At the 2014 SHBL AGM our chairman claimed that the CCTV had been withdrawn on advice from Sussex Police but declined to provide any written evidence of this advice, even in the form of minutes. The only fact we know is that Aram was witnessed disabling this service, apparently in a fit of pique following the incident on B1 where a resident spotted the caretakers partner lying on the floor.
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(vi) In addition to the items of cost and expenditure mentioned or referred to in sub-clause (v) of this Clause 4 there shall be included in the annual maintenance cost commencing with the year ending the thirty-first day of March One thousand nine hundred and seventy such slim as the Lessor’s managing Agents or Surveyors shall reasonably consider desirable to be retained by the Lessor by way of a Reserve Fund as reasonable provision for such of the costs expenses outgoings and other matters mentioned or referred to in sub-clause (v) of this Clause as are not of a regularly recurrent annual nature PROVIDED THAT the amount standing to the credit of such Reserve Fund and being not then appropriated to meet liabilities actually Incurred nor specifically appropriated to meet the cost of periodic expenditure on redecorating the exterior of the Buildings or the common parts or an replacement of any furniture equipment or apparatus In the common parts shall be brought Into account by way of deduction In calculating the annual maintenance cost for the year ending on the Thirty-first day of March One thousand nine hundred and twenty-four and for each successive seventh year calculated therefrom.
In other words money collected for reserves must be reviewed and refunded on the following dates:
1973, 1980, 1987, 1994, 2001, 2008, 2015
THE Lessee HEREBY COVENANTS with the Lessor as follows: –
To pay all costs charges and expenses (Including legal costs and fees payable to the Lessor’s Surveyor) Incurred by the Lessor In or in contemplation of any proceedings under Sections 146 and 147 of the Law of Property Act 1925 in respect of the demised premises notwithstanding forfeiture Is avoided otherwise than by relief granted by the Court and also to any all costs charges and expenses Incurred by the Lessor In relation to the preparation and service of a Schedule or dilapidations at the expiration or sooner determination of the term hereby granted (including legal costs and fees payable to the Lessor’s Surveyor).
in plain English, SHBL cannot recharge its profligate expenditure on legal advice to leaseholders except when attempting to recover leases via forfeiture, and even then must have permission to do so by a court under section 168(4) of the Commonhold and Leasehold Reform Act 2002.
newsletter from SUSSEX HEIGHTS (BRIGHTON) LIMITED
Annual General Meeting (AGM)
This year’s AGM has been scheduled for Friday the 14th of November 2014 at 8:00PM. Formal notice will be sent shortly but the Board would welcome any proposals for election of Directors at the AGM.
Textbook newspeak: the board has no interest in hearing from shareholders, least of all nominations for sane directors.
Griffith Smith Farrington Webb LLP
As you may be aware, Griffith Smith Farrington Webb lLP have been working for a long time on a service charge arrears case against one of the leaseholders. Since commencing this matter back in 2010
And after four years what progress has been made?
we are told that the solicitor in this case has received and been subjected to unacceptable abuse and bullying (including death threats)
If this wasn’t so serious it would be laughable, unfortunately it is seriously libelous.
The Board has received from Austin Rees a notice of intention to terminate managing services for Sussex Heights.
Losing one servant in one month is unfortunate; to lose two smacks of a careless common denominator.
However, we are told that continually, over the past four years, staff and directors at Austin Rees have received constant harassment from a small minority of residents. This has been in form of emails, telephone calls and visits to the offices, also individuals at the firm have been personally targeted and regularly slandered on various websites and forums.
While this sounds as likely as the claimed death threats, it seems like a very peculiar way to deal with what sounds like what a managing agent is routinely required to do: answer emails, telephone calls and facilitate visits to their offices! Perhaps it’s a face saving exercise to bail out before they’re found to have collected their fees illegally in contravention of s.20ZA3 of the Landlord and Tenant Act 1985?
Windows Drips and cills Maintenance
The most of reported damp issues around windows have been found linked to low standard windows replacement works. The metal drips and cills were supposed to be removed during windows replacements, but in many cases it has not been done.
What about the original Critall windows? You can’t blame leaseholders for the abysmal performance of these that has been exacerbated by negligent maintainence of the cills and ill-judged application of a non porous paint the prohibits breathing.
New Secure Access System
The Board is delighted to present the new secure access system based on electronic contactless key fobs.
Why not consult with leaseholders before presenting this fait à complis?
They replace the front door keys and lock that jammed from time to time and their introduction is a step in line with many other quality blocks of Flats.
This is also known as “betterment” so we don’t expect to be charged for this in our service charge: the original locks worked fine for 45 years.
Every leaseholder can receive two keys for free and purchase up to 3 additional keys. The cost of each additional key is £10 before the 1st of January 2015 and £20 after. You can still operate the old key to open the main door, but only until Jonuary 2015. So please make sure you obtain new keys by the end of the year.
It’s unclear why the sale of keys is seen as a profit centre by this board – the previous keys were also sold with commercial margins unjustified by a paid agent.
The new key fobs are much more secure as they can be deactivated remotely when a resident moves away or a key fob is lost.
What are the privacy implications of vetting individual access this way?
There is also a proposal to install a new video entry phone system with direct connection to the porter’s desk and screens so
we hope the cost of this gimickery will not be charged to long suffering leaseholders!
The Carers Centre for Brighton and Hove is seeking volunteers to work directly with carers, supporting their wellbeing and helping them to achieve specific goals.
Tasks: Supporting a carer to work towards pre-defined outcomes and goals. This could be anything from supporting them to lose weight to teaching them computer skills or going for a jog with them. Volunteers will be matched with a carer based on the carer’s needs and the volunteer’s own skills.
Managed by: the Volunteer Co-ordinator
The hours will be variable, depending on your own availability, but can be from one hour a week.
Based: work will be undertaken within the city of Brighton and Hove.
Training will be provided
Benefits of the role: The volunteer would gain experience of working in a voluntary organisation, knowledge of unpaid carers and services available in Brighton and Hove.
Expenses including travel will be provided, along with informal support and supervision
This role will involve working with vulnerable adults, and as such an Enhanced Disclosure and Barring Service (DBS) check and references will be required
For more information on this volunteering role, please contact Daniel Eichner on 01273 746222 or email [email protected]
it is worth repeating the definition of a QLTA, contained in s.20ZA3 of the Landlord and Tenant Act 1985: it is “an agreement entered into, by or on behalf of the landlord or a superior landlord for a term of more than 12 months”. The LVT’s decisionIn this case, the LVT’s view was that the agreement appeared to be a rolling contract, subject to a break clause.It determined that “taking all the elements of the contract together”, the agreement was a QLTA because it was to be for a period of greater than one year.
The landlord’s appeal was dismissed.
Fire doors save lives and property. Fire Door Safety Week is all about raising awareness of this critical element of fire safety in every commercial, public and multiple occupancy building. Are you a building owner, contractor, installer, manufacturer, builders merchant, surveyor or building inspector?