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News legislAtion tuPechAngesAnnounced

TheGovernmenthas announced proposed changes to theTransfer of Undertakings (Protectionof Employment)Regulations (TUPE) rules, in response to a consultation on TUPE regulations earlierthis year. This will have implications forblocksofflatswhere as part of a freehold purchase, the

employment of acaretaker, cleanerorotheremployee passes to the newfreeholder TheDepartmentfor Business

Innovation andSkillsconfirmed that in the case of a transfer taking place,employerswould be able to renegotiatechanges to collective agreements oneyearafter the


lAwsociety’s‘mention’of floodriskisnotenough

chris rutter APPointments

newfAces AtFlat living

Wearedelighted to announce the appointment of Chris Rutter as Publisherand Rebecca Kelly as Head ofMedia at Flat Living. Having spentnearly15years workingwithpropertymanagers in the private leasehold sector andwithsociallandlords, Chris brings with hima wealth of experience and contacts. “Flat Living is a great publication; it helpedmeenormously inmy oldroleatSky Television,we always gotourmessageout to the rightaudienceand gotaterrific response rate fromouradverts. Wewill be promoting Flat Living. Watch this space to seewhat we can achieve with ‘newmedia’, specificallyTwitter, Facebook& Linked In. “Iamexcitedtoannounce

that we have exclusively signed apropertymanagerwhoworks in London to writeadaily diary of thehighs andlowsofbeing a propertymanager (see right) - it is goingtobethe first thingIlook at every day onTwitter”. To help developour social

mediapresence, we have also been joined by Rebecca Kelly, who hasmany years experience in dealing with leaseholders and propertymanagers. Becky will be supporting our newTwitter followers@ flatlivingloves with somegreat articles andupdates.

Flat Living Issue 16

TheLawSociety has publisheda newPracticeNoteonFlood Risk, advising that in allconveyancing transactions(whetherresidential or commercial),when acting for aprospective buyer, tenant or lender,lawyers shouldmention theissueofflood risk to theclient, andifappropriate,makefurther enquiries. However, accordingtorisk

management consultantsArgyll environmental,withone in six properties in Englandnowat risk of flooding, the note does not go far enough.WhileArgyllwelcomes thePracticeNoteand believes it to beapositivestep, theconsultancy believes it does notdoenoughto help tomitigate flood risk across theUK. Says legaldirectorSimon Boyle, “...onehas to questionwhy


secretdiAryofA ProPertymAnAger– don’tmissout

Have you ever wonderedwhat propertymanagers really think about the residents and landlordstheyworkwith?We havemanaged to get exclusive rights to a great newblog, written by apropertymanagerbased in London.For obviousreasons they arekeentoremain anonymous so we won’tberevealing their identity butwedoknowthey will be exposing thehighs and lows of their day-to-day dealings with flat owners and letting us into afew trade secrets. It shouldmake forentertaining – and even explosive – reading. So don’tmiss out, follow the

Follow the secret property manager on twitter

secret propertymanageron twitter@secretpmandonthe

Facebook page at secretpropertymanager.Wewill

also be publishing the highlights in themagazine so look out for this newfeature in our next issue.

thedecisionwasmade to advise lawyersthattheyonlyneed ‘mention’the issue of flood risk to clientswhenitissuchagrowing issue.Withflood risk affecting keyaspects of theconveyancing processfrom theability to sell, obtainamortgageand suitable insurancecover,itisdifficult to comprehendwhythe LawSociety is notrecommendingthatlawyers ‘adviseon’ theissueofflood risk. Bymakingamere‘mention’ of flood,lawyers couldquite easily fail to provide clientswiththe detailed informationtheymay requireyet stillescapeany legal repercussionsshouldaproperty laterflood as aresultofinaction during thelegal process. “Propertytransactionsare by theirverynaturecomplex and

transfer, provided that overallthe changewas no less favourable. UnderTUPE,employees’ terms

andconditions areprotected and are generally not allowed to be changed as theresult of atransfer. However, under the proposed new rules and the Acquired Rights Directive,employerswillbe

allowed tomakeamendments to terms and conditions,which are set out in collective agreements, fromoneyearafter thetransfer. Thenew regulationsare

expected to be laid in Parliament in December. For more on TUPE go see P48 of this issue.

expensiveand, as such,property owners should be confident that theirlegal teamsare correctly advising andinforming themon importantissues such as flood risk.ThisPracticeNoteprovides no such assuranceandwebelieve TheLawSociety is leaving properlyowners in an extremely vulnerable position by failing to ensure itsmembersmake an explicit referencetoflood risk in all property transactions.” Flat Living approached theLaw

Society foraresponsetoArgyll Environmental’s remarks but they declined to comment. Our advice to leaseholders is to do your homework thoroughlybefore buying anyproperty. Flatsare just as likelytobeaffected by flood damage as houses.

Pet Problems

And finAlly...

Propertymanagers comeacross allkinds of situations during thecourseofthe workingday. Here’s a story fromARMAthat should keep pet owners on their toes.Anunfortunate flatowner camehomeafter a shopping trip to findthather dog,whichhad learnt a newtrick – turning on thetapsinthe bathroom–had flooded not only her flat but her downstairs neighbour’s flat as well.The damage caused ledto a£7,000 insurance claim andan increase in theblock’s premium. Herneighbourwasn’ttoo happy either.Whatmade thewhole sorrytaleevenworse is that no damage wouldhavebeendone had the flat owner not been afraid of spiders–and always kept the sink plug in to keep themout...


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