This is a reply given to a regular contributor concerning the lack of clarity over Firstport management contracts given by Cecillia Brodigan, Head of Operations, Association of Retirement Housing Managers.
Firstport has advised that wherever possible they are content to provide copies of their management agreements open requst subject to the landlord's approval.
There are however certain circumstances where there are bulk management agreements in place and where commercial sensitivities must be observed.
In such circumstances Firstport would still provide full terms and conditions as laid out in the agreement.
So how does this help leaseholders in dispute with Firstport?
Instead of the usual arguments about costs/poor service etc or disputes about the non payment of service charges, it is now open for any leaseholder to make the legality of Firstport to collect a service charge as a starting position in their dispute.
It is a perfectly legitimate concern for a leaseholder to establish that Firstport really do have a contract to manage allowing them to collect service charges
Without a contract to manage, all issues concerning demands for payment of service charges, administration and legal fees are voided.
At the very start of any court action, Firstport would have to show the court a management contract. If they cannot, they have lost the case at the first hurdle.
It may be of interest to note, that when the lack of contract argument has been used, Firstport have avoided court action at the very last moment. Where a leaseholder refused to accept their climbdown and has forced Firstport into court, Firstport could not show a management contract. This has led to Firstport having to make some very expensive refunds.
About Peverel gives express permission to any leaseholder to use this post in connection with any action they are involved in.
We also suggest that those encountering problems with Firstport copy in Cecillia Brodigan. email board_of-directors@arhm.org
