|
Written by Alastair Dunnett
|
Most long leases of blocks of flats provide for the landlord to repair and maintain the block and to recover the cost through a service charge, payable by the tenants. Who does what work tends to be decided by the landlord and the Service Charge (Consultation Requirements) Regulations as well as the Landlord and Tenant Act 1985 which seek to protect the tenants in two specific ways:
Firstly, they protect the tenants by limiting the charges to those that are reasonably incurred and to work that is carried out to a reasonable standard. Secondly, the landlord must comply with a consultation process before they are able to recover the costs when commissioning what is defined as “qualifying works’ or a ‘qualifying long term agreement’.
The consultation requirements are generally recognised as being split into 3 separate stages and are fairly detailed but can be summarised as first of all involving the landlord providing notice to the tenants of their intention to carry out the works and inviting representations from the tenants. The landlord should then provide the tenant with estimates and finally a notification of their decision together with their reasons.
If the Landlord does not follow the correct procedure the maximum he can recover from each tenant is £250.
The recent case of Daejan Investments Ltd v Benson and others has dealt with the question of exactly what happens when the landlord does not comply with the consultation requirements.
Daejan were the freehold owner and landlord of a block of flats in Muswell Hill of which 5 flats were held under long leases that provided for the payment of a service charge. The landlord instructed a contractor to undertake various works to the property at a total cost of £270,000 however they did fail to comply with the consultation requirements in the Act and as a result it was held that they are only allowed to recover the sum of £250 from each tenant (a total of £1,250)
Daejan had argued that their failure to follow the procedure should be excused (as the legislation can allow) on the basis that it would be reasonable to dispense with the requirements however this argument was rejected by the Court of Appeal. The Court also held that when considering whether to dispense with the consultation requirements, the financial cost to the landlord was not relevant.
Daejan has made it quite clear that landlords (and managing agents) do need to be absolutely sure that they are aware of and comply with the consultation requirements. Daejan only recovered £1,250 of the £270,000 that they had spent on the works and it is certainly anticipated that there are many more landlords who will be caught out by this trap.
|
|
Lawyers help to make dreams come true for local people |
|
 An amazing total of £1,044 was raised and the trustees of Dream-A-Way met the partners and staff at the Veitch Penny offices in Dixs Field on Monday 24th January where the money will be handed over.
The Veitch Penny Charities of the Year are nominated and voted for by the Partners and staff of the firm, making it truly the firm’s charity.
Senior Partner, Mark Fowles said, "It is a very deserving charity and the work that they do and the service they provide is fantastic.".
(from left to right): Frances Macdonald (Associate Solicitor, Veitch Penny), Katherine Austin (Secretary, Veitch Penny), Mark Fowles (Senior Partner, Veitch Penny), Rachel Billen (Associate Solicitor, Veitch Penny), Gill Freeman (Events Coordinator, Dream-A-Way) & Jeff Merrett (Chairman, Dream-A-Way). |
|
Leading personal injury solicitors help unusual accidents |
|
Veitch Penny LLP continue to be a Leading Firm in South West for Personal Injury* legal work. It is a position they have maintained for the past 7 years and is highlighted by their recent run of successful and unusual cases.
Veitch Penny understand how an accident can result in a life changing personal injury, but nature of the accident can be just as surprising as the injuries themselves. In particular, two recent Veitch Penny cases highlight this. One involved a woman who recovered £20,000 compensation after her horse was startled by a vehicle and a man recently received £13,000 after being attacked by a cow whilst lawfully walking along a public footpath.
There have also been several complex road traffic accidents. One was recently settled at £225,000 gross. Another involves a road traffic accident over ten years ago, where the claimant regretfully has gone on to develop a number of complications. The claim is being pursued in the High Court in London and is proceeding to Trial in the summer this year with an estimated value in excess of £4 million.
These examples are in addition to more common accidents, such as slips and trips, defective products, sports injuries, accidents at work and even stress at work – all of which Veitch Penny has experts on hand to advise. However the law has restrictions, for example if your accident was over three years ago, your right to claim compensation may have expired. Therefore, if you have had a personal injury and would like to find out if you can claim compensation, please ring Exeter 278381 to speak with a professional in more detail.
Veitch Penny Solicitors also specialises in wills, probate, conveyancing, and tax and employment advice for members of the general public, as well as actively working with local businesses and employers.
