application 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). 49. 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.

50. 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 application by any interested party.

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Schedule of Additional Fees

Description

Frequency

Opening and handling bank accounts As required Preparing and sending out service Charge invoices As required Collecting service charges and reserve fund contributions including sending any required statements As required Processing payments relating to the Property within expenditure limits and funds available or as reasonable expediency shall dictate

As required Accounting for Service Charges As required Providing information to accountants for preparing annual accounts As required Using best endeavours to collect current and ongoing routine service charge arrears but not action requiring legal work or LVTs

As required Providing reasonable management informationto the Lessees As required Liaising with the Client As required Liaising with any recognised residents(s) association(s) As required Arranging buildings and other insurance and dealing with general claims up to £1500 As required Entering into and managing maintenance contracts on behalf of the Client As required Viewing, without the use of inspection equipment, the common parts of the Property to check the condition and deal with any necessary repairs other than major repairs

As required Preparing specifications and contracts for minor works and services such as cleaning, gardening, window cleaning and overseeing such works

As required Organising periodic health & safety checks (but not specialist checks and tests) and ensuring appropriate risk assessments are in place

As required Consultation with the client on management matters and qualifying works As required

16 Consultation with the client on long-term agreements except for consultation on the appointment of a managing agent

As required Dealing with day-to-day lessee issues and reporting to and taking instruction from the Client on Lessees dissatisfaction

As required Advising the Client on all relevant legislative and regulatory issues and general interpretation of leases. As required Arranging & Attending Annual General Meeting Annually

Additional Charges

Description

Frequency

Charging basis

* Serving Section 20B Notices As required FOC * Set up Fee Once FOC *Issuing Section 20 Notices As required FOC * Attendance at any meeting after 8pm or at meetings in excess of 2 per year As required £40 per hour of part thereof * Acting as company secretary and Registered Office

£20+VAT Accountant’s Fee * Issuing of Legal Proceedings or instructions to solicitors for breaches of Covenant As required FOC * Providing evidence to the Courts, First Tier Property Tribunal or similar As required FOC * Close down of records and providing information on cessation of management for any reason Once

£1S0 * Dealing with Insurance claims in excess of £1500 including but not limited As required

£50

17 to meeting insurers, contractors and site visits * Dealing with solicitors enquiries on sales and issuing a standard Pre Contract Enquiry Pack As required £200.00 (recharged to tenant) * Additional enquiries (up to 5) As required FOC * Additional enquires (S+) As required FOC * Copy of accounts, full insurance policy or lease As required FOC if issued electronically * Letter of Consent When required FOC * Instructing solicitors in arrears recovery As required FOC * Filing of accounts at Companies [NAME] * Completing and filing annual return Annually Filing Fee * Notice of transfer or assignment As required FOC * Issuing Share or Membership Certificates As required FOC * Deed of Covenant As required FOC * Issuing Notice of Breach of Covenant As required FOC * Debt Collection Administration Fee As required FOC * Preparation of Court Application As required FOC * Application to Mortgage lender following court judgment As required FOC * Preparation and submission of information pack to the court As required FOC * Recharge of third party invoices As required FOC * Photocopying charges As required 15p per A4 sheet Black and white and 20p per A4 Sheet in colour

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Issuing Section 166 notices to collect Ground Rent where required under the terms of the Lease As required FOC Debt Collection Administration Fee As required FOC Preparation of Court Application As required FOC Application to Mortgage Lender following court judgment As required FOC Preparation and submission of information pack to Court As required FOC Recharge of third party invoices As required FOC Photocopying charges As required 15p per A4 sheet Black and White 20p per A4 Sheet in Colour Preparing replacement cost assessment for insurance valuation purposes on buildings and landlord contents As required

Chartered Surveyor’s own fee Supplying additional copies of the accounts and other documents by post As required £0.15 per sheet plus postage Dealing with requests for improvements or alterations by leaseholders and related party wall matters As required Chartered Surveyor’s rate related to party wall matters Legal recovery of unpaid service charges or ground rents or action for non- compliance with leases As required [NAME] for Meetings As required Cost of Hire