There are far too few fire safety inspectors planned under proposals set out in the Fire Safety Bill and too little funding being put forward by the Government. This is the view of the Fire Brigades Union, which has slammed the government for what it says is a “gross underestimate” of the resources that are needed to tackle building safety in England. The Union estimates that three years after the Grenfell Tower fire, more than 50,000 homeowners are still living in unsafe blocks and the new legislation, now going through parliament, will do little to help.
The Fire Safety Bill announced in March, gives additional responsibilities to the fire service to inspect and enforce fire safety in the common parts of residential blocks. This includes the building structure and external walls, stairwells, and doors between individual flats. The government’s maximum estimated spend to cover the cost of these inspections is £2.1m. But the FBU told Landlord Today that this would pay for just 35 inspectors – less than one per brigade in England.
Clearly, these numbers are woefully inadequate. However, as Ringley Group MD Mary-Anne Bowring points out, the Hackitt Review did suggest that the Joint Competent Authority to be set up to oversee safety in new and existing buildings over 10 stories should be self-funding; no government money would be required. However, the more likely scenario is a little different.
What we fear is that ultimately, as with the EWS1 form compliance and fire risk assessment and remediation works on blocks below 18 metres, as well as the compartmentation testing that is now becoming standard – the cost will be an additional burden on leaseholders, who will yet again be left to foot the bill.
Our clients and RMC directors may be wondering what they should do about people visiting their sites while we are all coping with the impact of COVID-19. So here‘s our latest update on working with on-site staff and contractors.
The current advice from the HSE is that: “All drivers attending site must have access to welfare facilities in the premises they visit as part of their work. Preventing access is against the law and, equally, it is not the sensible thing to do. Failure to allow access to welfare facilities may increase the risk of the COVID-19 infection spreading.”
It is not clear whether contractors are classed in the same category as drivers – however, we are beginning to receive requests for confirmation from maintenance engineers that there are hand washing facilities on site. Where there are not, landlords should think about either nominating a home where contractors can wash up – and putting a notice up in the hallway to say so, or purchasing and installing something like this
Site Staff will remain on site until the Government declares lockdown – at which point a further review will be carried out. Employers have a duty under health and safety legislation to take steps to ensure the health, safety, and welfare of all their employees, so far as reasonably practicable, including those who are particularly at risk for any reason. Employees also have a duty to take reasonable care of their own health and safety and that of people they work with. So we have sent out specific advice to site staff.
Should your site staff get sick, then by virtue of The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020, which came into force on 13 March 2020 ( for a period of 8 months) anyone who self-isolates to prevent infection or contamination with coronavirus and is unable to work will be entitled to Statutory Sick Pay. A medical certificate is no longer required and SSP now starts from day one, rather than day four.
Should the Government prevent staff from working on-site, this would be treated as a period of lay-off during which your employee would be entitled to a statutory guaranteed payment of £25 a day (pro-rata for part-time workers). Unless the Government changes the law, your employees can claim a redundancy payment if the lay-off or short-time working runs for either 4+ weeks in a row, or 6+ weeks in a 13 week period. This does not get paid if staff return to normal working hours within 4 months. Click here for more on this.
Depending on other measures likely to be introduced, it may be kinder to ascertain the person’s rent or mortgage payments and pay them rent and a food allowance as a gesture for their service to the site. If you need help or advice on this, emergency HR planning and payment enquiries are being dealt with by Leana email@example.com
In the meantime, all routine servicing schedules are continuing, as is our 24/7 emergency response.
Bad practice in the leasehold market is old news for anyone living or working in the sector. So today’s announcement that the findings of the Competition and Markets Authority (CMA) probe into the industry will lead to “enforcement action” is cause for optimism.
In case you missed the launch of the CMA investigation into leasehold
mis-selling in June last year, here’s what the authority has been looking into:
Ground rents: homeowners having to pay escalating ground rents, which in some cases can double every 10 years. This increase is often built into contracts, meaning people can often struggle to sell their homes and find themselves trapped.
Cost of the freehold: the CMA has seen evidence that people have been misled about the cost of converting their leasehold to freehold ownership.
Misleading information: not being told upfront that a property is leasehold and what that means. By the time people find out the realities of owning a leasehold home, including the regular charges to be paid, they are often unable to pull out of the purchase, or would face significant difficulties if they tried to do so.
Unreasonable fees: being charged excessive and disproportionate fees for maintenance of shared spaces or making home improvements. Challenging such charges is often difficult and costly.
Having asked a wide range of industry stakeholders for information, the CMA found “worrying evidence” that leaseholders are being “misled and taken advantage of”.
