FAQs
We are committed to providing a high-quality legal service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.
If you have a complaint please contact us with the details:
Tell us why you are unhappy, setting out the act or omission you believe has occurred.
Tell us what you would like us to do to resolve your complaint.
Follow up any conversations with us in writing, making a note of the date and time and who you spoke to.
Keep copies of all correspondence with us.
Upon receipt of your complaint:-
We will send you a letter acknowledging receipt of your complaint within three days of receiving it, enclosing a copy of this procedure.
We will then investigate your complaint. This will normally involve passing your complaint to one of the owners of the company who will review your matter file and speak to the member of staff who acted for you.
We will then write to you with the outcome of the investigation into your complaint. We will do this within 14 days of sending you the acknowledgement letter.
If you are still not satisfied, you should contact us again and we will arrange for Liza Jary to review the decision.
We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.
If you are still not satisfied, you can then contact the Property Ombudsman Telephone
More details can be found here www.gov.uk/government/publications/residential-long-leaseholders-a-guide-to-your-rights-and-responsibilities.
Ground rent relates to the rent of the ground your leasehold sits on, whereas service charges are costs the management company (appointed under the terms of the Lease) incurs to maintain the freehold and the communal areas.
The service charge demand should not include ground rent which will be invoiced separately, either by the freeholder or the management company if they are required under the terms of the Lease to do so.
When you sell your property the buyer and the buyer’s lender, via the solicitors, will require evidence of the following:-
- Evidence of current service charges paid and the monthly/annual charge. The solicitors will apportion the annual charge between the seller and buyer. The annual charge is usually calculated on anticipated expenditure, and the solicitor will agree a retention to ensure the outgoing seller pays for any additional service charges due after the end of year accounts are produced. The retention is held on account by the solicitor and may be used if the new buyer receives a demand for additional charges incurred prior to ownership. Information is provided about monies held for service charges for future maintenance
- Anticipated future works – also known as major works are important for a buyer as they will need to understand what maintenance costs they are going to be liable for. This could include a Planned Preventative Maintenance report
- The last 3 years of accounts of the management company shows how company has been trading. It is important for a buyer to know that the freehold and communal areas are properly managed with sufficient cash reserves to cover future costs
- It is important that the building is insured. A lender will require evidence and a copy of the policy schedule and wording should be provided
- Any leaseholder disputes are listed along with any current action being taken in relation to enfranchisement (someone buying the freehold), extension of the lease, right to manage or right to enfranchise company
- Costs the buyer will have to pay the freeholder after completion.
The solicitor will also require evidence of current ground rent paid and any ground rent due and the monthly/annual charge. This information is used to prove your ground rent has been paid and to apportion any amounts to you or that you owe on completion. If the ground rent is demanded by us and collected on behalf of the freeholder via management company we will provide the information. If we do not then a separate request will have to be made directly to the Freeholder or their managing agent.
Right to Manage v Recognised Tenants Association – the available options if there is not a registered Management Company in place
Before you go any further, give some thought to how you want the building to be managed in future:
Right to Manage (RTM)
The Commonhold and Leasehold Reform Act 2002 enables leaseholders to require the transfer of the landlord’s management functions to a special company set up by them – the right to manage (RTM) company. The provision applies to leaseholders of flats only (not houses) and does not require the landlord’s consent. It gives the leaseholder the chance to replace a poor manager although mismanagement does not have to be proven. The transfer can be made irrespective of the quality of the current management service.
- What improvements will RTM enable you to make?
- Have you identified what is wrong at the moment and prioritised what you want to change?
- Are the expectations aligned and realistic?
- Will you be adding value to individual leaseholder investments or just creating a lot of work for a few hardy volunteers?
- Will the current enthusiasm still be there when there are drains to clear, noisy neighbours to reason with and service charge budgets to account for?
- There are many boring, repetitive jobs that you will be legally required to do – or to arrange to have done.
- You will need to give notice to anyone engaged on a long-term contract (over 12 months) be they the current managing agent, the gardener or the door entry system provider. This will apply whether you intend to dispense with their services or re-engage them under the auspices of the new RTM company.
RTM does not necessarily mean self-management; it can be no more than a transfer of responsibility and decision-making.