* The Chambers Legal Guide 2011 |
|
Clear message to Landlords on protecting Tenants' deposits |
|
Private landlords have had a lot of new red tape to put up with recently. New Rules about testing gas and electrical appliances, Energy Performance Certificates and of course the new deposit protection rules.
The deposit protection rules seemed to suggest that if a landlord failed strictly to comply with those rules the landlord has to pay the tenant a penalty equivalent to 3 months’ rent.
Tenants have been arguing that the rule has to be applied strictly and even if a landlord is just one day late or fails in some other way to comply with the regulations, then the tenant is automatically entitled to 3 months rent from the landlord.
Local Solicitors, Veitch Penny LLP, advise that the Court of Appeal had recently been asked to decide whether a tenant can claim compensation for their landlord’s failure to pay their deposit into a recognised deposit scheme. The verdict was delivered this week and the outcome appears to be heavily in favour of landlords.
A number of cases in and around Exeter have been on put hold whilst everyone waited for the outcome of this decision and both landlords and tenants ought to be aware of the consequences.
If you are a landlord or a tenant and are faced with this situation, or any other matters arising out of a tenancy, then contact Veitch Penny on 01392 278381 and we are happy to offer a free half hour consultation.
Veitch Penny Solicitors also specialises in wills, probate, conveyancing, and tax and employment advice for members of the general public, as well as actively working with local businesses and employers. |
|
Local school children's card designs help Dream-A-Way |
|
This year Veitch Penny teamed up with Pinhoe Church of England Primary School for their annual Christmas card competition, which is one of the final big fundraisers for their charity of the year, Dream-A-Way.
Veitch Penny are delighted to announce that the winner is Isobel Buxton, age 7, who wins £50 in WH Smith vouchers, with her snowman design. Second place went to Joshua Moon, 10, who won £25 vouchers and third place went to Daniel Wilding, seven, who won £10 vouchers. With the quality of entries so high, the firm awarded Caitlin Ambrose, Ashley Williams, Harry Landen, Abbie Flanagan, Molly Roberts, and Zachary Davin with an additional runner up prize of £5 voucher each.
Not only will the cards be sent out to friends and clients of the firm, but are also for sale, with all money raised from the card sales going directly to Dream-A-Way. Cards can be purchased from either Dream-A-Way or the Veitch Penny Exeter office.
For the past 10 years, Veitch Penny have enjoyed working with local schools and charities to design the companies’ corporate Christmas cards. Judging was held by the firms Staff Liaison committee at the Exeter office and all were amazed by the standard and quality of entries.
In addition, Veitch Penny will donate £100 to their charity of the year Dream-A-Way, as a token of thanks and appreciation.
Please click here to see the article in the Express & Echo. [http://www.thisisexeter.co.uk/news/Children-s-festive-art-helps-charity/article-2965228-detail/article.html] |
|
Local Solicitor Celebrates 30 years practicing the law |
|
Local Solicitors, Veitch Penny LLP, of Exeter and Crediton, are celebrating as one of their longest serving members of staff, Partner, Andrew Harris, accomplishes 30 years in the legal profession.
Andrew, who co-heads the Claimant Personal Injury department at Veitch Penny in Exeter, became a Fellow of the Institute of Legal Executives in 1979 and was admitted into the rolls of the Law Society when he qualified as a solicitor in December 1980 joining the firm at the same time. He is a member of APIL (the Association of Personal Injury Lawyers) and is recognised for handling serious injury and complex cases.
Andrew is a year round motorbike rider and through his enthusiasm, developed and fronts the firm’s specialist biking incident department, which assists victims of motorbike accidents through representing their personal injury claim and helping them get back on the road.
Andrew actively promotes safe motorcycling as a Qualified Motorcycle Senior Observer for the Institute of Advanced Motorists. He also supports the British Motorcycling Federation as a founder member of their Biker Legal Line service.
On achieving 30 years as a solicitor, Andrew said “I am delighted to be celebrating my anniversary with Veitch Penny. It’s great to be able to look back at my time and know that I have helped so many people to get their lives back on track after often terrible accidents, and I look forward to continuing to support them for many years to come.”.
Veitch Penny Solicitors also specialise in wills, probate, conveyancing, tax and employment advice for members of the general public, as well as actively working with local businesses and employers. Please ring 01392 278381 for further information. |
|
|
and are bound by their ; SRA registration numbers: 00523544 and 00535277. The term 'Partner' is used to refer to a Member of Veitch Penny LLP, an employee or consultant with equivalent standing and qualification, a full list of which is available for inspection at the above address.