Persistent Complainers Workshop

Deacon, part of Gallagher,
operates from the third floor
of the group’s offices in
Bournemouth.

Aileen Devanny
Housing & Property Chamber

Persistent Complainers
Jim Bauld
TC Young

History
• Not a new phenomenon
• 1845… Querulous Paranoia
• Recognised psychiatric condition

• Who is the typical “persistent complainer”?

Who?
• Mainly male
• Age range 30-60
• Well educated
• Socially isolated
• Not working at their intended profession

• What methods does the persistent complainer use to
complain?

How?
• Three or more communication methods
• Letters unintelligible in parts
• Three or more ways of emphasis in correspondence
• Turn up without appointments

How (2)?
• Pursue complaints for years
• Make emotive statements
• Seek retribution
• Make threats

• Why do they do it and what are they trying to achieve?

Why?
• They seek “justice”
• Want “vindication”
• These desires generally do not match what can be
obtained through normal mechanisms for
reparation/compensation

Why (2)?
• The live in a world of “certainty”
• Opposition/argument is just malevolence
• Lay waste to their life and plague helpers

Identifying?
• Intuition?
• Wording of letter
• Tone of phone call

Complaints Policy
• Need to have one
• Should be simple and clear
• Minimise number of steps
• “Unacceptable actions”
• Stick to your rules/policy
• Use it to “contain” the persistent complainer
• Protect staff

Responses
• Recognise them
• Deal effectively/efficiently with them
• Stick to your policy
• Get them to external agencies
• Let courts/FTT/Ombudsmen deal with them

CAUTION!!
• Not all complainers are of this type
• Complaints can be educational
• Can expose flaws in your systems

TC YOUNG SOLICITORS
Jim Bauld
jdb@tcyoung.co.uk
0141 221 5562
www.tcyoung.co.uk
Read our blog: www.tcyoung.co.uk/blog
Follow us on Twitter: @TCYoungLLP

Charging Solutions for Flats
Emily Stone - Energy Saving Trust & David Pickles - Jorro

Emily Stone
Assistant Programme Manager, ChargePlace Scotland
Energy Saving Trust

Energy Saving Trust
• Objective to help people and organisations
save energy and money
• UK-wide Social Enterprise with a Charitable
Foundation
• Over 240 staff across UK
• Transport team: various programmes of
financial and consultancy-based support for
businesses and consumers
• A delivery partner for Transport Scotland

EV ownership is on the rise
• Full-electric vehicles now have a 3.4%market share (SMMT)
• 230% on last year
• EV sales tripled this summer
• Over 40 pure electric car models available
à Greater awareness about environmental issues
à Increased electric vehicle performance, tech advancement
à Lower price; fuel cost savings

Policy support for electrification

EV Charging Basics
40
40kWh 64kWh 100kWh
• Bigger battery = longer to fill
• Slow = sensible. Car parked most of time
• Range of technologies available

Charging Patterns
41
Over 90% of EV drivers charge at home
But 37% of Scottish households are flats…
Glasgow = 71% flats
Edinburgh = 67% flats
Will the Private Sector have a role to play
here?
Customers will pay a premium compared to
what they could access at home
Public charging network
EV use facilitated in high-concentration
charger areas
£12£20£30

Possible solution – Individual chargers
42
• Individual chargers
• Good if: your building has allocated parking
spaces
• What it involves: Flat owners/occupiers
install own EV chargers in parking spaces;
pre-wiring on a building level possible
• Options for load-balancing smart systems
• Support available? Yes, domestic grant
from OLEV and EST - £500 + £300
respectively

Possible solution – shared chargers
• Good if: your building has shared parking
• What it involves: Installing a fast charger for occasional use
by residents. Residents can be billed for electricity used with
their ChargePlace Scotland (or other operating system) access
card
• Support available: OLEV £500/socket; match funding from
EST
• Cost? Depends what you go for! £2000 - £42,000 (But most
smart, fast chargers around £8,000 + maintenance contract)

Possible solution: On-Street Residential Charge Points
• Good if: your building only has on-street parking
• What it involves: Persuading council to install
chargers!
• Support available: Support directly to local
authority.
• Local authority can apply for up to 75% the cost
of a charge point, up to £7,500 each
• Can be simple, slow lamp post chargers