Recognised Tenants’ Association (RTA)
A tenants’ or residents’ association is a group of owners of leasehold property on the same development who hold similar leases from the same landlord which include provisions for the payment of variable service charges. Collectively an association represents the views of its members. To be effective, formal recognition is required, either directly from the landlord in writing, or by applying to the First Tier Tribunal if the landlord is not willing or ignores the association’s request for recognition.
A certificate of recognition gives the association the legal right to:
- Request information about service charge costs from the landlord, including accounts and receipts
- Be consulted on the appointment of a managing agent
- Be notified by the landlord of proposed major works and receive copies of estimates
- Nominate contractors to carry out the works, which the landlord must consider
- Appoint a surveyor for the purposes of a management audit
There are certain conditions and criteria which must be satisfied in order for an FTT to grant a certificate of recognition. Generally, members must be paying a variable service charge to the landlord to qualify as a recognised member, and membership should not be less than 60% of those qualifying for the scheme. However, a recent Upper Tribunal decision also took into account the percentage of overall variable service charges paid by the Associations members.
Your property is part of a building or development with shared areas for which you have promised to pay a service charge (leasehold property) and a variable rent charge (freehold property).
Your Lease or Transfer document, registered at the Land Registry, sets out the services and the amount of your contribution either by percentage relevant to the size and tenure of your property, or equal share.
Service charges payable by Leaseholders can include:-
- Insurance for the building of which the property forms part, and liability insurance for the grounds that are shared by all the occupiers including 5 – 7 year insurance reinstatement valuation of the building
- Mechanical parts insurance and maintenance contracts, ie gates, lifts, water features and pumps
- Directors and officers’ insurance to protect the Directors of the Management Company
- Maintenance and cleaning of common parts (grounds, stairways, bin stores, access roads and paths, gardens, bike sheds etc)
- Window cleaning
- Electricity and water used in common parts
- Security and lighting
- Internal (including floor coverings) and external decoration of the building
- Annual health and safety / fire inspections, asbestos register, accident records
- Annual service charge accounts and company secretarial work
- The Managing Agents charges for the above
Rent charges payable by Freeholders can include:-
- Mechanical parts insurance and maintenance contracts, ie gates, water features and pumps
- Directors and officers’ insurance to protect the Directors of the Management Company
- Maintenance and inspections of common parts (grounds, access roads and paths)
- Annual service charge accounts and company secretarial work
- The Managing Agents charges for the above
Fire doors are an engineered safety device, which, when closed, act as a barrier to compartmentalise fire and smoke, delaying its spread to other areas of the building. On the flip side, when they’re open, they provide a means of escape and give the emergency services a protected route to access a building.
The spread of fire is like a domino effect; there are no obstacles so each piece continues to fall, the fire continues to spread. If you were to place down an obstacle, you’d soon see the chain reaction grind to a halt. The obstacle is containing the fire, so it’s now safe to move forward.
They’re an essential part of a building’s make-up, constructed with fire resistant materials specifically for the purpose of containing fire and smoke.
There are various components which make up a fire door; you will typically be able to identify the following:
- Door leaf – this is the door itself which must be manufactured and certified with a suitable fire rating to the building it will be contained in.
- Door frame – this must be compatible with its counterpart, the door leaf, and fitted correctly to ensure the gaps are appropriate and meet the size needed to fulfill its function.
- Smoke/Fire seals – these should fill all of the gaps around the door leaf when closed.
- Intumescent strips – unlike smoke seals which retain their current form at all times around the frames of fire doors to block fire and smoke, intumescent strips expand when exposed to extreme heat, further sealing the gap around the door frame.
- Hinges – these must have the correct fixings in the right locations, as well have appropriate hinge pads, to ensure the door opens and closes efficiently.
- Door closer – this is another facilitator to ensure the door closes automatically; you’ll usually see a metal box attached to an arm behind the fire door at the top (which often goes unnoticed!), although not all fire doors have a door closing mechanism.
- Latch/lock (to ensure that the fire door remains closed) – this is also fitted within intumescent protection for fire/smoke resistance.
- Threshold seals – this closes the gap underneath the door leaf when closed.
