Tribunal tells freeholder Israel Moskovitz to drop the ‘nonsense’ to frustrate right to manage

Thank you for your email of today’s date offering the opportunity to comment. Triplerose Ltd have sought legal advice and in regards to the RTM notice validity, we cannot comment on an on-going legal dispute at this time.

The comments about the security gate are factually incorrect. We would draw to your attention that the First Tier Tribunal have in fact inspected the property previously themselves and found  that the problems and vandalism of the gate is a problem caused by visitors and/or occupants of the property.  We would invite you to consider the independent finding of the First Tier Tribunal of our actions and responsibility for the various issues at this block. The FTT recorded itself in the decision of 10th July 2012 (Lon/00BH/LSC/2012/0136) that by its own inspection the property was ‘on the verge of being unmanageable’ (paragraph 4) and that ‘ It is right to record that the managing agents appeared to be doing all they could in extraordinary difficult circumstances (paragraph 7); Further the tribunal comment at paragraph 16 that ‘Given the difficulties associated with these blocks, we have no hesitation in saying the managing agent has earnt its fees’ . The tribunal go further to suggest that other agents may not want to take on the property.  You may note the gate issue has been addressed again as part of a current Section 20 consultation with leaseholders to further improve the property.

At the same our efforts to address anti-social behaviour and breaches of lease are also disputed . We note you have asked us explain the agent’s efforts to address the issue of trespass to the common parts.  Y&Y was informed by a leaseholder that persons unknown to them had carried out works to the Communal area of the development without prior consent from the Freeholder or Managing Agent. This of course alarms any agent or Freeholder as the lease is very specific about who is responsible to carry out and liable for these works. We also note that there was no complaint to Y & Y with respect to alleged graffiti prior to the work or prior to your contact. Y & Y had already scheduled painting to be carried out and the representations suggested merely that parties unknown wished to take on parts of the major works themselves – it is clear therefore that the  Agent and Freeholder have acted appropriately in these circumstances.

As Managing Agents Y&Y has a duty to make sure that the lease between Freeholder and leaseholder, a legal binding document is enforced. An agent would not be doing their job if it would not enforce the covenants of the lease. As indicated above, it is the range of anti-social behaviour at the premises  which underlines and obstructs much of the management obligations.  Y&Y Management will continue to act professionally and deal with breaches of lease on behalf of their client especially when those breaches, such as the examples above, cause a nuisance to others or place the Freeholder unduly liable.

As can be shown above your published article does not reflect the actual state of affairs at the property and you may note that Since Y&Y has been managing this development they have strived to make massive improvement across the board.
Some examples are :
·         New front doors on all 5 entrances has reduced all issues within the blocks to almost nothing.
·         LED Lights throughout reduced the electricity charges and issues with old and damaged lighting
·         New housing to the water tanks that were allowing pigeons to nest
·         New roofs, solved years of poor workmanship from previous management company
·         Installed a man safe system on the roof allowing safe access to workmen
·         Repointed most of the building & carried out Helibar repairs to the structure of the building
·         Replaced the sky lights AOV’s on the front block roofs to be compliant with the FB.
·         Renewed failed gutters and rain water drains
·         New bin store. (previously was open, attracting far more fly tipping)

Internals of the blocks as well as external of the back block are due under the major works which is now in consultation process. Residents have been well aware of this.

The increase in the value of the flats is well reflected in recent sales and down to all the hard work of Y&Y management Ltd.

Y&Y Management take pride in offering a professional service looking after the best interests of individual leaseholders, their Freehold client’s and the developments they manage. Y&Y Management has a significant amount of properties across the Country and the issues are relatively minor in comparison to the portfolio managed.