A very brief summary of the funding available
Funding available From who £ For who
EV Homecharge Scheme
grant
OLEV (Office for Low Emission
Vehicles)
£500 individual flat owners/residents https://www.gov.uk/government/collections/
government-grants-for-low-emission-
vehicles
Domestic grant Energy Saving Trust £300 individual flat owners/residents https://www.energysavingtrust.org.uk/scotla
nd/grants-loans/domestic-charge-point-
funding
Workplace grant from OLEV
up to £500 per socket
OLEV (Office for Low Emission
Vehicles)
£500 Any workplace e.g. factor office https://www.gov.uk/government/publications
/workplace-charging-scheme-guidance-for-
applicants-installers-and-manufacturers
ChargePlace Scotland Non-
Public Workplace fund
Energy Saving Trust Remaining 50%
match funded
after OLEV
grant
Any workplace e.g. factor office https://www.energysavingtrust.org.uk/scotla
nd/grants-loans/business-charge-point-
funding
ChargePlace Scotland Public
Charge Point Fund
Energy Saving Trust Up to £18-£21k
per applicant -
See website!
A business intending to provide a
charge point for public use
https://www.energysavingtrust.org.uk/scotla
nd/grants-loans/business-charge-point-
funding
On Street Residential Charge
Point Scheme
OLEV Up to £7.5k or
75%
Councils providing for residents https://www.gov.uk/government/publications
/grants-for-local-authorities-to-provide-
residential-on-street-chargepoints
Plugged in Households Energy Saving Trust Not currently
open
Housing associations who would
like to operate car clubs

Dominic and David discussed the
future of vehicles and renewable
energy
Born
2014
Jorro Ltd formed to access the EV
market through installation of
charge points
Formed
2015
Installing over 1,000 charge points
in the first 2 years
Installing
2016
My Background
THE STORY SO FAR…
We now offer Solar PV & Storage
alongside our charging options
Expand
2018
Partnership with charging
manufactures for Scottish
installations
Diversify
2017
Securing partnerships with car
retailers, developers, fleet
managers and B2B projects
Develop
2019

Domestic
PV
Commercial
PV
Domestic
Storage
Commercial
B2B
Domestic
EV
Commercial
EV
what we do
IMPROVING ENERGY EFFICIENCY AT HOME, WORK & ON THE ROAD

how far and how much
HOW FAST, WHAT KIND, HOW MUCH, HOW SMART
• Average EV travels 4 miles per kWh
• Average cost of electricity is 14p
• 1000 miles = £35
• 50mpg diesel:
• £1,171.98 per 10,000 miles*
• Average EV:
• £350 per 10,000 miles
• Costs can be reduced further with
Solar PV or Smart Energy Tariffs
*Based on £1.28.9 per litre

Company Car & Fleets
LOW COST TRAVEL FRO EMPLOYEE AND BUSINESS
• BiK is reduced to 0% in April 2020
• For 40% tax payer over 3 years:
• BMW 320d MSport:
• £13,420
• Tesla Model 3:
• £1,640

charging basics
10amp/2kW - 6 miles of range per hour of charge.
16amp/3.7kW - 15 miles of range per hour of charge.
125amp/50kW - 100 miles of range per 30min of charge.
100-350kW - 100 miles of range in 8 min
Slow
Standard
Fast
SuperFast
Rapid
Home
Work
Public
UltraRapid

charging basics
Wall Post Pedestal

Home charging for most drivers means
a dedicated Fast EV Charge Point
Eligible for up to £500 of grant funding
from OLEV (£800 in Scotland) for
drivers with off-street parking
Aim of grant is to ensure drivers are
charging safely at home
Grant reduces the cost of a fast charge
point to the same cost of installing an
outside socket
CHARGING AT HOME

Really Rapid Charging
Public charging, private commercial & public transport
20min charging = 250 miles range

EV Car Park charging
What happens when you have a large number of EVs wanting to charge

House, Local, Grid Level control
Managing Electricity loads effectively
• Traditionally the number of charge points and speed of charging is limited by the
amount of electricity available
• Load balancing allows us to maximise number of charge points for drivers, while
keeping electricity loads safe and reliable
6 x 22kw
Charge Points:
66kw

https://www.cala.co.uk/homes-for-sale/east-of-scotland/the-crescent-at-donaldsons

