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COMMUNICATIONS Features


When it's hard to talk


Communication is key to a good relationship between managing agents and their customers. But sometimes it's just not that easy, as Sue Maunder Taylor reports


When faced with an irrational or unreasonable 'won't pay, can't pay’ leaseholder, or control freak director, communication is


difficult. You cannot hold a discussion with 'brick walls', 'crusaders', the obsessed and the entrenched. They know only one way to communicate - their way or no way. The self- interested director of an RMC and the amateur lawyer know every principle and authority which supports their case and refuse to listen to any alternatives. And the apathetic directors who will not make decisions or give you instructions present a whole different set of problems.


There are also the leaseholders who habitually avoid payment of service charges and ground rent. Either they think they will pay you when it suits them or, because they are a director and see themselves as “your client”, they think the obligations of the lease do not apply to them. And there are the leaseholders who


Issue 20


won't pay and insist they never received the invoices, nor the reminders or indeed the final reminders. Ordinary communication will not solve these problems. This particular type of lessee is a game player and the game is played out every time the service charges are due. So how can managing agents tackle these problem leaseholders and ensure that other residents' lives are not adversely affected by these difficult and often intransigent characters?


Resolving the problem Successful communication results from:


listening; being objective and fair; balancing one person's position with another person's position; finding areas of agreement and building upon them; giving logical reasons for disagreement; correcting any misinformation and agreeing


relevant facts; admitting an error and sincerely apologising; being knowledgeable about the consequences of a particular decision or agreement; being willing to consider different options for resolution; and firmly, but courteously, effecting a decision and confirming it in writing.


Communication involves at least two people. You are lucky if each is prepared to engage in the old cliché of two ears and one mouth. You do not need an experienced and trained managing agent for that. A table, chairs and coffee will do just as well.


There is a certain amount you can learn from training but experience is invaluable and natural people skills are irreplaceable. As a managing agent, always start by carefully reading the lease; reading what it actually says


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