So the CMA is taking action. It will launch direct enforcement proceedings against companies that flout consumer protection law. This could mean firms signing legal commitments to change how they do business and facing legal action if they don’t.
Long term, even better news is that the CMA supports the case for changes to the law that frames leasehold. Of course, legal reform takes time – too long to help people who are already trapped in homes they can’t afford or sell due to ongoing issues around ground rent, or facing huge charges to buy their freehold.
In the meantime, the CMA is developing consumer advice for existing and potential leaseholders. This will offer tips on what they can do when faced with permission fees and service charges they consider unjustified. Leasehold is complex and involves charges that buyers don’t always understand or even know about – and which are too often quickly passed over by developers and agents keen to make a sale. This has to stop. Let’s hope the CMA’s action helps.
The Government has announced a new, independent Ombudsman for homebuyers faced with shoddy building work in their new homes. Housing Secretary Robert Jenrick confirmed yesterday that the New Homes Ombudsman will be independent and enforced in law as soon as possible to protect homebuyers from rogue developers. Under the new rules, builders will have to pay compensation for poor workmanship. All housebuilders will have to join the Ombudsman and must put quality first if they want to sell homes under the Help to Buy scheme.
The Ombudsman will step in to help homebuyers with issues from sloppy brickwork to faulty wiring. It will have statutory powers to award compensation, ban rogue developers from building, and order developers to fix poor building work.
Where people are in dispute with developers, the new Ombudsman will act swiftly and independently to resolve any issues – ending the nightmare of people facing long waits and costly court cases trying to sort out problems with their new homes.
At the moment,
anyone buying a new build home has no independent way of challenging
developers’ service or poor workmanship. They only have their NHBC certificate
to fall back on and this doesn’t always produce the right result.
The aim is for the New Homes Ombudsman to have the ability to act fast, so that new build issues are dealt with swiftly and effectively. It will be able to:
make awards for compensation to homebuyers
request developers undertake or refrain from undertaking work
direct developers to improve their service
publish details and reasons for expulsion of a developer
make recommendations to resolve disputes and timescales for rectifying disputes
request apologies and explanations from developers.
Today’s news is very welcome. Having access to proper redress should give homebuyers more confidence that their home is built to the quality they expect. Too many new builds throw up problems once owners have moved in and getting things put right can be a long and stressful process. Now, a clear complaints process that can be used when things go wrong, including alternative dispute resolution, should speed things up and keep homeowners out of court. The service will also be free to use – and that’s always good news!
New housing minister Christopher Pincher tweeted last Thursday, as his appointment was announced, that he was “delighted” to be taking up his new position in government. He was immediately inundated with messages from flat owners and campaign groups struggling to deal with unresolved cladding issues.
A blog post from the new minister in 2017 in response to the Grenfell tower tragedy seems to suggest that he is well versed in the issues surrounding dangerous cladding. However, as Ringley Group MD Mary-Anne Bowring explains, now it’s not just cladding that is in the spotlight. “We find out three years on from Grenfell that the External Wall System (EWS1) form requires us to understand the full system of the cladding, i.e. the cladding, the brackets, the fixing, the insulation behind the walls, etc,” she says.
Piling on more pain, yesterday the press reported on the fact that lenders are now refusing mortgages on flats in blocks below 18 metres. Last month Housing Secretary Robert Jenrick announced fire safety changes, including a consolidation of the fire safety advice into one advice note which states “building owners need to assess and manage the risk of external fire spread… [in] buildings of any height”.
Speaking in Parliament, he emphasised the fact that “there hadn’t been enough focus amongst building owners on buildings below 18 metres” and that “more action is needed to review these risks”. Lenders have picked up on this statement fast and flat owners are now feeling the effect.
It’s no surprise that lenders are protecting their own interests. After all, they are being asked to lend money against potentially dangerous homes that may not be fit for purpose. However, that is no comfort to the many flat owners around the country who can’t move, or to those who cannot afford a house and for whom buying a flat is the only option.
Our message to Christopher Pincher is to step up to the plate and tackle the problem head-on. More money must be found by the government to get blocks moving on rapid remediation. There are more than 4 million households living in flats around the country. If transactions continue to be log-jammed by issues around cladding, it won’t take long before the impact ripples out across the wider housing market, creating a whole new crisis to be dealt with.
The fall-out from Grenfell is now affecting buildings without combustible cladding. Despite Ringley and many other managing agents rushing to get cladding removed and buildings tested for free when the BRE were offering this service, blocks without combustible cladding are now also being impacted by lenders’ in fear of building failure. As the BBC reported on Saturday, many flat owners in blocks around the country are finding themselves rendered powerless to get a mortgage as a result of the use of the EWS1 form.
