Service Charge Residential Management Code of Practice

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  • Service Charge Residential Management Code of Practice

    This is normally bought from RICS booksellers but is also available free here.

    Service Charge Residential Management Code - *LINK REMOVED AT REQUEST OF RICS*
    Last edited by Joe; 29-09-2014, 11:15 AM.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

  • #2
    Ouch. I wish I hadn't paid £18 a month ago, it's a lot of money for 70 pages

    Comment


    • #3
      It was only found recently, by accident.
      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

      Comment


      • #4
        I found it too by accident a while back although I think on a difdferent site, I was recently reading a consultation paper on suggested changes to RICS and one of them was thet the code should be free and distributed more so as to give leaseholders a better standing.

        Andy
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

        Comment


        • #5
          Originally posted by leaseholdanswers View Post
          Service Charge Residential Management Code *LINK REMOVED AT REQUEST OF RICS
          Or here, Actual RCIs 2nd edition, with covering page
          ( Looks professional on your desk, or at meetings )
          *LINK REMOVED AT REQUEST OF RICS*

          with other info at *LINK REMOVED AT REQUEST OF RICS*

          Don't have time at present to fill with good info, so if anyone has pdf
          copies of decent "need to know" info, send me a copy.

          R.a.M.
          Last edited by Joe; 29-09-2014, 11:16 AM.

          Comment


          • #6
            Ram, an unofficial source of the document may breach copyright laws, are you sure that link is legitimate?
            I also post as Mars_Mug when not moderating

            Comment


            • #7
              Originally posted by Moderator2 View Post
              Ram, an unofficial source of the document may breach copyright laws, are you sure that link is legitimate?
              If the RICS code on both sites, is word for word, from 1.1 to 21.6 plus items below,
              and identical, then that makes ALL links subject to copyright, and both links should be removed. ?

              however, the first link is not updated, and is just what was agreed at the time.
              But the second link is updated, ( mine ) and should be seen as a definitive code
              of practice.

              Many people will welcome sight ot the document, and it's up to them if they wish
              to see an updated copy or not. ( Best to see updated copies )

              Thanks.

              R.a.M.

              Comment


              • #8
                I just think that legislation.gov.uk is more likely to be an authorised distributor than freespace.virgin.net
                I also post as Mars_Mug when not moderating

                Comment


                • #9
                  Originally posted by Moderator2 View Post
                  I just think that legislation.gov.uk is more likely to be an authorised distributor than freespace.virgin.net
                  legislation.gov.uk has not entered into a contract to distribute RICS material,
                  as far as I know.
                  Legislation.gov.uk are only publicising what happend, they are not a distributor
                  for RICS, otherwise they would have a "Shop" for you to purchase the item.

                  if RICS wish to sue me, that is their right, but it was not me that scanned
                  the document.

                  If you are worried about copyright, delete every post bar post number one,
                  but bear in mind the legislation.gov.uk is showing edition 0, ( zero ) as that's
                  all they are reporting on, the draft that was sent into them, modified as required.
                  And a statement as such that it is not the latest edition, which is now number 2.

                  freespace.virgin.net is a holder of data for millions of people, they are not
                  responsible for the content.

                  If RICS is worried, they may contact any website, and have any suspect material
                  removed.
                  As they have not contacted virgin.net ( the document is still there ) then they
                  are not worried. If you find the document deleted in future, then one can assume
                  it was copyright material. If it remains there indefinitely, make you own conclusions.

                  As organisations and people on here are requesting it be made freely available, so that
                  it makes for better freeholders and landlords, then I sanction that.

                  Regards,

                  R.a.M.

                  Comment


                  • #10
                    Ram honestly just for once please avoid arguing a pointless argument?

                    The code of practice is created under statute and has a proper and legitimate home at legislation.gov.uk. which is free and open access to all.

                    © Crown copyright You may use and re-use the information featured on this website (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence
                    The RICS also publish it in their own binding which is, word for word, the same.

                    Your link to that copy is however a breach of copyright.

                    I have asked for this thread to be open and made into the first Sticky on Long leasehold, so that questions can be asked on the code, nothing else.

                    Please respect that or I will ask the Site to remove all comments and have the thread locked.

                    Don't ruin a good thing please...
                    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                    Comment


                    • #11
                      The RICS Code - two points

                      1. The 2nd Edition of the Code does not apply to Wales and (as far as I am aware) it has not been approved for use in Wales under LTA 1987 s.24.
                      2. The RICS is apparently considering further updates to the 2nd Edition of the Code.

