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Frequently Asked Questions

FAQ groups:

10 frequently asked questions in Legal, Rules, Regulations, Memorandum & Articles, Lease Covenants, Management Agreement:

What help do you offer if we are forced to take legal action?
We will put you in touch with a NO WIN NO FEE legal service.
How do we deal with solicitor's enquiries when we are buying or selling ?
At an extra cost, we can deal with the Law Society and put together a sale information pack for you.
What does the Estates Director's quarterly pack contain?
  • An arrears list
  • A budget performance report which reports spending against budget to date
  • A news letter
How do you deal with lessees who are in breach of their lease?
It is difficult to answer this question without considering the type of breach. Common breaches include
  • failure to fix an overflow.
  • Parking in a space not demised to the car owner.
  • Alterations to which consent has not been granted.
A matter that may warrant litigation would always be discussed with directors as it is up to you to sanction such works. However, you need to be aware that since February 2005 a forfeiture notice cannot be served on any defaulting lessee without first applying to the Leasehold Valuation Tribunal to deem the matter is a valid breach.
Remedies include
  • Section 146 action for Forfeiture, with the consent of the Leasehold Valuation Tribunal
  • An order for specific performance, ie, a County Court order to do XX
  • A money judgement for damages
How do you deal with breaches of covenant?
We have a breach process tool that deals with the most common 17 breaches we regularly find, these range from breach of a “keep carpeted clause” to “pets” or barbeque's in the common areas.
Breaches are dealt with by 3 letters from the Estates Teams each giving a target date for action to have been confirmed to us by the lessee.
Our document tracking system automatically escalates cases to the caseworker when the 7 or 14 days for next action is reached.
Stage 4 is a pre-action letter from our Legal Services Team in accordance with the Civil Proceedure Rules chargeable to the lessee in default at £20 + Vat. What then follows is a notice of breach chargeable to the lessee in default at £125 + Vat.
Then depending on the chosen route of recourse the action would be
  1. Treat the matter as an emergency, execute rights of entry to fix/repair and recharge to lessee
  2. Start proceedings in County Court for money judgement for any direct loss
  3. Start proceedings in Leasehold Valuation Tribunal to get sanction to serve a Section 146 forfeiture notice
What communication could a Client Director expect from Ringley?
Directors build a close relationship with an Estate Manager & his/her assistant, we do treat Directors as a special group of people and would deal with then 1st.
We also pre-notify Directors of site visits planned, send them emailed copies of minutes annoted with actions and likewise for site visits. All such information is also available on the client area of the web site.
Note - The Estate Manager is scheduled one day a week to be out of the site doing site visits. A little flexibility needs to be understood as property management is not a desk based job.
What is the notice period to terminate a management agreement?
Our notice period for disengagement is three months. The specific contract must be reviewed as if the initial period has not expired a set up fee may be chargeable. Also, if a fixed contract period has not expired there may be an extra termination fee.
What professional associations or trade bodies to which your firm belongs?
  • Royal Institution of Chartered Surveyors
  • Association of Residential Managing Agents
  • Association of Building Engineers
What services are excluded from the management fee?
The following are not part of the Ringley Management Package described in the Terms of Appointment
  1. carrying out an inspection of the Property (other than the common parts thereof), or a building survey or valuation of the Property for security purposes, or preparing or checking an inventory;
  2. offering vacant property to let, preparing tenancy agreements, advising the Client on rents, consulting Rent Officers and making submissions to the Rent Assessment Committee, advising the Client on the terms of any lease or negotiating the terms of any new or varied lease;
  3. advising on right to manage, freehold purchase/enfranchisement applications and/or the sale of shares in any Freehold company to non freehold owners or any non demised parts of the building; including preparing statutory valuations, service of notices, formation of right to manage and/or freehold/management companies, preparation of EGM notices, attendance at meetings, changes to the company structure (Memorandum & Articles of association) to facilitate any grant/issue/allotment of shares, sale of shares, managing a bank account for the purpose, negotiating premiums, advising on how to deal with/allocate the proceeds of sale including grant of dividends, advance corporation tax and executing deed of variations to grant lease extensions;
  4. post questionnaire or board resolution to vary a defective lease clause under S37 of the 1987 Landlord & Tenant Act to draft replacement lease clauses, prepare a case for Leasehold Valuation Tribunal and register changes to the lease with HM Land Registry;
  5. initiating or responding to, conducting, negotiating with the parties, preparing evidence for and attending hearings or Leasehold Valuation Tribunal and otherwise dealing with any rent review, party wall proceedings, application for a grant or for consent, insurance claims, arbitration or litigation;
  6. preparing statutory notices to include consultation notices to comply with landlord & tenant legislation
  7. dealing with 3rd party company secretaries to maintain the legal ownership registers where notice of transfer is not received from a purchaser on sale and detective work is required to trace sales that are not notified to us, dealing with non panel accountants or an accountant who will not visit our offices to view bank, invoice & other audit records to which a time charge for copying original records will apply.
  8. dealing with local government matters including registration of Houses in Multiple occupation, council tax valuations, planning permission, building regulations consent and grant applications;
  9. advising on or assisting with enforcing contracts where the contracting parties do not include the Client/Client Company, or where Ringley were not the appointed managing agent/contract administrator at the time hence researching time is required;
  10. supervising and verifying the performance of contractors or other professional consultants whose work would normally require verification by a Surveyor; ie, where repair or improvement works are procured via an informal tender situation as opposed to a project run by an Engineer under a JCT contract. Such works will attract the greater of an hourly rate fee for acting on the instructions of the Client or 5% whichever is the greater.
  11. acting as liaison between Directors, Lessees for capital works projects on which Ringley are not appointed as Contract Administrator including the co-ordination of outside consultants, contractors. Such works to be remunerated at - Value of works £1-£50,000 - 3%, £50,-£100,000 - 2.5%, £100-£200,000 - 2%, £200-£300,000 - 2%, £300,000+ - 1.5%
  12. preparing specifications for tender, supervising and measuring works the cost of which exceeds the specified expenditure limits and for non-routine matters and where expenditure is in excess of the limits contained in the Landlord and Tenant Acts 1985 and 1987 or as subsequently amended;
  13. advising on safety or health matters to any part of the property including Access Audits, compliance with the Disability Discrimination Acts, Water Treatment or other requirements laid down by insurers, the Local Fire Officer or local government;
  14. complying with requirements on Clients by their insurers or health & safety legislation insofar as they relate to the waste, neglect, negligence, lack of repair or compliance with IEE, gas safety or water regulations as applicable to individual flats;
  15. after notifying a lessee in writing 2 times of a potential breach of covenant, preparing repairs and/or breach of covenant or forfeiture notices is chargeable;
  16. any advertising and recruitment of staff on behalf of the Client;
  17. supplying extra copies of statements of account and copies of any other documents;
  18. if the Client is a company, acting as Company Secretary;
  19. dealing or advising upon applications for assignment of tenancies or leases, sub-lettings, alterations and changes of use.
  20. providing copies (other than odd 1 off copies) of supporting invoices to persons other than accountants/auditors, however all invoices will be made available for inspection at our offices during working hours with or without appointment.
How do you quality control your service?
We believe we are a market leader in the following monitored and internal quality controlled customer standards:-

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