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The inaugural
ALEP conference last week was a huge success and we hope that
you will consider attending one of our future events. Follow
the link below to see some pictures from the day.
To give
you a flavour of the day, below are some notes about the talks
and discussions:
The inaugural
ALEP conference on 1 November 2007 concluded that flat owners
were not being well served by some professionals despite the
rigourous codes of conduct and ethics of the Royal Institute
of Chartered Surveyors and the Law Society. The call went
out for higher standards, and ALEP was to blaze the trail.
Over 50
delegates debated the three provocative presentations made
by the speakers. And the delegates then broke up into two
syndicate groups, returning with a series of actions points.
Andrew
Pridell of Andrew Pridell Associates is a valuer and surveyor
renowned for his outspoken opinions and entertaining delivery.
In his analysis of the Leasehold Valuation Tribunals, he criticised
the members of LVTs for often not being familiar with the
issues being presented: "Some members of the LVT should
not be sitting there," he claimed. He also criticised
the process for being opaque. Often determinations from LVTs
came with no substantiation to the members' decisions. This
was unfair on both parties, he suggested. Andrew also called
"nonsense" the supposition that members of the LVT
should not use their previous experience when making determinations,
as they are required to do. He called for a review on the
way the LVTs worked and were constituted. For example, panels
are sometimes drafted in from other areas if there would otherwise
be a conflict of interest, and so are not familiar with the
area concerned.
Chris
Sykes of Sykes Anderson LLP is a solicitor and the author
of the seminal 'Leasehold Enfranchisement and the Right to
Manage - A Practical Guide', published by the Law Society.
In his presentation he explained how freeholder rights had
been gradually eroded by legislation and that there was more
power in the hands of the leaseholder. He explained that the
"freeholders have struck back" with their financial
muscle, technical challenges such as Cadogan v Morris and
that the frontline was with valuations, namely the recently
rejected appeal in the Sportelli case.
Chris
referred to marriage value as the battleground, but not before
questionning its very existence. He even described it as "double
counting", effectively compensating the freeholder twice
for their loss of the freehold. While the balance of power
may be swinging to the flat owner, Chris suggested that major
reform - if not abolition of marriage value - should be considered.
Most provocative
was Nicholas Kissen of the Leasehold Advisory Service, standing
in for the former Chief Executive Peter Haler, who was unwell.
Nicholas laid out ten common failings among professionals
in leasehold enfranchisement and urged them to improve standards.
Among the shortfalls that LEASE regularly had to deal with
when receiving complaints from the public were professionals
missing deadlines, failure to maintain momentum in freehold
acquisitions or multiple lease extensions, and failing to
supply the the correct signature on notices. Nicholas believed
that there were "too many people dipping their toes into
the water" of leasehold enfranchisement. He asked the
conference to crystallise the aims of its members democratically
and ensure that membership criteria were monitored so that
the ALEP logo becomes a "matter of prestige".
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