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rtm
following the news of the possible demise of peverel,I would like some information on how to obtain RTM, we are a small development,with 18 leasehold apartments and 6 freehold units, so under the present landlord and tenant act, we are probably not able to proceed to the tribunal stage of the application. if anyone has been involved in anything similar please can you help?.on a separate subject we formed a RA some years ago using the model constitution from Peverel and it seems a good guide, we are lucky that we have a good relationship with both the HM and the AM who are both prepared to work with and through us.
Posted by shelley on 05 November 2013
Shelley,
There should be something in your agreement with the freeholder/leaseholder of the estate to which you contribute towards the maintenance that covers the event of the Manager going into liquidation.

I know of at least one mixed leasehold/freehold estate where Peverel OM held a lease (from the freeholder) on the shared estate part of the development. They could possibly help here, but I cannot.

Can the 18 leasehold apartments not acquire RTM? If so - based on the Court of Appeal case (GALA UNITY v ARIADNE ROAD RTM CO LTD) upholding an LVT and an Upper Tribunal determination that the RTM could take over the management of the whole of the small eatate around 2 blocks of flats with external car-parking spaces and undercroft parking (which included 2 freehold coachhouses), then the RTM would be well placed to take over the management of the whole estate, especially if the present Manager (Peverel I presume) goes to the wall.

Expert legal advice is probably called for.
Posted by FYI on 05 November 2013
Legislation?
As posted previously, I own the freehold of a semi on a development managed by OM Property Management. Where I am paying ever increasing charges.
I have tried to get help from LEASE, but as I thought, my situation does not come under their remit. Can anyone tell me; Is there any legislation that covers my circumstances?
Is there anyone in parliament trying to sort this ?
thanks Jay
Posted by Jay on 05 November 2013
Jay,
You may not like my reply.
You are in the unique position of having the fewest rights and protections. Basically, your home is freehold, but the surrounding areas are effectively leasehold.
I stand to be corrected, but i think your best option is to purchase the freehold of the surrounding areas and appoint yourself as managing agent.
You should take steps to find out who the freeholder is?
Posted by Michael Epstein on 05 November 2013
Time To Panic Peverel
Apart from another loss of income that Peverel will suffer with the news that Mcarthy and Stone are sacking them from 25 retirement developments (not just management fees, but insurance commissions,Retirement Homesearch sales income, even Dimplex Heater sales)a more pressing problem is the handover of service charge trust accounts. I feel sure Peverel accountants are trying to make sure those development accounts are put in order, though such is the chaos within Peverel this may not be possible.
Whereas a RTM company might accept any final accounts from Peverel just relieved to be rid of them, i doubt Mcarthy and Stone with their accountants will be so tolerant.
Any item or invoice that doesn't match will be exposed. Given the number of developments that have received invoices for another development this may well occur. The true extent of non-payments will become clear. Even after transfer, unless an agreement is reached Peverel will still be liable to collect arrears of service charges.
Whilst it is true that Mcarthy and Stone could collect arrears on behalf of Peverel why would they? Surely it is in Mcarthy and Stone's best interest to keep things peaceful. The last thing they need is to walk into hundreds of court actions, with the attendant publicity.
I said 2014 was going to be very interesting and so it shall prove to be.
Posted by Michael Epstein on 05 November 2013
There is a German saying which translates:
MALICIOUS PLEASURE IS THE PUREST PLEASURE
I am looking forward to 2014
Posted by Ursula Gifford on 05 November 2013
Schadenfreude?

Something that the too many Peverel Property / Regional / Area Managers and former directors have demonstrated for far too long.

Beware that they do not bring you down with them.
Posted by FYI on 05 November 2013
Future of Peverel Action
I am sure we will all agree that Peverel Action has done a sterling job in exposing the ways of Peverel.
Now that the Freeholding companies are taking work away from Peverel and now Mcarthy and Stone are sacking them from another 25 developments, and other major developments are working towards dismissing Peverel and not forgetting the forthcoming consequences of the price fixing scandal may I ask what will happen to Peverel Action post Peverel?
Posted by Michael Epstein on 04 November 2013
Well as others have commented on here, getting rid of Pev is not the end of it until legislation is changed. This site may follow on to be McStone Action..... To all those out there - you know who you are - If you can - buy the freehold or at least get RTM now
Posted by Trevor Bradley on 04 November 2013
I would hope that those who have become involved with Peverel Action, Carlex and LKP will continue to help those in society who benefit from people like me who find bullies are cowards. I will try to provide help and assistance as and when I will be able too.

