Southside D12

F. Operational Methods - Lease compliance
Our Legal Department is well
placed to advise on all aspects
of breach to leases and policies.
Landlords and RMC Directors are
able to oversee any issues which
are flagged and may bring legal
proceedings so that appropriate
measures can be taken.
Our approach begins with a thorough lease review
undertaken by the Property Manager and overseen by Ian
Eaton, Property Director. It is important to identify areas
which have caused difficulty in the past and quickly agree a
standard approach, such as keeping a pet in the building or
other consent related matters.
These matters form part of a risk allocation and will need
a robust and consistent response in order to maintain
compliance.
Dialogue is key. Braemar Estates will agree the required
standards of behaviour, agree the protocol for consents
and how anti-social behaviour, such as noise nuisance, will
be dealt with.
As a rule we follow the standards established by ARMA,
but we would want to be confident that we have the
whole-hearted support of the Landlord/Directors before
taking any sort of enforcement action. The arrangement
that we have with Brethertons, one of the country’s
leading property debt specialists, ensures that legal costs
are never passed back to the service charge, but are the
responsibility of the defaulting leaseholder to pay and the
lease is clear on the ability of the freeholder to pursue the
leaseholders for costs in connection with arrears.
The Postbox, Birmingham
“This development contains two blocks and 258 apartments. It has
underground car parking and a 24-hour concierge. Since taking over
management, Braemar Estate has saved the development money
on the Service Charge, implemented energy-saving technologies in
the communal areas and enforced the strict lease ending the nightly
letting of apartments which was occurring.
Braemar holds regular meetings with Directors who have seen an
increased reserve fund since Braemar took over and now have a PPM
schedule which they have signed off. Victoria Smith, who we propose
for the management of the Southside development, also manages
this scheme and is responsible for the results above.”