• 44 Pre-wired Charge Points
• Load balancing to limit power use
• Customers own charge point
• Factors manage the network
• Jorro provides install &
maintenance

New Charge Points offer developers
and factors a solution where the
power plates can bet installed ready
for activation when a customer needs
a charge point
This keeps cost reduced for the
developer and reduces cost for the
driver
Each system has a power plate design
and separate data hubs that will be
connected at the point of installation
Qualifies for OLEV & EST if dedicated
space available
Developer options
Best of both worlds
+

Learning from others
Technology for EV Charging from Norway
• In Norway over 50% of all new car sales
are EV
• Charge Points at locations with shared
power is very common
• New Technology allows for fast efficient
charging for the Host, Installer and Driver
with simple power and billing
• Allows for over 60% reduction in
installation costs
• Up to 50% less cabling
• Very quick to activate after pre-wiring is
in Place
https://vimeo.com/337957833

Charge Point is connected to electricity
supply and driver connects via rFID card or
app
Hosts can choose their own charge rates to
accommodate overheads and cost of
electricity
Drivers have individual accounts, payment
taken from their card. Host receives regular
payments and full electricity usage on portal
and/or automated reports
*not all brands/models qualify for OLEV
GRANTS
SMART CHARGING

Payment process
Survey & proposal
DRIVER USES APP
WITH THEIR
PAYMENT DETAILS
PRICED PER KWH
BACK OFFICE
PROCESSES
PAYMENT FROM
WORLD-PAY
LANDLORD GETS
PAYMENT FOR
ELECTRICITY
+
OPERATOR GETS ANY
ADDITIONAL MARGIN
FOR COSTS
DRIVER SEES
STATEMENT ON
APP
+
OPERATOR HAS
WEEKLY/MONTH
LY USAGE
REPORTS

Managing Billing per Driver
Options for billing for electricity use
• Most Smart Charge Points offer billing
options
• Hardware (Charge Point) + Software (Back
Office)
• Can be provided by one company or similar
to mobile phone contracts where you choose
a ‘Network Operator’
• Choose to bill drivers by time or consumption
• MiD meters required to legally charge per
kWh and can be installed with any charge
point

Planning regulations for new developments
New dwellings both private, local authority and commercial units
• In the last 4 months we’ve been approached to provide charging solutions
and prices on behalf of:
• Hotel in the North East only granted permission if they install one Rapid
or 6 dual AC charge points
• Hospital new car park only approved with a dual charger installed
• New housing developments have to provide 1 in 6 active charge points
• Social/Shared housing must have one charger outlet per dwelling in
some authorities
• Recent re-wording has changed from ‘provision for EV Charging’ to:
• One active ready to use electric vehicle charging point (7kW with a Type 2 connector) shall be provided per 6
residential units and connected to the domestic electricity supply via a dedicated circuit. Dedicated charging
bays shall be physically identified for use by electric vehicles and should be counted as part of the overall car
parking provision and not in addition to it.

Planning ahead
Advice, planning and guidance
• David Pickles
• dave@jorro.co.uk
• 0141 471 5554
• 07894 279933

Thank you!
emily.stone@est.org.uk

Workshop
The New Syllabus for the Institute of
Residential Property Management

IRPM CEO
Andrew Bulmer
BSc FIRPM FRICS
www.irpm.org.uk

Institute of Residential Property Management (IRPM)est. 2002
IRPM’s mission…
• to raise standards in the management of residential property
• provide individuals with independent professional accreditation
IRPM is not a trade body and does not lobby, but is an authoritative and
trusted voice with Government and stakeholders as an unbiased speaker of
truth to power.