                      Mark

                      Comment


                      • #12
                        Originally posted by thebrief View Post
                        1. The 2nd Edition of the Code does not apply to Wales and (as far as I am aware) it has not been approved for use in Wales under LTA 1987 s.24.
                        2. The RICS is apparently considering further updates to the 2nd Edition of the Code.

                        Mark
                        1: It is clearly stated in the code that it only applies to England

                        2: The code remains in force until amended, however case law or ( rarely) legislation may be such that the application of the code may be changed or superseded.
                        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                        Comment


                        • #13
                          In preparing my LVT application Ive managed to listed 20 breaches of the code by my FH, anyone beat that ?
                          Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                          I do not accept any liability to you in relation to the advice given.

                          It is always recommended you seek further advice from a solicitor or legal expert.

                          Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                          Comment

                          Latest Activity

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                          • Hidden Admin Fees
                            37eeyore
                            My son is a leaseholder in an ex local authority flat that is now owned by a housing authority. I have recently been checking his service charge bill and received a summary of charges and copies of the repairs invoices. When I matched up the invoices to the summary I discovered that every invoice had...
                            28-01-2017, 13:32 PM
                          • Reply to Hidden Admin Fees
                            andydd
                            Aha.;.thanks leaseholder64, not something I'd come across before and explains the reference to UC by the FH/LL. I havnt read the document completely but it makes some sense, for example a Service Charge would normally cover repair costs, etc and you would expect UC to cover this amount BUT Service Charges...
                            23-08-2017, 16:05 PM
                          • Reply to Hidden Admin Fees
                            leaseholder64
                            The real question is how do they come up with 15%. Splitting the excess over the fixed cost in proportion to input costs is a cheap way of meeting the UC apportionment conditions. That way, larger jobs will subsidise small ones, but that won't affect how much you actually pay. However, the 15% needs...
                            23-08-2017, 14:30 PM
                          • Reply to Hidden Admin Fees
                            37eeyore
                            The lease says - all other costs incurred by the Landlord in or in connection with maintenance or management of the building. No fixed fee mentioned although, as I said, we pay a fixed management fee.

                            They have a qualifying long term agreement with a company to carry out all maintenance....
                            23-08-2017, 13:59 PM
                          • Reply to Hidden Admin Fees
                            leaseholder64
                            Although the RICS guidelines (which may not apply in all cases to RSLs) recommend a fixed annual fee covering the basic service, and routine maintenance, they do accept that:



                            may be subject to additional charges, and 15% is in the right ball park. What they do say is that...
                            23-08-2017, 13:48 PM
                          • Reply to Hidden Admin Fees
                            37eeyore
                            It's not the management fee I object to. This is a fixed amount that we pay every year and is clearly stated on the service charge demands. What I object to is the 15% admin fee they they add to every repair bill before they charge us. The figure for maintenance on the service charge demand is a lump...
                            23-08-2017, 13:11 PM
                          • Reply to Hidden Admin Fees
                            leaseholder64
                            Looking further through the UC document, apportioning the management fee by input costs appears to be acceptable to the state.

                            Looking at the actual legislation, the general maintenance element is covered not just for shared ownership cases, so I think that painting is in. Ground floor...
                            23-08-2017, 13:01 PM
                          • Reply to Hidden Admin Fees
                            37eeyore
                            Thanks for the in depth reply.
                            I don't see how it affects the 15% admin fee they add on to invoices as these are only for repairs to the communal areas of the building. Everything else is included in the maintenance charges which don't have 15% added because they are covered by the management...
                            23-08-2017, 12:52 PM
                          • Reply to Hidden Admin Fees
                            leaseholder64
                            http://webarchive.nationalarchives.g...s-guidance.pdf is or was the rules for paying service charges out of universal credit.

                            Allowable charges are:


                            In category A, the only allowable charges are:



                            It is therefore necessary to separate communal...
                            23-08-2017, 12:12 PM
                          • Reply to Hidden Admin Fees
                            andydd
                            Yes thats a standard catch all clause, mine has one too, but an FTT would look at it and only allow actual costs incurred to be recovered, they cant just make up an amount..it would allow a certain reasonable cost of management to be recovered, either self management or more likel;y the cost of employing...
                            23-08-2017, 11:46 AM
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