• Menu
  • Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • Home
  • What is LKP
  • Find everything …
  • Contact
Donate

Leasehold Knowledge Management Logo

Secretariat of the All Party Parliamentary Group on leasehold reform

Mobile Menu

  • Home
  • What is LKP
  • Find everything …
  • Contact
  • Advice
  • News
    • Find everything …
    • About Peverel group
    • APPG
    • ARMA
    • Bellway
    • Benjamin Mire
    • Brixton Hill Court
    • Canary Riverside
    • Charter Quay
    • Chelsea Bridge Wharf
    • Cladding scandal
    • Competition and Markets Authority / OFT
    • Commonhold
    • Communities Select Committee
    • Conveyancing Association
    • Countrywide
    • MHCLG
    • E&J Capital Partners
    • Exit fees
    • FirstPort
    • Fleecehold
    • Forfeiture
    • FPRA
    • Gleeson Homes
    • Ground rent scandal
    • Hanover
    • House managers flat
    • House of Lords
    • Housing associations
    • Informal lease extension
    • Insurance
    • IRPM
    • JB Leitch
    • Jim Fitzpatrick MP
    • John Christodoulou
    • Justin Bates
    • Justin Madders MP
    • Law Commission
    • LEASE
    • Liam Spender
    • Local authority leasehold
    • London Assembly
    • Louie Burns
    • Martin Paine
    • McCarthy and Stone
    • Moskovitz / Gurvits
    • Mulberry Mews
    • National Leasehold Campaign
    • Oakland Court
    • Park Homes
    • Parliament
    • Persimmon
    • Peverel
    • Philip Rainey QC
    • Plantation Wharf
    • Press
    • Property tribunal
    • Prostitutes
    • Quadrangle House
    • Redrow
    • Retirement
    • Richard Davidoff
    • RICS
    • Right To Manage Federation
    • Roger Southam
    • Rooftop development
    • RTM
    • Sean Powell
    • SFO
    • Shared ownership
    • Sinclair Gardens Investments
    • Sir Ed Davey
    • Sir Peter Bottomley
    • St George’s Wharf
    • Subletting
    • Taylor Wimpey
    • Tchenguiz
    • Warwick Estates
    • West India Quay
    • William Waldorf Astor
    • Windrush Court
  • Parliament
  • Accreditation
  • [Custom]
Menu
  • Advice
  • News
      • Find everything …
      • About Peverel group
      • APPG
      • ARMA
      • Bellway
      • Benjamin Mire
      • Brixton Hill Court
      • Canary Riverside
      • Charter Quay
      • Chelsea Bridge Wharf
      • Cladding scandal
      • Competition and Markets Authority / OFT
      • Commonhold
      • Communities Select Committee
      • Conveyancing Association
      • Countrywide
      • MHCLG
      • E&J Capital Partners
      • Exit fees
      • FirstPort
      • Fleecehold
      • Forfeiture
      • FPRA
      • Gleeson Homes
      • Ground rent scandal
      • Hanover
      • House managers flat
      • House of Lords
      • Housing associations
      • Informal lease extension
      • Insurance
      • IRPM
      • JB Leitch
      • Jim Fitzpatrick MP
      • John Christodoulou
      • Justin Bates
      • Justin Madders MP
      • Law Commission
      • LEASE
      • Liam Spender
      • Local authority leasehold
      • London Assembly
      • Louie Burns
      • Martin Paine
      • McCarthy and Stone
      • Moskovitz / Gurvits
      • Mulberry Mews
      • National Leasehold Campaign
      • Oakland Court
      • Park Homes
      • Parliament
      • Persimmon
      • Peverel
      • Philip Rainey QC
      • Plantation Wharf
      • Press
      • Property tribunal
      • Prostitutes
      • Quadrangle House
      • Redrow
      • Retirement
      • Richard Davidoff
      • RICS
      • Right To Manage Federation
      • Roger Southam
      • Rooftop development
      • RTM
      • Sean Powell
      • SFO
      • Shared ownership
      • Sinclair Gardens Investments
      • Sir Ed Davey
      • Sir Peter Bottomley
      • St George’s Wharf
      • Subletting
      • Taylor Wimpey
      • Tchenguiz
      • Warwick Estates
      • West India Quay
      • William Waldorf Astor
      • Windrush Court
  • Parliament
  • Accreditation
You are here: Home / News / Benjamin Mire / RICS rejects complaint against managing agent Benjamin Mire

RICS rejects complaint against managing agent Benjamin Mire

February 7, 2013 //  by Sebastian O'Kelly

The Royal Institution of Chartered Surveyors has decided not to pursue a complaint about a member, Benjamin Mire, who was criticised for failing to follow its “residential management code” at a recent Leasehold Valuation Tribunal.

An additional complaint concerning Benjamin Mire, of Trust Property Management Limited, was that Mire, a chartered surveyor, also sits on the LVT as a panel member. It is claimed that this is a potential conflict of interest.

At an LVT ruling in November 2012, Trust Property Management Limited, which manages the property interests of freeholder Lakeside Developments, was criticised with Lakeside for the management of Arthur Court, a two-storey site of four flats in Bournemouth.

As reported on LKP, the LVT threw out a £458 bill for an unnecessary asbestos survey as the flats were only built in 2004/5. It said it was “disappointed” that the respondent (Lakeside Developments) had not told the surveyor this fact “who was left to guess as to the date of construction”.