- Signage (clearly indicating that it is a fire door so they should be kept shut) – you will usually see a blue circular sign on a fire door indicating that it is a fire door and must be kept shut.
Some fire doors also have glazed panels and must be suitably fire resistant, as well as fitted with intumescent glazing seals. Air grilles are also used where extra ventilation is required, which are then designed to close if the fire alarm is activated. You may also see on some fire doors additional ironmongery such as push bars and push pads to provide easy escape in an emergency.
In reality, people are more often affected by smoke before the fire itself. Fire doors are a lifesaver in this scenario because they can withstand smoke and fire. The smoke seals, for example, around the door edge and frame seal the gaps to prevent the smoke getting through, preventing smoke inhalation. Similarly, intumescent strips expand to several times their original size when exposed to heat to seal the gaps around the door to contain the fire and smoke.
They’re an extremely important part of your building’s fire safety strategy.
Yes! The Fire Safety Act 2021, which applies to all non-domestic, domestic communal areas, and the individual apartment entrance door that leads on to an internal communal area, stipulates that the ‘Responsible Person’ (typically a building owner, manager or flat owner) must undertake steps to remove and reduce fire risks. This includes duties such as carrying out a Fire Risk Assessment and conducting recommendations from the assessment to enable a safe and legal environment, as well as offering adequate fire safety training for staff members in commercial settings.
New buildings or older buildings which have undergone an alteration or extension are also subject to Building Regulations (also known as Approved Documents) which is a rule book for legal compliance which builders must follow, whilst existing buildings are subject to the RRO as mentioned above.
Then there are various codes outlined by British Standards for the design, installation and maintenance of fire doors:
The BS 8214:2008 provides guidelines on the specifications of fire door assembly and recommendations for inspections.
The BS 9999:2009 offers a code of practice for building design and management, which takes into account emergency exits for disabled and vulnerable persons. This can be referred to for the design of new buildings, as well as extensions and alterations.
The BS 5839-1:2017 relates to the design, installation, commissioning and maintenance of fire alarm systems. This applies to fire doors in relation to Door Hold Open devices, for instance where the fire alarm has an operational cause-and-effect to immediately shut all fire doors in the event the alarm is activated.
Failure to take adequate action in installing and maintaining fire doors within your building places lives at risk and can result in prosecution.
Like all of your passive and active fire safety equipment within your building, it should be maintained by a competent specialist who holds the appropriate insurances and UKAS accreditation. This means their practices are audited by third-party certification schemes and follow British Standards.
Always remember to ask for accreditation to ensure the provider you choose is trustworthy and competent to service your building’s fire doors, and retain the service reports for your records as evidence of your due diligence to keep your building safe and legal.
Something that is largely overlooked is checking fire doors in-between services. We recommend that weekly checks are carried out for obstructions to fire doors (and also if any are being left open!) and visual inspection for any damage to hinges, ensuring they close properly without sticking on the frame. Any damage should be reported immediately to your fire door maintenance provider for repair.
Useful observations and questions to ask yourself when carrying out your weekly fire door checks include:
- Does the fire door shut fully and tightly on its own using its self-closing device?
- Is the self-closing device damaged in any way? (E.g. is it leaking oil and is the arm secure and functional?)
- Is the gap between the door lead and the door frame less than 4mm?
- Is the door leaf and door frame in good condition and undamaged?
- Do the hinges appear to be loose or damaged?
- Are all handles secure and functioning without any issues?
- Are intumescent and smoke seals in good condition (i.e. not missing, damaged or painted over)?
- Is the door marked with the appropriate signage to indicate it is a fire door?
- Are any fire doors being obstructed or left open?
Fire doors are needed in all public, commercial and multiple occupancy buildings. (So, you won’t, for instance, need fire doors in your typical family house but you will need them in a block of flats.)
For domestic dwellings more than two storey high, a fire door is required on every level to separate the stairwell from every habitable room. They’re also needed in loft conversions and between a house and an integral garage.
For mixed-use buildings, you’ll need a fire door to separate non-domestic (business) areas from domestic (residential) parts of the building.
For non-domestic buildings, it’s a little more complicated as each building is different. Guidance states the building is divided into separate sections for horizontal and vertical escape routes. This is usually factored into the make-up of the building’s design before it’s even built.