Institute of Residential Property Management (IRPM)est. 2002
• Not-for-profit professional body; c.4,300 5,000 members
• Individual property management professionals, not firms
• Leading provider of learning, apprenticeships and qualifications in the
residential factoring, leasehold and build-to-rent sectors
• Introduced the first (and only) “Build-to-Rent” qualification, at the
request of Government

Direction of travel 1
Regulation and qualifications

• Telephone
• Macadamised roads
• Television
• Insulin and the hypodermic
• Penicillin
• Pneumatic tyre
• General anaesthetic
Wikipedia

When the UK woke up…
• Dame Judith Hackitt – Review of Building Regs & Fire Safety
• Grenfell Public Enquiry
• Prohibiting new build leasehold houses (exceptions…)
• Restricting ground rents in new houses and flats
• Closing loopholes for leaseholders and freeholders; those
RTEs, consents, hidden commissions
• Reinvigorating commonhold
• 13th Law Commission – watch this space
• Mandatory regulation of property managers, note – for both
the corporate entities and individuals
• Nationally recognised qualification for property managers,
with CPD

Dame Judith Hackitt’s Review of Building Regulations
and Fire Safety
- the Regulator
- the Accountable Person – an individual (exc CHold)
- the Building Safety Manager
- the qualification
- the Safety Case
- the ‘issue’ – RMCs/Commonhold – who is the AP?
- The Residents’ Voice
- DJH wants culture change - nothing less

Lord Best’s RoPA Working Group
Regulation of Property Agents
- for sales, lettings and block
- a state regulator, regulating culture
- new code(s) of practice
- Designated Professional Bodies – how does that work?
- licencing and mandatory qualifications
- leasehold matters
- timings…

Lord Best’s RoPA Working Group
Regulation of Property Agents
“Throughout this report we note the importance of
effecting cultural as well as technical change. We
recommend that the syllabus should not focus too
narrowly on technical skill – safety, consumer
relations and ethical behaviour are also essential
components which should be reflected in
qualifications..”

Direction of travel 2
Professionalism and the flight to quality

IRPM redefining professionalism
The “IRPM Four Elements”
• Technical competence
• Safety
• Customer and consumer
• Ethics and behaviours
Across all sectors and all regions
The IRPM professional

IRPM – Factoring qualification
IRPM Scotland Working Group
• Advise on market need
• Approve syllabus
• Approve content
• Approve assessment process
Prof Douglas Robertson
Prof of Housing, Uni of Stirling

• The Diploma qualification will be available through on-line delivery hosted by
IRPM
• One-year; seven separate modules set at SCQF level 8
• Each module involves six distinct lesson blocks, with on-going assessment
elements built in as the student progresses through the module to help
reinforce their learning
• Reflective practice, which places importance on ethical and professionals
working, is threaded through all modules

PDPF1: Factoring, an introductory ‘spine’
PDPF2: Property factoring within its historic and legislative context
PDPF3: Application of property law in factoring practice
PDPF4: Managing factored property
PDPF5: Building technology
PDPF6: Health and safety and fire safety
PDPF7: Finance and its Management

IRPM – Factoring qualification – where are we up to?
Had hoped to start enrolment mid 2019…
Module 1 - Reviewed by the WG, amended and proof read. Sent to the WG for the final sign-off.
Comments to be reviewed by the author and content amended accordingly.
Module 2 - Issued to the WG for review and comments. Comments to be reviewed by the author and
content amended accordingly.
Module 3 - Issued to the WG for review and comments. Comments to be reviewed by the author and
content amended accordingly.

IRPM – Factoring qualification – How would you do?
The term “Factor” actually ties back to an older term, “??????????”,
who was the landlord’s agent and took responsibility for allocating
and managing the lands that comprised the landowner’s estate.
Q. What was the earlier name for a Factor?

The term “Factor” actually ties back to an older term, “tacksman”,
who was the landlord’s agent and took responsibility for allocating
and managing the lands that comprised the landowner’s estate.

In recent years a significant number of large newbuild housing
developments have consisted either of a housing estate comprising a
large number of single family units, or a mix of detached and semi-
detached housing and apartment blocks. In order to better manage
such developments a system of rules was introduced by the
??????????????????? Act ???? whereby developers could define
subsequent owner responsibilities.
Q. Which Act?

In recent years a significant number of large newbuild housing
developments have consisted either of a housing estate comprising a
large number of single family units, or a mix of detached and semi-
detached housing and apartment blocks. In order to better manage
such developments a system of rules was introduced by the Title
Conditions (Scotland) Act 2003 whereby developers could define
subsequent owner responsibilities.

