As a freeholder, management company, right to management (RTM) company or managing agent, you will no doubt have faced a dispute in some form, raised by a property owner who feels either that an aspect of management has not been undertaken well or to their satisfaction. Without the proper advice at an early stage, such disputes can lead to time consuming negotiations or, perhaps, unnecessary settlements or compromises.
In our extensive experience of property management disputes, we note that most are borne out of a misunderstanding of either circumstances, contractual obligations, statutory rules that apply to either side or a combination of all three.
We advise client landlords and resident management companies, RTM companies and professional managing agents on a daily basis on all nature of disputes arising at developments be that:
The level or manner of collection of service charges
Major works consultation or costs
And non-monetary issues such as:
flooring
sub-letting
alterations
assignment formalities
parking/vehicle restrictions
restrictions affecting how the property can be used (Airbnb lettings currently form a major part of these enquiries)
Ownership and liability for repairs of such matters as:
window frames
doors and door frames
garages
balconies
In most cases a clear and considered response to a disputing property owner, citing clear interpretation of contractual and statutory obligations (and the specific reasons for certain circumstances), will resolve a dispute before it starts to incur significant costs for either side. The result is often that a great deal of time and ill feeling is saved, and that significant costs for disputing parties are avoided.
Where, despite the above, a dispute cannot be resolved, we provide expert advice and assistance in seeking a conclusion to that issue, with or without reference to the Court or Tribunal, as may be required.
All lawyers at KDL Law are first class, commercially minded practitioners with significant experience of most of the issues that you may face from time to time. As a result, we have an ability to assist both sides to a negotiated conclusion where this is possible. Where the matter needs a determination by Court or Tribunal (assuming settlement cannot otherwise be achieved) then we are able to provide reasoned and practical advocacy to assist both parties but also to the Court or Tribunal in reaching its conclusion.
A NON-EXHAUSTIVE LIST OF THE DIFFERENT TYPES OF DISPUTE THAT WE ADVISE ON REGULARLY INCLUDE THE FOLLOWING:
