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ARMA Where now for leasehold? Debating leasehold issues: a heated discussion during the panel session


BBC TV presenter Martin Roberts moderated the proceedings and ARMA’s newly appointed chairman Peter Dening (see interview on page 33 of this issue), welcomed delegates in his opening address. David Hewett, ARMA’s chief executive, kicked off by giving an overview of today’s property management sector. He assessed ARMA’s present contribution to the market and looked to the future, explaining what the Association will be doing to fill the gaps created by the government’s decision not to introduce statutory regulation or accounting regulations to protect lessees’ funds. David spoke of how ARMA is working closely with other significant bodies such as the RICS and the ICAEW to drive up standards for the benefit of everyone in the sector and was able to announce the launch of the AssocRICS qualification in residential property management. AssocRICS is an assessment of practical competence and the introduction of a property management route will ensure there is a healthy influx of new blood into the profession while providing a career path for experienced professionals to meet the future needs of their clients.


T LEGISLATION UPDATE


With the recent announcement by the Coalition that they do not intend to regulate or introduce accounting regulations, John Mills’ (ARMA’s Technical Officer) legislation update might have seemed a little redundant. But this is the leasehold sector and there is always plenty of proposed legislation to anticipate and debate. John previewed to delegates those aspects of the legal landscape that are likely to affect them in future, while encouraging them to be well prepared for the coming year. He then outlined the new joint guidance on service charge accounting that ARMA is working on with the ICAEW and RICS to help improve standards (the consultation document can be downloaded from www.arma.org.uk). Other important updates from John were on revised Section 20 guidance by ARMA and LEASE (also available to download freely from www.arma.org.uk); VAT increases and common parts; the impending clamping legislation (and how ARMA is lobbying against this); and money laundering.


BE LEASE-AWARE


ARMA’s honorary solicitor Mark Timberlake from Laceys took to the podium next to give delegates an insight into the most important elements to be aware of in a lease. He focused particularly on interpreting and managing difficult clauses. Mark used his experience as a solicitor to outline typical problems arising from nightmare leases,


he 2010 ARMA Conference was held at the QEII Conference Centre in Westminster. The 500-plus delegates attending the event manage around a million leasehold flats in 40,000 blocks, representing the majority of the managed sector.


Flat Living reports from November’s conference, where more than 500 delegates heard how ARMA aims to tackle the void created by the Coalition Government’s policies on residential leasehold property


and how managing agents can deal with these and work to minimise the risks to their clients arising from badly worded clauses. Mark was followed by Neil Maloney of My Home Surveyor who gave delegates advice and guidance on how to prepare for site visits and avoid health & safety pitfalls by using some case studies from his own experiences as a surveyor. This session was followed by a detailed look at the LVT and upper chamber processes from the point of view of a property manager, barrister and LVT panellist.


INNOVATION AWARD


The 2010 Conference saw the presentation of the first ARMA Innovation Award to a member firm. The purpose of this award is to recognise and encourage innovation within the residential leasehold sector. An independent judging panel of Baroness Diane Hayter, ex-chair of the Property Standards Board, Ian Fletcher, director of the British Property Federation and Liz Black, head of property sector Asset Skills chose Rendall & Rittner as the winner. Out of the seven excellent entries, Rendall & Rittner were chosen for their development of a sustainability policy which has subsequently been updated and expanded over the last 18 months. The foundation for this was the government definition of a sustainable community: active, inclusive, well run, thriving and environmentally sensitive. As managing agents, Rendall & Rittner believe they can have a positive impact in all of these areas and have developed a wide range of sustainability initiatives which they are continually looking to develop and expand. Topics covered during the afternoon session included the need for


proper training and support for new property managers, maintaining and providing a specialist service out of the ruins of recession and an overview of the law relating to employment of illegal immigrants.


REPRESENTING YOUR VIEWS


One of the highlights of the day was the panel session which rounded off the conference, giving delegates the opportunity to air their concerns and opinions. RMC director Alan Walker championed the lessee - an ideal forum - in a room filled by more than 500 property managers! In fact Alan turned out to be the star of the show, wittily offering feedback, solutions and opinions to the questions and views put forward by delegates. The consumer element of the panel was further strengthened by the presence of Baroness Hayter, balanced by Ben Jordan of property management company Premier Estates and Ian Fletcher of the British Property Federation.


The 2011 conference will take place on 5 October. Go to www.arma.org.uk for more details.


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