Self-factoring is a form of Property Factoring that involves the co-
proprietors organising the maintenance and repairs works on their
tenement.
Q. Are self-factors required to register under the Property Factors
(Scotland) Act 2011?

Self-factoring is a form of Property Factoring that involves the co-
proprietors organising the maintenance and repairs works on their
tenement. Self-factors are not required to register under the Property
Factors (Scotland) Act 2011, as long as they do not charge owners for
their time, so cannot be defined as a commercial entity. (Also known
as Voluntary Scheme)

IRPM redefining professionalism
Q. Name the “IRPM Four Elements”

Andrew Bulmer
CEO
Institute of Residential Property Management

What are owners saying
about you?

0 2,000 4,000 6,000 8,000 10,000
Self Factoring
Owners Associations
Making Decisions
Keeping common areas clean and tidy
Common Repairs
About us
How the Council Enforces Repairs
Common building insurance
Enforcing repairs
Paying for repairs
Property Factors Managers
Changing your Title Deeds
Enforcing repairs yourself
Under One Roof Page Views
Sep 16 - Sep 19
page views

SPWG Survey – Analysis of 80 “stories”
0 5 10 15 20 25 30 35 40 45 50
Title deed changes would help
Requiring owners to provide contact details
Compulsory Sinking Funds
Arbitration would help
Abolishing Rateable Values
Whole repair process just too complicated
Other issues/ideas
More prof tech input
Compulsory Property Inspections
Compulsory Owners Associations
Better condition information before buying
Factors blamed
Co-owners won't co-operate
All Story Topics

SPWG Survey – Factoring Story Analysis
0 2 4 6 8 10 12 14 16
Better with factor
Overly expensive repair (collusion)
Insists on 100% advance payment
Refused to do work
General lack of trust
Argument over repair repsonsibility
Poor specification
Slow
Caused neglect
Poor control of work
Not dealing reluctant co-owners
Useless
Factor related stories

SPWG Factoring Stories Grouped
1 3 5 7 9 11 13 15 17 19
Perception
Performance
Policy
Factoring Stories Grouped

Anecdotes: Powers?
• “The factors feel like they are a
dog with no teeth.
• They don’t have any powers they
can bear in terms of bringing
some kind of pressure to say “you
need to pay this money”.

Insurance issues (email / social media)
• Commission is unearned profit
• Same building, same street, different rebuilding
value, different insurance premiums

Anecdotes: Wrong’uns
• Repeat offenders who don’t get struck off
• Factor charged owners for communal lighting but
Scottish Power demanded owners pay individually
after 7 years non payment
• Factor transferred scheme with mainly older residents
to another factor without consulting owners.
• (none of the above are PMAS members)

So what’s going on for
owners?

The “Black Box” effect
• When owners don’t hear what is going on, they
assume nothing is going on

Not dealing adequately with the biggest
problems for owners
• Owners who won’t co-operate
• Doing the right repair job right first time
• Helping owners find the money
•These are also the reasons why people
choose to use factors

Performance
• “Stitch in time saves nine” – prevent the need for repair
• Gutter cleaning programmes
• Property inspection deals
• Maintenance plans
• Better analysis of repair problem – don’t just send a builder to
do the cheapest possible job
• Have we done this repair before?
• Develop a better understanding of how buildings work
• Professional inspection and specification

Policy
• Is your policy designed to protect your business or to protect
owners?
• Change perceptions
• eg not floats (factor benefits) but savings schemes (owners benefit)
• eg insurance commission – work for you but benefits for owners
• more open tender processes for contractors
• Explain & consult
• Give options

Powers
• You are acting as owners’ agents
• You can only do what owners can do themselves
• But you can do it for them
• Hand holding
• Do some of the heavy lifting – fill in the forms; do the communications
• Share the risk

Perceptions
•Eating insects
• Primeval fear?
• People do it all over the world – except here
• We need to change our attitudes to save the world

Better and more frequent
communications
• Monthly updates on repair progress
• Use BCC email address groups
• Set up owners associations
• Better communications
• Use influence of other more strategically thinking
owners

Nudge (Behavioural Economics)
• Social norms
• Most people do the right thing
• Use appropriate “local” comparisons:
• What their neighbours are spending / doing (as long as they
spend / do more)
• Loss aversion
• Make it easier to pay: Monthly payments going out on payday

Examples of “nudge”
• Tax: Using white envelopes not brown; handwriting
recipients name
• Pre filling forms where data is available
• Sending personalised texts
• ???Reminding people about penalties/ offences
(are your non-payers unregistered landlords?)