I agree with Michaels prophecy and feel that we as commenters should set aside time for the residents of our own development and to help those of other developments as we are doing now. My new friend found on Carlex is clever and is helping to spread the word.
Posted by chas on 04 November 2013
ME

You ask which direction Peverel Action needs to go post Peverel.

I support all those contributors that want leasehold tenure abolished and we should join forces with CARL to get the job done. As long as this medieval system is allowed to continue so will the financial abuse.
Posted by fleeced on 05 November 2013
How about post Peverel renaming the website ACTION FOR LEASEHOLD REFORM?

And those that use the site be offered practical assistance going RTM from those with a professional knowledge of the industry such as Chas and others; I know there's already plenty of information available on the subject.

Posted by fleeced on 05 November 2013
The Prophet Michael and the Promised Land :-)

Well, at some point he's going to be right about this. But don't worry, there'll be plenty of others to focus upon.

There's a new kid on the block around here focused on taking business off Peverel, Mainstay and local agents. I'm sure they mean well, but it worries me they may be getting too big, too fast. Another embryonic Peverel in the making? Peverel were small once. I hope not.

I suspect Peverel will either continue to downsize and match their income and resources, or will be subject to another take-over and morph into something else. As I said earlier in the year, this company seems to have nine lives!! I'm amazed it still exists after all the scandal, bad publicity and financial pressures. But it does. Don't plan the celebration party quite yet folks.
Posted by Sentinel on 05 November 2013
The one thing that I cannot square with the predicted demise of Peverel is the appearance of the middle management jobs on its Working for Us website. The Company is clearly going through a major re-structuring with a future in mind?

I think there may be a need for a 'Peverel Action' some time into the future
Posted by FYI on 05 November 2013
Sentinel,

You have summed up the position well.

Mainstay I know have a sister freeholding company or two and I know of several quite large blocks that have replaced them with ANother Manager. As to 'local' Managers/ Managing Agents - its been a major 'acquistion fest' of late for some acquired on the back of the discontent of many leaseholders with the Peverel Group Companies'/linked freeholders' rapacious ways. Beware.....'plus ca change plus c'est la meme chose' / 'new Presbyter is but old Priest writ large'...however you express it... for Right to Manage to truly benefit leaseholders they must inform themselves of all aspects of the law and hold the whiphand.
Posted by FYI on 05 November 2013
Peverel Action has always been completely independent and narrow in its aims; and should be applauded for that. There has never been any question about commercial or political motives.

Peverel Action stories have been remarkably well researched and informed by contributors. Some of them have turned out to be right! PA has been maintained entirely by volunteers and dogged regulars.

[Dear Admin please feel free to edit these observations ...

Carlex sought subscriptions and donations pretending to be a charity in order to fund its former Chairwoman who felt entitled to earn a living and develop a political career from the campaign. The current editor now earns a living by taking fees from -- er -- managing agents.

The FPRA chairman was a judge who voted for Peverel in the 2011 pseudo-award for excellent customer service in property management, while AllAgents had them down as the worst in the country by miles. ]

In my view the job will not be finished until everyone is compensated and the people responsible are brought to justice.

