Flat-Living.co.uk Disputes
The one thing that can heighten conflict is to ignore matters and hope
they go away. They seldom do. Matters normally become exaggerated in the mind of the affected person. If it is an issue for which there is little or no solution such as leaving rubbish outside of a bin store or noise that isn’t as bad as someone thinks then the only answer is to acknowledge and try and convince through effective communication the need to be respectful to all. We once had someone who claimed the lift was too noisy and must have a fault. We had out consultants, lift engineers, independent reports, none of whom found anything wrong. We took these actions because the individual was looking for legal redress and we felt we must cover all options to save a lot of needless legal expense for the rest of the leaseholders. So being proactive is safeguarding potentially large expenses for the majority of homeowners.
COURT ACTION
The worst we ever came across was a tenant who habitually
brought court action against the Resident Management Company directors while, at the same time, the block’s managing agent with made up charges such as scratching his car, denying him access to amenities, stealing plants and soil but leaving the plant pot! This racked up tens of thousands in pounds in legal fees, needlessly, which the previous agents put through the service charge. The result was all homeowners were paying for a personal dispute. When we took over the development as managing agents we incurred no legal fees and I wouldn’t let anyone else in my office but me deal with him. He was basically a bully and just needed someone to stand up to him and not be intimidated. Why he was like that I have no idea, and care even less, it just needed someone to protect the interests of the majority of homeowners! So sometimes there is nothing you can do but to accept that everyone is different. But generally the best course is for the agent to make sure they have effective communication tools, are there to
work with all and to do what their title suggests – manage. This means letting all leaseholders having access to documents, reports, meeting minutes, contractor quotes, etc. It won’t solve all the problems but it does make it easier for the
awkward people to see evenness in dealing, and to try and build, a community.
Dealing with disputes – a summary:
If you find yourself in the difficult position of mediating between warring neighbours, here is a quick guide to dealing with the problem fast and effectively.
problem (no matter how trivial it may appear) and deal with it in a fair manner.
themselves by talking to the parties involved and coming to an amicable agreement, the issue should be escalated, not allowed to fester.
deal with the problem as objective neutral parties. However, not all agents are willing to get involved and RMCs may have to fall back on their own good judgement. If all else fails, a professional mediator may be enlisted to help.
solicitor may be needed to resolve the issue fairly and to the satisfaction of both parties. Bear in mind that this may become costly and that both parties to the dispute must be prepared to accept the outcome as final.
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