This page contains a Flash digital edition of a book.
BESt OF tHE wEB Advice LEASE MANAGE YOURBLOCK SERVICE


CHARGES& ACCOUNtS


MAINtENANCE HEALtH &SAFEtY CASELAwdISPUtES ENERGY EFFICIENCY INSURANCE


Followingonfromourwebsitespecial featurein thelast issueof Flat Living, in futureeditionswewillbehighlightingarticlesnewtoourwebsiteandavailable to readanddownloadatwww.flat-living.co.ukHerewelookattwoproblem issuesthatcouldaffect youandyour fellowflatowners


Dealing with


neighbourdisputes trinityestates considerstheissues thrownupbydifficultneighbours


the timber yard appartment What happens if your


landlord goes bust DuncanBrowntakesalookatwhatflatowners candoiftheworsthappensandtheyare left withoutanyonetodealwith theday-to-day tasksof runningtheir block


“BricksandMortar!Nothing is as secure as an investment in property! Safe as Houses!” Such sagewordsofadvice


have beendrummed into us by family,friends,estateagents and financial advisers, formany years, buthaveyou ever asked yourself just howsafe are you? If you’re afreeholder, you’ll


be used to arrangingyourown insuranceandmaintenance, and if you’re a leaseholder, you’ll be used to the freeholder (your ‘landlord’), usuallythrough apropertymanagement company, doingitfor you. But what happens if your landlord goes bust?Who arranges the maintenance – and more importantlythe buildings insurance–whenthathappens? Have you ever thought about what happens to the freehold? Thiswasexactly thesituation


facedbyleaseholders recently in thecaseofThe Timber Yard, abuilding in London with flats locatedonits upperfloors.The freehold to thebuildingwas


Flat Living Issue 16


ownedbyCityLofts (Drysdale Street)Ltd,which experienced financial difficultiesandwas dissolved. Theeffect of ‘City Lofts’being dissolvedwas that itsassets, includingthe freehold to TheTimberYard, passed to the Crownunder theancient and complexEnglish legalprinciple of “BonaVacantia” (meaning literally‘good vacancy’). Mr Savicand hisfellow


leaseholders were obviously extremelyworried at this turn of events,which threatened to leave themin limbo. MrSavicapplied to theLVT


to formerly appointamanager andreceiverwhowouldbeable to collectthe servicechargers fromtheflatowners at the Timber Yard, andarrange for thebuilding to be insured andproperlymaintainedand repaired.●


Tofindoutmoreandreadthis article in full,goto:www. flat-living.co.uk/advice/875- what-happens-if-your- landlord-goes-bust-


weallknowof someonewho has at sometimeexperienced problemswithaneighbour. Be itaboundarydispute,orloud musiclateintothe night. These arenotunfamiliar issues. At theirworst,problemswith neighbours canlastfor yearsand provetobethe bitterest fought legal battles out there.


Whyis this? Inmost cases it is duetoa number of elements that contribute to forma“perfect storm”. Partiescan provemore


sensitiveindomestic disputes. Thesmallest of issuescan becomemagnifiedwhenthey encroach on ourhomelives.This is usuallywhy theymake for such popularnewsstories and TVprogramming.Themajority of neighbourdisputesarise in blocks of flats. Increasingly diverselifestyles compounded by increasedpopulationdensities bringincompatibilities toahead. Boundary disputes andhigh hedges usuallyresultinsome measureofcompromise; flat blocks inherently requiremore tolerance andmore consideration. Disputes oftencomedownto


one party’sword against another. It is easy to assumewhen


wecomplain thatwewill be recognisedasthe reasonable party. Butthe landlord or the localauthority is facedwithtwo


sideseacharguing that theother is the party at fault.


it canhappen


toanyone In a high profile case earlier this year, residents living below a £4.7 million flat in Belgravia incurred £140,000 of legalcosts in a failed attempt to compel theirneighbours to carpet newly installedwooden floors. They complained that thesound of heelsclickingonthe £100,000 oakflooring wasanunfair nuisance caused by breaches in the lease. Interestingly, in dismissing their case, Lord JusticeWard stated, ‘Not all neighbours arefrom hell.They may simply occupy the land of bigotry. Theremay be no escape fromhell, but the boundaries of bigotry can, with tact, be changed. Give and take is often better than all or nothing”●


Tofindoutwhat TrinityEstates advisesyoutodoifyoufind yourself inasimilar situation, goto:www.flat-living.co.uk/ advice/492-dealing-with- neighbour-disputes toread anddownloadthefull article


alittleconsideration goes a long way


25


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64