FROM THE EDITOR PEVEREL ACTION
Your comments will not be edited. The whole point of this site is about true freedom of expression. Peverel Action is happy to publish controversial views. The only time we intervene is if there could be legal consequences arising from a post.
For example you could say in my opinion a particular property manager is hopeless. But if you went further and said something on the lines of "your property manager supported Arsenal", that would have to be edited!
Posted by Jonathan on 05 November 2013
Setting Up A Residents Association?
For those thinking of setting up a residents association, help is available from the Federation Of Private Residents Associations (FPRA). There is a small membership fee, but the information you will have access to is invaluable.
They can be contacted at info@fpra.org.uk
Posted by Michael Epstein on 04 November 2013
Michael I have considered setting up a Residents Association but fear this would prevent anything being undertaken as the views of the existing leasehold tenants do little to allow an understanding of what has been going on.
Whilst accepting this, the nitty gritty of finding out the ways we have been let down by Peverel Retirement Division is not SEXY AND TIME CONSUMMING but has to be undertaken to see the level of failure committed, by those who we pay over a £1,000.00 a month to do what could be done for half the amount.
A small local Managing Agent who is not VAT registered would save 20% from day one.
Posted by chas on 04 November 2013
Michael, this is quite a "positive" recommendation from you (FRPA). I'm always suspicious about organisations that are apparently set-up to help the public, but are in fact commercial ventures (even if not-for-profit). LEASE did have help on RAs their site, but I can't immediately find it. It would be good to hear from others that have used FRPA and whether they found it good value for money. It's actually quite easy to set up a RA and even get people signed-up. The bigger problem is getting money out of them on an annual basis. A once-off joining fee if small (say £5-10) is normally not an issue. Though I hesitate to mention it, you can actually get a 'model' constitution from Peverel, and with a little customisation it is in fact quite a sensible document (I know...surprise, surprise).
Posted by Sentinel on 05 November 2013
Sentinel,
As far as i know, there is a one off joining fee of £50 plus annual fees of £77.50 up to 25 flats, £97.50 up to 50 flats and £160.00 up to 100 flats.
So you are looking at around £2-£3 per flat.
In return you gain access to years of experience and knowledge. I think it has to be worth it.
Posted by Michael Epstein on 05 November 2013
I am the secretary of our residents association and we collect £3 at our residents association AGM for each flat as a membership fee. Over three quarters are members .I produce a Newsletter each quarter and am not afraid to include criticism of Peverel when necessary i.e. the insurance commission scandal, this is delivered to all members and is very much appreciated by some of our more elderly residents because it keeps them up to date with what is happening. Much is made of the fact that the officers can be handpicked by Peverel! Well our constitution provides for officer and committee member elections each year so unpopular members could be unseated! We have a committee meeting about every six weeks and the house manager attends for the first part to discuss any issues on site or matters of expenditure. This initiative means that we keep a close eye on the annual budgets and when necessary prevent our service charge being used for unnecessary purposes. Peverel provide each quarter a statement of the budget figures for the Committee to peruse. We nominate our own contractors and have in this way saved ourselves money. Each quote received for any work or service is scrutinised. Ok we cannot influence all matters, but having a well informed and proactive association has proved to be beneficial. Some years ago our service charge was double the budget figure. We insist that the budgets are adhered to as agreed. We make sure that our sinking funds are used for its intended purpose. We have received service charge refunds for the last two years.I`m no fan of Peverel but things have improved !!
Posted by jan on 05 November 2013
Almost exactly the same way as we work. Yes, it's with Peverel, and I wish it was somebody else, but right now that's our reality. But we will continue with our RA structure and vigilance no matter who the manager is in the future.
Posted by Sentinel on 05 November 2013
Jan,
I am pleased to hear of your experiences. May i ask if Peverel have been appointed on behalf of the freeholder or were appointed by the residents?
Posted by Michael Epstein on 05 November 2013
I Hate To Tell You I told You So, But!
Posted on 04 November 2013
Such a Fall In Fortunes
Posted on 03 November 2013
Carlex
Posted on 02 November 2013
Urgent Help Needed!
Posted on 01 November 2013
Understanding Peverel Jargon
Posted on 31 October 2013
Ask Janet Responds
Posted on 30 October 2013
McCarthy and Stone.
Posted on 30 October 2013
OFT investigations
Posted on 30 October 2013
McCarthy and Stone.
Posted on 29 October 2013
roof
Posted on 29 October 2013
Lift broken
Posted on 28 October 2013
UNDERGROUND CAR PARK
Posted on 27 October 2013
Renting Leasehold Properties
Posted on 27 October 2013
Head Of Customer Services
Posted on 25 October 2013
Ground Rent
Posted on 24 October 2013
recording meetings
Posted on 24 October 2013
Selling to underage persons
Posted on 23 October 2013
Disturbances
Posted on 23 October 2013
A FARCE TOO FAR....
Posted on 22 October 2013
E and M
Posted on 22 October 2013
CRB checks
Posted on 21 October 2013
E and M
Posted on 21 October 2013
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