A £343 bill for a fire and health and safety risk assessment was permitted, although again the tribunal was “disappointed” that it was “conducted so long after one had been legally required”.

The management fees charged by Trust from 2005-2012 were halved after the LVT visited Arthur Court and saw the “lack of routine maintenance” and “breaches of the landlord’s covenants for decoration”. Using their local knowledge of Bournemouth, the LVT felt £1,000 a year would have been a reasonable management charge.

“The Respondent appears wrongly to have assumed that the covenants [of the lease] were a matter of choice rather than obligation …

“The Tribunal also was concerned by Mr Mire’s admission that Trust did not maintain satisfactory records until 2011, such that he was unable to give the Tribunal any meaningful assurance that the building had been the subject of regular management visits in accordance with the RICS Service Charge Residential Management Code.”

In a letter to pensioner Colin Dennard, 71, who represented the leaseholders and won the case, RICS says it had made note of the criticisms of Mire and Lakeside that were raised in the LVT ruling.

However, as Trust is a large company, RICS says it would expect a high number of referrals to the LVT. In addition, all members of RICS were monitored regularly.

The complaint regarding the “residential management code” would not be progressed, RICS said.

RICS was aware of a complaint concerning the claimed potential conflict of interest of Mire sitting on the LVT, and that this was now under consideration by the Office for Judicial Complaint.

“I am very disappointed, but I regret it is what I expected from RICS,” says Dennard.

Benjamin Mire, of Trust, points out that another complaint by Dennard to the Advertising Standards Authority was also dropped as it concerned ‘Trust Premier’. The “complainants were not subject to this service”, according to the ASA.

“I think it appropriate that you mention that Trust were appointed London Property Management Company of the Year in 2011-2012 and were a finalist in 2012-2013 in that same category as well as in the Customer Service and Surveyor of the Year categories,” Mire says in a statement to LKP. “I myself was Highly Commended in the category of London Property Manager of the year in 2012-2013 and was a finalist in the Enfranchisement and Right to Manage category in 2012.”

These are organised by the sector’s magazine News On The Block.

The full LVT ruling of November 2012 concerning Arthur Court can be read here:

ArthurCourt

The Advertising Standards Authority decision can be read here:

ASA-1

Related posts:

Default ThumbnailFurious LVT victor complains that managing agent also sits on the tribunal panel 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! RICS sets aside two-day disciplinary hearing for Benjamin Mire Benjamin Mire fails to block RICS disciplinary investigation in the high court Benjamin Mire ‘resigns’ from property tribunal panel after complaints

Category: Benjamin Mire, News, Property tribunal, RICSTag: Arthur Court, Benjamin Mire, Property tribunal, Trust Property Management

Latest Tweets

Tweets by @LKPleasehold

Mentions

Anthony Essien (34) APPG (37) ARMA (87) Bellway (30) Benjamin Mire (32) Cladding scandal (71) Clive Betts MP (31) CMA (45) Commonhold (52) Competition and Markets Authority (41) Countryside Properties plc (33) FirstPort (42) Grenfell cladding (56) Ground rents (54) Harry Scoffin (150) James Brokenshire MP (31) Jim Fitzpatrick (35) Jim Fitzpatrick MP (30) Justin Bates (40) Justin Madders MP (67) Katie Kendrick (37) Law Commission (60) LEASE (66) Leasehold Advisory Service (62) Leasehold houses (32) Long Harbour (48) Martin Boyd (80) McCarthy and Stone (39) National Leasehold Campaign (38) Persimmon (49) Peverel (61) Property tribunal (49) Redrow (30) Retirement (37) Robert Jenrick (33) Roger Southam (47) Sajid Javid (38) Sebastian O’Kelly (55) Sir Peter Bottomley (201) Taylor Wimpey (106) Tchenguiz (33) The Guardian (33) The Times (31) Vincent Tchenguiz (43) Waking watch contracts (40)
Previous Post: « Leasehold Knowledge welcomes Red Rock Property Management
Next Post: Observer newspaper features Leasehold Knowledge Partnership – and warns of problems with joint freehold owners »

Above Footer

Advising leaseholders. Avoiding disasters.
Stopping forfeiture. Exposing abuses. Urging reform.

We depend on individuals for the majority of our funding.

Support Us and Donate

LKP Managing Agents

Become an LKP Managing Agent

Common Ground
Adam Church
Blocnet property management2

Stay in Touch

To achieve victory in the leasehold game where you are playing against professionals and with rules that they know all too well - stay informed with the LKP newsletter.
Sign Up for Newsletter

Professional Directory

The following advertisements are from firms that seek business from leaseholders.
Click on the logos for company profiles.

Footer

About LKP

  • What is LKP
  • Privacy and data

Categories

  • News
  • Cladding scandal
  • Commonhold
  • Law Commission
  • Fleecehold
  • Parliament
  • Press
  • APPG

Contact

Leasehold Knowledge Partnership
Open Data Institute
5th Floor
Kings Place
London N1 9AG

sok@leaseholdknowledge.com

Copyright © 2023 Leasehold Knowledge Partnership | All rights reserved
Leasehold Knowledge Partnership Limited (company number: 08999652) is a company limited by guarantee that is a registered charity (number: 1162584) with the Charities Commission.
LKP website is hosted at www.34sp.com
Website by Callia Web