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PhillipsvFrancissmall

Phillips v Francis decision

The full decision in the epic Phillips v Francis case is reproduced below.In what appears to be a draw, LKP is studying the consequences of this on the costs for the long suffering park home owners.PhillipsvFrancis Key sections:paras 23-27:Discussion 23. In a nutshell, therefore, the Chancellor decided that qualifying works are all the “works on a building or any other premises” (section 20ZA(2)) in respect of which the landlord incurs costs “in connection with the … [Read More...]

MichelleBankslocus

If Peverel Retirement is admitted to ARMA-Q, what message does that send thousands of cheated pensioners?

Ten months after being found guilty by the OFT of systematically cheating residents in retirement sites, Peverel Retirement is now lining up to join ARMA-Q.This is the new ethically enhanced membership scheme that ARMA hopes will demonstrate greater professional rigour in leasehold management. The announcement will be a shock for the ARHM (Association of Retirement Housing Managers), although Peverel will continue to bankroll this compliant trade body and remain a member.The open … [Read More...]

QuadrangleHousesmall

Only one director of Quadrangle House RTM … and he is the property manager

Residents at Quandrangle House in east London are furious that there is only one director of their right to manage company – and that’s the managing agent employed to run the place.The 102 new and converted flats at the Stratford site, formerly Peverel-managed, were taken to RTM by the Right To Manage Federation, headed by Dudley Joiner.It was then decided that Mr Joiner’s own property management company Team take over the running of the site. … [Read More...]

ARMAsmall

Feeble talk from CMA at ARMA conference

- CMA soothes leasehold managers by repeating its skimpy MORI poll findings - 25% of ARMA membership still not signed up to ARMA-Q - ARMA does NOT manage 60% of sector - How relevant are the happy leaseholders of Liverpool in disputes elsewhere? With just over two months to go before the self-regulatory code ARMA-Q comes into force, 25 per cent of the trade body’s membership has still to sign up.That 75 per cent have done so is broadly a positive step from leaseholders’ point of view. … [Read More...]

PhillipsvFrancissmall

Phillips v Francis … Pity the poor park home owners

By Martin BoydYesterday the law case credited with making the leasehold property management virtually impossible – Phillips and Goddard v Francis – was finally presented in the Court of Appeal.The case concerns leaseholders of 97 holiday chalets at Point Curlew, near Padstow in Cornwell – now called Atlantic Bays Holiday Park –  in dispute with their landlord over what constitutes qualifying works in a service charge subject to s20 consultation.Sitting in judgment were the Master or … [Read More...]

CMLsmall

Council of Mortgage Lenders urged to help LKP end forfeiture

Forfeiture and how to bring it to an end was the subject of a LKP meeting with the Council of Mortgage Lenders and the Building Societies Association in London this afternoon.LKP is trying to push the subject of forfeiture up the political agenda: for all leaseholder readers new to this site, forfeiture means you lose your leasehold property and all equity in it. Everything.And so does the mortgage company that has a loan on it, hence the meeting. … [Read More...]

LEASE-small

Now LEASE survival is at stake … it wants to meet the ‘stakeholders’

The taxpayer-funded Leasehold Advisory Service organised its first wide-ranging “stakeholder” meeting last Thursday to understand how it can best get feedback from the sector.LKP / Carlex would question why it wants this feedback in the first place, given that LEASE has said absolutely NOTHING about abuses in the sector and left this task entirely to organisations such as ours. … [Read More...]

JanetBarbossasmall

There she blows! Peverel’s Janet Entwistle is sailing for FirstPort. But is Capt’n Barbossa still on board?

By Martin BoydLast Friday Carlex formally met with Peverel CEO Janet Entwistle at the Houses of Parliament. This time in addition to Sir Peter Bottomley the Labour MP for Poplar and Limehouse, Jim Fitzpatrick, was able to join the meeting with LKP/CARLEX representatives Sebastian O’Kelly and Martin Boyd.Of course, Janet Entwistle pointed to the positives, as she did last time. Peverel restated its support for the new regulation system being introduced by the Association of Residential … [Read More...]

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LEASE: is this really good enough?

BenjaminMireissacked

Managing agent Benjamin Mire WAS to have been sacked from his judicial appointment … BUT his company is still up for a string of insiders’ property awards!

Benjamin Mire, the chartered surveyor and CEO of Trust Property Management, was to have been sacked had he not resigned his position on the property tribunal. The news came this afternoon from the Judicial Conduct Investigations Office, but it coincided with the announcement that Trust is the finalist for FOUR News On The Block property […]

Anthony Essien (left), of LEASE ... the Leasehold Advisory Service, at the London Assembly on January 23rd with large-scale managing agents Matthew Saye, of Home Ownership Services and Randall Bevis, of City West Homes. Martin Green (right), of Southwark Borough Council's home ownership and tenant management initiatives.

LEASE: Find some backbone, or face the chop!

January 24 2012: The weakest performance of all at yesterday’s Greater London Assembly meeting on the miseries facing leaseholders was from Anthony Essien, the chief executive of LEASE, the Leasehold Advisory Service. Asked by London Assembly members how leaseholders can be defended from rapacious managing agents and landlords jacking up service charges, Essien placed his […]

We WILL take money from Benjamin Mire, says Leasehold Advisory Service

 The Leasehold Advisory Service (LEASE) is going to keep on taking money from controversial managing agent Benjamin Mire after dithering over the issue for FOUR months. Mire, the chief executive of Trust Property Management, is a chartered surveyor who was a panel member of the property tribunal until he resigned in the midst of an […]

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NeilMaloneysmall

Can this possibly be good news?

Barrister Justin Bates has been on the receiving end of the most indigestible flattery from managing agent and IRPM worthy Neil Maloney. On Twitter, the chartered surveyor praises Bates for his handiwork in right to manage applications – which habitually involves coming up with every legal impediment to thwart them. “Such a safe pair of […]

AngelaDorothy2

Residents say: ‘Don’t give up. You can and will win’

By Angela Saul and Dorothy Leiper Follow @LKPleasehold Tweet After years of accepting the status quo, because we thought we had to, we heard about Right to Manage and felt we had been thrown a lifeline. We joyfully grabbed what we thought was a straightforward, attainable and enforceable way to escape a regime that was oppressive, […]

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