Phillips v Francis – Appeal scheduled

We are relieved to report that a date has now been set for the appeal in this case. The ruling of the Chancellor of the High Court last year in the Phillips v Francis case created widespread concern throughout the residential block management industry.

Prior to this case, consultation for major works had been carried out on a project by project basis. The decision in Phillips v Francis turned this on its head and created a situation where the costs for all works (both proactive and reactive) were put into one pot.

The repercussions of this decision were enormous and over the last few months it has left industry experts scratching their heads as they struggled to find a way to practically apply the decision.

The appeal will be heard on the 14th and 15th May 2014 and we trust that a pragmatic and sensible decision will be reached. Until (and if) the decision is overturned, we are still bound by the case as it currently stands.

We will update you on the decision later in the year however in the meantime, this case is a timely reminder as to how important it is to keep abreast of regularly changing industry legislation. If your block is contemplating any major works this summer, make sure you receive up to date advice from your managing agent or risk the wrath of any vexatious lessees in your building!

Regards,

Johanne

Winter Woes!

Gale force winds and driving rain have caused havoc in our region over the festive period and New Year. As I write this update on Saturday 25 January I see we remain a hardy bunch in Gloucestershire though, as thousands of dedicated race-goers turn out at Cheltenham’s Prestbury Park in atrocious conditions to enjoy pre-Festival racing, whilst ardent rugby supporters brave the wind and cold at Gloucester’s Kingsholm to watch the England Saxons face the Irish Wolfhounds. And so our wet and windy winter continues.

Although the South West has suffered far less than other parts of the country, we too have seen entire roofs blown off commercial premises in town, falling trees crushing railings and parked cars being damaged by flying debris. The office telephone has rung relentlessly since Christmas Eve with news of building damage and reports of potential insurance claims.

The heavy rain and strong winds, coupled with the unusual direction have brought widespread problems with water ingress within many of our managed properties. Rain has been driven upwards, underneath roofing slates, through trickle vents on double glazed windows, and has crept in through any nook or cranny. Our maintenance contractors have yet again proved how reliable and professional they are, with many turning out on both Christmas Eve and New Years’ day to attend to the most urgent cases; we and the lessees involved thank them enormously for their commitment.

Unfortunately 18 Flood Alert Warnings and 8 Flood Warnings still remain in place in our region, including the River Severn from Tewkesbury to Gloucester, The Rivers Frome and Cam in the Stroud area and the River Avon around Tewkesbury. Updates can be found on the Environmental Agency’s website: www.environment-agency.gov.uk/homeandleisure/floods so please check regularly if your property lies within an affected area.

The Met Office assures us that the heavy rain will clear eastwards shortly, although strong, perhaps at time, gale force winds will linger a while longer. Apparently sunshine is on its way, albeit with an accompanying drop in temperature!

On a brighter note, the bulbs in my garden are poking through, so perhaps spring really is on its way – let’s hope so!

Keep warm, keep dry and please report any maintenance issues to us as soon as possible.

Johanne Coupe

2013 at Daisy Estate Managers

As 2013 draws to a close it is with fond memories that we look back on another eventful year in the life of Daisy Estate Managers. Throughout the year we have been delighted to welcome several new clients, many of whom have, in turn, become valued friends. We thank them for their commitment in joining Daisy. Likewise, it’s been a pleasure to build on our relationships with our existing clients, as we continue to guide them through the maze that is Estate Management.

Our year began with yet another office move; this time to 7 Rodney Road in the heart of the town. This time we intend staying put, well at least until the ink dries on the new stationery! Our central location now enables us to be closer to many of our managed properties, with several now within walking distance. Clients regularly pop in whilst passing, sometimes to pay service charges over a cup of tea and occasionally to report any maintenance issues that have arisen overnight. They are always most welcome.

Throughout the year our in-house Chartered Surveyor, Johanne Coupe, has overseen numerous high value refurbishment and repair projects. Such schemes include replacement roofs; works to foundations and supporting structures; major programmes of external redecoration and ancillary repairs; reparations to prominent Listed Buildings and damp proofing subterranean apartments. Daisy Estate Managers continue to be proud of their commitment to promote the use of environmentally friendly and sympathetic building materials and systems in all works they oversee.

In April Johanne successfully presented a case to the Leasehold Valuation Tribunal, seeking dispensation from the full s.20 statutory consultation procedure normally required before major works can be undertaken. This success enabled urgent and major reparatory works to be carried out immediately to one of the most prestigious residential buildings in Montpellier.

July saw a personal achievement for Johanne, when she was thrilled to be awarded a Fellowship of the Royal Institution of Chartered Surveyors; a distinction awarded in recognition of her individual achievement within the surveying profession.

As a result of our rapid growth in 2013 we have welcomed two new staff to team Daisy. Jane Wintle was appointed as Head of Accounts in April and Jacqui Blay joined as Jane’s assistant in October. Both bring a wealth of financial management experience to the business.

2013 has also seen Johanne assisting the lessees of two blocks with the tortuous, but ultimately worthwhile, Right to Manage process. Don’t forget that the Commonhold and Leasehold Reform Act 2002 enables Leasehold Tenants who meet strict criteria to replace the existing, usually freeholder appointed, managing agent with one of their own choice. Invariably a local agent with specialist knowledge and lower fees can be secured for the overall benefit of all lessees.

During the year we have unfortunately encountered a number of lessees who have, for various reasons, ceased making service charge payments. Without regular payments scheduled maintenance and urgent repairs to blocks are put in jeopardy. Those who were experiencing genuine hardship were assisted with payment plans. Those who simply refused to pay were dealt with through the appropriate legal process, which ultimately ended up with them paying far more than originally due! In short, if you’re struggling for whatever reason, please do contact us, we’re here to help. If not, we will protect our blocks through proactive debt management.

2013 ended on a high for Daisy when we received instructions from a prominent local developer to manage their entire portfolio of blocks of flats. Unfortunately some of these blocks had fallen into relative disrepair through years of inadequate management. Johanne and her team are currently assessing the structural condition and finances of these blocks before implementing programmed schedules of maintenance and refurbishment.

2014 already looks to be an exciting year for Daisy; we look forward to building upon the excellent relationships with our existing clients and to welcoming any new clients who wish to benefit from our proactive, cost effective, fully regulated and professional local management.

Well that’s a brief synopsis of our year to date. All that remains is for me to thank you for all for your continued support of Daisy Estate Managers and to wish all our clients a Happy New Year.

Best wishes for 2014 from all at Daisy.

Johanne