hours' prior notice. The RTM company did not provide sufficient contact details nor give out their registered address, meaning leaseholders were unable to access or inspect any of the relevant documentation. The First Tier Tribunal, upon reviewing the case, ruled that the RTM company had failed to uphold the requirements of the Section 20 consultation. This decision was upheld by the Upper Tribunal, and thus rendered the RTM company only able to recover a maximum of £250 per leaseholder. The FTT ruled against the RTM company on the basis that they had failed to provide clear contact details and offer a 'reasonable' time for estimates inspection. Initially, the FFT had stated the time and place the RTM made available for inspections was not “sufficiently adequate”. However, according to the Royal institute of Chartered Surveyors, it was deemed that “the question which should have been asked pursuant to the regulations was whether the time and place specified for inspection were reasonable” as opposed to “sufficiently adequate”. What is reasonable? This poses the somewhat abstract question as to what can be considered 'reasonable' in terms of the time and place that needs to be made available for tenants to access documents. Should inspections be offered within the standard 9am-5pm working hours? In the evenings? Mornings? Or should there be no restrictions imposed at all, instead allowing tenants to access documents at any time? Logically, a 'reasonable' course of action would be to avoid the mistakes of the RTM company, i.e. having no 48hour notice restriction prior to inspection, supplying clear contact details, and providing a clear address.
question of 'reasonableness' as “subjective”. She states that “reasonableness is also going to depend upon the documents which are to be inspected. If there are many documents, then it would not be reasonable to send copies to multiple leaseholders. If, however, there are only a few leaseholders who cannot come to the offices to inspect then it would probably be reasonable to send copies to them or offer to provide copies for a small cost.” In short, a 'reasonable' time and place to access documentation must be determined by a variety of factors; for example, the most accommodating time slot available; the address given to the tenants; the documents to be inspected; and, the availability of the tenants themselves. To reiterate the point made by Collins, this decision is entirely subjective. And, whilst 'reasonableness' is difficult to address under one piece of legislation; it remains to be said that any actions deemed as 'unreasonable' will be legally addressed. The critical factor is always to eliminate any prejudice to the leaseholder, so any action taken should always be taken with this in mind, and, as shown by the Ashleigh Court v De-Nuccio & Ors case, Section 20 consultation procedures should be taken very seriously – to a reasonable standard, of course. Residentsline's sole focus has always been insurance for flats. Today, 22 years on, Residentsline has grown to be recognised as understanding the intricacies, risks and requirements that are unique to the flats market. Visit www.residentsline.co.uk or call 0800 281 235.
Imposing a 'reasonable' time and place for document access is where it gets slightly trickier. Realistically, there is no specific answer. It is impossible for one piece of legislation to dictate a specific time and place for every block of flats undergoing major works – this must be the responsibility of the landlord or managing company. And whilst having 48 hours' notice prior to inspection is an unnecessary requirement, it remains to be said that there is no set algorithm to which RTM companies or landlords can refer when deciding what availability is 'reasonable'. Realistically, a retirement block of flats and a block with mostly working families will have different interpretations of what constitutes a 'reasonable' time and place to access relevant documentation. Likewise, it is difficult to determine the most 'reasonable' availability for tenants who are away from the property for lengthy periods of time for travel or work. Charlotte Collins, a solicitor from Realty Law describes the
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