APPOINTING A MANAGING AGENT Letmetellyouwhat I


Managing agent KiMWArd takes flat ownersthrough theselection processand offers some tips fora smooth working relationship


BEforEstArtingthEselectionprocess foramanagingagent,the directorsof themanagement company or residents’ associationshouldprepare aclear and detailed brief. This is thebest waytoestablish whetherornot theprospective agents they are meetingare best placed to provide theservices required. First,drawupascheduleofthe services you


expectfrom aprospective agent. Your lease andlastyear’sactualexpenditure will assist with this process. Review theareaswhere youwould liketosee improvements andthen discuss openly any current problems with your prospective agents. This will give them aclear understandingofthe currentsituation andtheir suggestions forovercomingthese obstacleswilleitherreassure youoftheir ability tomanage your blockeffectivelyortake themoff your shortlist. It is also importantto reachanagreement on selectionofcontractors and any authorised spend limits. Discuss with each agent their experience


of attendingthe LVT(LeaseholdValuation Tribunal)and courthearings. This will be useful if thereare arrearstoberecovered or if other disputes arise. To ensure that youwillbereceiving a


professional service, ask about staff training and/or qualifications.Iftheyare professionally qualifiedagentstheyshouldhaveaformal complaints procedureinplace.Check that this is the case and that it offers clear timeframes forresolution.Anyagent youappoint should have professional liability andindemnity insurancetoprotect againstnegligenceclaims.


KeepontalKing Once you have selected a firmofmanaging agents,ask tomeet with your property manager. It always helpstoput afacetothe nameandwillhelpyourrelationshiptostart on the right footing. Fromtheoutset,confirmtoyourdesignated


propertymanageryourrequirementsso there can be no misunderstandings at a later stage. Set downon paper or in anemail your preferredmethod of communication, the frequencyofupdates, regularity ofmeetings anddetails of theinformation yourequire on a


misunderstandings


regularbasis.Alsomakesurethe agentknows when he or sheshouldbeseeking authority fromtheRMC/RTMCo to carry out works or take decisions on your behalf. Youmay wish to arrangetomeetwithyour


propertymanagerwhenheorshe carries out theirperiodicinspectionsofyourblock. This wayyou will be able to discussany particular issuesinpersonand will also be awareofthe issuesbeing notedand theactionthe agent proposes to take.Perhapsmost important,


cAsE study the CloCk houSe: under newmanagement AcornEstAtE


MAnAgEMEnt hadmanaged the


Clock House, a listed conversion inBromley, Kent on behalf of the ResidentManagement Company frominitial


redevelopment of the 13- unit block in 2005. NewRMCboard


directorswere then appointed,who decided


they couldsavecosts by selfmanaging the Clock House but the directors found it


difficult to juggle full


timeworkcommitments whilemanaging the development. This led to a number of the flat owners becoming dissatisfied and withholdingtheir service charges. The directorswere unable to collect arrears so opted to instructasmall maintenance


company that had turned its hand to


Flat Living Summer 2012


estatemanagement. The RMCdirectors instructed the newagent to change theservice charge apportionments,but unfortunately these did not correspond with the lease. Thearrears situation


worsened to the point where themajority of leaseholderswere withholdingservice charges. Therewere no fundsformaintenance or insurance.Noservice chargeorcompany accounts had been prepared and theRMC was due to be struck off at


requirements so therecan be no


Confirm... your


Want


this is agood waytomaintain arelationship anditwillprovide your propertymanager with an ongoingunderstandingofyour requirements.


tacKle problemsearly In order tomaintainagood working relationship with yourmanaging agentitis best to deal with problemsbefore they become a cause for complaint. Thefirst step is to call oremailyour


propertymanagertoprovide themwith details of the problemor query. If it is a more complexquery,thenemail is preferable. Ask themif he or shecan look into thematter andthencallyou to discuss. This wouldbe agood opportunitytodiscuss thequery in more detail as the propertymanager will have putaside timeto concentrateonthe query in hand. If youare unclearonany aspect, askyour


agenttoclarify.Similarly if he or sherefers youtoacovenantwithinthe leaseorsection of thelaw,get themto explain in simple termswhatitmeans.Ifnecessary,request an appointment to discuss thematter in person. Leaseholders anddirectors canobtain free


useful advice fromwww.lease-advice.org Remember………..Youragent will be as keen as you are to resolve any difficulty.●


KimWardMARLA,Business DevelopmentManager tel 0208 315 5548 Email kim.ward@acorn.ltd.uk Acorn EstateManagement, 19-23Masons Hill BromleyBR29HD Websitewww.acornestatemanagement.co.uk


CompaniesHouse. Twoofthe leaseholders


then overturned the existing directors and took the decision to re-appoint Acorn Estate Management. Acorn quickly stepped


in to resolve the situation. Themanaging agent organised for theRMC directors tomake a loan to the service charge account, allowing for basicmanagement to resume. Acornwas then able to: nResolve issues with CompaniesHouse nWork with the out-going


agenttoestablish facts, figures and calculated funds owed to the service charge account nArrange for all accounts to be drafted nCollect all the service chargearrears. Within 12months


of taking over, all leaseholders at the Clock House are nowonboard andcyclicalmaintenance works are underway. As Acorn’sKimWard points out, changing your agent is notdifficult but if you find the right property manager fromthe outset, it should be unnecessary.


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