The form is the outcome of new mortgage lender regulations post-Grenfell. The EWS1 form requires a “qualified professional” to carry out a fire-risk assessment and to either confirm there are no combustible materials present at the building or to recommend remedial works. This requirement is thwarting sales of properties in buildings over 6 stories, if a signed form cannot be provided. Remortgages are being denied. And, more cruelly still, lenders are increasing borrowers’ mortgage interest rates until an EWS1 is provided.
The major challenge for any engineer or property professional is that, as we all know, more often than you would expect what is specified and what is actually used in the construction of a building, may be quite different. Not only are there lookalike materials and copycat imports out there but to the unwitting novice, or the person who puts profit over safety, there are materials from the same manufacturer that essentially look the same but have different fire class ratings and will perform differently in a fire.
What has changed most since Grenfell is that the focus is now on the ‘total building system’ not just the cladding. Yes, the cladding is still important, but no professional will sign an EWS1 form without knowing the combustibility of the insulation behind the cladding or even the combustibility of the glue and/or fixing compounds.
this means is that we are now into a whole new testing regime. While the
Hackett Review was limited to HRRBs (high rise residential buildings) many
recommendations were framed as advisable for all buildings. And this is
what, in part, the mortgage lending industry has done with the EWS1 form.
Developers are shying away from signing these forms, which is a shame as they ought to know or take responsibility for what they have built – although, arguably, perhaps the certification is safer if compiled independently of them. Freeholders are leaving it up to Resident Management Companies to arrange tests. And product-testing houses have waiting lists and long delays to get samples taken and tested.
In the meantime the innocent leaseholder suffers twice. First, flat owners are being hit by higher interest rates from their lender and second, they are now faced with increased service charge costs as the testing and a new fire risk assessment rarely leaves change from say £5,000. At the very least the government could outlaw the first of these pain points. And when it comes to the second, we strongly believe the cost of investigating building construction and determining how dangerous it is, should fall to the freeholder.
As is the norm, coping with the emotion, urgency and desperation now being experienced by leaseholders falls to the managing agent, as we try to coordinate testing and help innocent homeowners make sense of it all.
It may be the start of a new year, but the same old arguments are
being fought over building safety – and who should foot the bill.
Last week Wandsworth Council’s bid to force leaseholders in high rise blocks to pay for retrofitting sprinklers was rejected by a tribunal. If the ruling had gone Wandsworth’s way, the council could have entered flats regardless of leaseholders’ wishes and allowed the local authority to recoup some of the costs via the service charge. Inside Housing estimates the cost to residents at £3,000 – £4,000 over four years.
Similarly, London housing association Network Homes has warned their
4,000 leaseholders face having to pay a share of £200M of improvement works to
bring their homes up to a safe standard, unless the government brings forward
funding to meet the costs. The HA has already spent around £2M in
investigations and interim measures to keep residents safe but told The
Times yesterday that it can’t take “blanket responsibility” for costs that
are legally payable by the leaseholders.
An article published in December by the Institute of Residential Property Management (IRPM) points to the possibility, for residents in new build blocks, of claiming for remedial works via the Building Warranty, which commonly runs for 10 years after completion. However, those living in older blocks don’t have that option to fall back on and may find themselves obliged to stump up the money for improvement works, whether they can afford it or not if the building owner either cannot be identified or made to pay. In fact, even for newer blocks the warranty is often subject to an excess of £850 – £1000 per unit, which means tens of thousands of pounds would fall to the owner under this route anyway.
situation is untenable. The complexities of leasehold mean that it is often
difficult to lay the responsibility for upgrading buildings at the original
owner’s door. While the government is keen to demonstrate its commitment to
‘left behind’ communities in deprived areas of the country, it would do well to
consider the 5M plus households living in leasehold homes who constitute a
community in their own right. They do not deserve to be ignored.
Everyone faces a problem in their flat from time to time. Generally, these issues are minor and easily dealt with. But what about emergencies like water pouring through the ceiling from the flat upstairs, the central heating breaking down in the middle of winter, or a sudden infestation of flies or mice? Would your residents know what to do?
To make sure building managers can give leaseholders all the information they need – and hopefully avoid having to get out of bed at 2.00am to find a stopcock – Ringley has produced an easy-to-read guide that can be downloaded here. It’s designed to give you peace of mind that you have all the bases covered – and so do your residents.
Our Emergency Booklet is really comprehensive. It tackles everything from gas and roof leaks to finding someone sleeping the hallway. It explains clearly which emergencies can be dealt with by Ringley and which issues must be dealt with by residents themselves. It details when to call Ringley’s 24-hour emergency line (and includes the telephone number) and explains when to call the plumber, the local authority or the police instead. Gas and electricity problems – probably the most common issues we deal with – are discussed in detail and contact numbers provided.
