OpinionLETTERS


email info@flat-living.co.uk tel0845 257 6374 fax0845 257 6319


Redecoration required?


As asubscribertoyour magazine, Iamsure that you can helpmein con- nection with the re-deco- ration andre-carpetingof common areas. Thecompany of


whichIamthe Secretary andFinancial Director administersandmanages adevelopmentof16 flats andmaisonettes. Each of four blocks houses twoflatsand two maisonetteswithcarpeted common areas(hallsand stairways). Our leaseprovidesfor


thedecoration, cleaning, repair andmaintenance of thecommonareasbut only in general terms. Canyou adviseme,


ideally with reference to other published information, as to the interval between decoration of thecommon areasand thecarpeting of the same? As acompany,wedo


nothaveawritten policy of thesetimeintervals and I would like to correct this so that Ihavea better forwardfinancial planning tool.


Flat Living responds:


Thankyou foryourenquiry. Unfortunatelywecannot provideafully informed response as the lease should ideally be the document thatwould determine such matterswithoutambiguity. However, IssueNo10 (Spring 2012) of theFPRANewsletter providesaveryinformative guidefor leaseholders on this subject.TheFPRAgives replacement of internal decorationasevery seven yearsandcommunalinternal carpets as everyten years. This data should only be used asaguideline as circumstancesmay dictate that thetimesmayneedtobe made shorter or even longer. To contact theFPRAgoto www.fpra.org.uk


32 ALARMMAINTENANCE


TerryDennis Swansea


I live in a block of flats andsmoke alarmsarefitted in thecommunalareas ie hall stairs and landing. Iamtold we have to checkthemperiodicallybut no oneseemsto know howfrequently thecheck should be carried out. Times suggested varyfrom weekly to annually. Canyou please throwsomelight on this issue if possible statingthe authority


which lays downwhat should be done JimTunley


Flat Living responds Your smoke alarms should be checked


Withheld payments


Iliveinahousewhich is dividedintofourflats, and a simplemanage- ment company structure is in placetolookafter themaintenance, etc. Currently,one of thefour directors is withholding service charge payments. I’ve foundyourwebsite


annually,and tested by an independent company.Thisisarecommendationfromthe Fire Service. TheLocal Government Association


has also produced a booklet “Fire Safety in purpose-built blocks of flats”whichis worth reviewing too. Go towww.arma. org.uk/doc/public/Fire-Safety-FINAL- updated-28-09-2011.pdf. Isuggestthataslongasthe smokealarms


aretestedregularly, andthatyou document what is done andthe date thetests arecarried out, you should be safe.


very helpful, andam confident that we can put enough pressure on him to pay up. However, I want to


avoidthissituation arisingagain.One of your advice pages refers to puttinginplace a ‘procedure’for howthe management company should resolvesuch disputes in future.


(www.flat-living.co.uk/ information/what-are- service-charge/how-to- recover-outstanding-service- charges/) Couldyou advise on


what form this procedure should take? Should it be anamendment to theArticles, or just a companyresolution?


Nameandaddress withheld


Flat Living


Ifyouhaveaquestionorwouldliketosharewithotherreadersyourideasorexperiencesof livinginaleaseholdblock,wewant tohearfromyou.


Addressyourcommentsorqueriesto theFlat Living teamat info@flat-living.co.uk


Bruce Maunder Taylor responds:


There is a gradually increasing awareness of this problem andaneedtoput in place appropriatesteps to protect the company for the future. Recoveringpayment duenow involves goingtothe LVT to obtainadetermination that your demand is both reasonable and payable (the company’s costs of doing so cannotbecharged to theindividuallessee,but hopefully can be charged to theservice charge account), andthen going to theCounty Court to obtain a judgement so that you can obtain payment. This is a long and complicated process which can be quite expensive particularly if the non payer knows how to deal with putting off recovery actions. Anumber ofmanagement


Smokealarms should be


tested annually


companies arenow changing theirArticlesof Association to the effect that,ifaparticularmember of thecompany causes the company financial damage, thecompany (orits directors) can charge the costs of the recovery action to that member of the company. It would need aSpecial Resolution if your present Articles areinreasonably standard form.Samplesof thetypeofArticleswhich different solicitors use are available if you do not wish to go to a solicitor. Thematter hasbeentestedall theway up to theCourt of Appeal andhas beenfound to be watertight. (if you wish to research that look upMorsheadMansions- v-DiMarco). The point is not somuch


to incur litigation costs and then charge himthrough the Articles,the pointistothen draw that to his attention, with the object of persuading himthat if he causes you a lot of trouble he will end up paying thefeesand costs himself. It hasprovedto be a very persuasive way of gettingpeopletopay,evenif they do not have the cash but arewilling to authorise their mortagee tomake payment and increase their mortgage.


Issue 14, Spring Flat Living


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