Individual situations are clearly explained and the booklet lists what is and what isn’t an emergency. A blown light bulb is rarely life-threatening. It is important that residents realise this and don’t waste time and money on problems that can easily wait a few hours.
Our booklet also sets out clearly another important point that is often misunderstood. The service charges that residents pay are not for spending on work inside theirs or other people’s properties. Leases require the owner to maintain and repair what’s inside their property. That includes contents, carpets, fixtures and fittings, pipes and wires. These cannot be repaired/replaced/maintained using service charges.
We recommend that you download the booklet today and make sure all your residents have a copy. It could save a lot of time, reduce costly call-outs – and give managers fewer sleepless nights!
Welcome back to the Ringley Blog after what, we hope, was a happy and relaxing Christmas break. We now have a new year and a new decade to look forward to and we will continue to share thought leadership and new developments at Ringley with you in the months ahead.
First, we’d like to blow our own trumpet and let you know about a few changes we’ve made in response to our customers’ requests.
Top of our customers’ wish list in 2019 was the ability to e-sign on budgets and cover letters so that you can incorporate things you might want to add. This is now standard practice and your feedback shows it’s proving popular. You’re now telling us that this is leading to more interaction around budgets as directors nudge each other to sign them off. In fact, every customer budget that was e-signed in time has now gone out
You also told us that to make direct debits easier to understand, customers want to see the ACTUAL CALCULATION that we use to decide what needs to be collected in charges each month. So we created a secure page and put customers in control by opening this all up for you to see.
We’ve also been working with clients on a number of sites to help stop AirBNB style lettings. So if you are troubled by problem short-term lettings on your estate, simply email firstname.lastname@example.org and we will do our best to help.
While our job is to manage your buildings, what really matters most is the people who live in them. We realise that for many of our customers we are almost the fourth emergency service. Our role often includes signposting on issues that may be outside our control, but we can often direct you to the right person to solve the problem. So in one of our internal workshops our people supported re-orienting what we call ourselves to “Relationship Managers” and “Relationship Assistants”. We hope this will really help underline that all our staff at Ringley are always here to help you in any way we can.
Here’s some more good news to start the year. We are delighted to report that in 2019 we achieved a new record low in service charge arrears. This means we have plenty of funds to pay contractors, ensuring they are happy to attend to your next emergency.
And finally, on the subject of emergencies, in tomorrow’s blog we will be sharing a new booklet with you that we’ve just produced for residents. This means that should the worst happen, they will always know exactly what to do and who to contact across a whole range of nasty situations from water leaks to mice!
Last week, the Government set out plans to cut the carbon footprint of new homes. As Extinction Rebellion take to the streets, disrupting cities around the country to draw attention to climate change, this seems a timely move.
Housing secretary Robert Jenrick has revealed plans to change the building regulations and develop a ‘Future Homes Standard’. This could ban gas boilers and oil heating from all homes built after 2025, replacing them with cleaner technology such as air source heat pumps and solar panels. Local authorities are also being asked to play their part in demanding better energy standards from developers.
To get a wide range of views on these proposals, a consultation has been published looking at ways to drive down the carbon footprint of houses, including changes to ventilation and energy efficiency requirements. If you would like to put your views forward, you can download the consultation paper, which will run until January 2020, here.
Ahead of an Accelerated Planning Green Paper, to be published in November, Robert Jenrick also confirmed his aim to speed up the planning system. Proposals include:
fees to be refunded by councils if planning
departments take too long to pass applications;
simplified planning guidance; and
a review of application fees to ensure that
planning departments are properly resourced.
There are also moves to reduce the raft of planning conditions by a third
and to promote the idea of building homes above existing buildings as well as demolishing
old commercial buildings for new housing.
And that’s not all. Design is also
in the spotlight. New research from FJP Investment has
revealed that homebuyers are less-than-impressed by new-builds. The independent
survey of 1,000 homebuyers and property investors found that 50% of us feel UK
new-builds are unattractive – and 63%
think they are “devoid of character”.
Plans for a new national design guide that aims to ensure delivery of “beautifully designed homes” could help. The new 64-page guide will identify ways to achieve good design, and will set out what developers need to do to get that all-important buy-in from local communities. There are also calls on for local authorities to develop their own design codes in line with their region’s character.
This all sounds like good news. Identikit boxes that attempt a vague nod at the local vernacular are all too common around the country. No wonder potential buyers aren’t impressed. Developers must work harder to build affordable, energy-efficient homes with genuine kerb appeal. If the new ‘green standard’ and (hopefully) streamlined planning rules go some way to achieving this then they must surely be a step in the right direction.