Under One Roof future?
• Our current funding ends in March
• Hoping to relaunch as an independent charity
• Will be fundraising shortly

What do our users want UOR to do?
Initial results mainly from LA staff
0 0.5 1 1.5 2 2.5
Owner maintenance awareness seminars
Train Landlords and Letting Agents
Training Factors/ Property Managers
Set up Owners Assocs
Local Authority - Training Sessions
Owner Training Sessions
Mediation between owners
Train Architects/ Surveyors/ Energy Adviser
Train Solicitors / Conveyancers/ Estate Agents
Research publicise owners' views

Add your own views to the survey
https://www.surveymonkey.co.uk/r/5R2KFQY
(also on PMAS conference App)

More information
www.underoneroof.scot

Rachel Irvine, Solicitor E: rir@bto.co.uk
25 October 2019
www.bto.co.uk
Solutions: Income Recovery

www.bto.co.ukwww.bto.co.uk
Case Study
1. Background and Pre-Action Protocols.
2. Taking Court Action.
3. Enforcement.
4. Major Repairs.

1. Mary Scott – Background
¨ Mary is the sole proprietor of top floor tenement flat; has a
mortgage with RBS.
¨ Mary purchased her property in June 2010 has never made a
payment towards her factoring costs and the sums
outstanding are £4,000.
¨ The flat is 1 in 8 and McFactor Property Management Limited
(MPML) are the appointed factors.
¨ MPML have always had trouble contacting Mary but they do
have an email address for Mary and a mobile number.

MPML Checklist
¨ What does our debt recovery policy say?
¨ Do you have the authority to seek the sums? What do the titles
say?
¨ Have you seen any for sale signs? Is the property being let out?
¨ What is the age of the debt?
¨ Will the change in factor create an issue? Do you have all the
invoices available?
¨ Is a NOPL appropriate?

Debt Recovery Policy

First-tier Tribunal 2018 - 2019

The Statistics…
¨ There were 225 property factor applications to the FTT.
¨ This was a 15% increase on the property factor applications
during the previous year.
¨ This consisted of 10 group actions.
¨ A number of appeals relating to decisions made by the FTT
were heard by the Upper Tribunal for Scotland. Most of these
concerned decisions made in property factor cases.

NOPL Guidelines
WHO?
¨ Any owner in the same building, or property manager, can serve the NOPL.
WHAT?
q Repair costs.
WHERE?
¨ You need to serve this Notice through Registers of Scotland. The outlay of
registering the notice is £60 per property.
WHEN?
¨ Needs to be lodged at least 14 days before the sale takes place.
¨ The notice lasts for 3 years but can be renewed.

MPML Checklist
¨ What does our debt recovery policy say?
¨ What is the level of debt?
¨ Do you have the authority to seek the sums? What do the titles say?
¨ Is a NOPL appropriate?
¨ Have you seen any for sale signs? Is the property being let out?
¨ What is the age of the debt?
¨ Will the change in factor create an issue? Do you have all the invoices
available?

2. Mary Scott – Court Proceedings
¨ There is nothing further received from Mary.
¨ MPML considers that they have discharged their duties in
terms of the Code of Conduct.
¨ A NOPL is registered against the title.
¨ MPML instructs their solicitors.

SO1
TheSimple Procedure
Orderof the Sheriff
Response Form received: ordering a case management discussion
This is an order of the sheriff in a case which you are a party in. You should readit and followit.
You should also read Part 8 of the Simple Procedure Rules, which is about orders of the sheriff.
26September2019
Sheriff Court:
Date of order:
Claimant:
Respondent:
Casereference number:
The sheriff has received the Claim Form and the Response Form. The sheriff notes that the first named respondent has replied on
behalf of herself and the second named respondent. Thereafter, the sheriff gives thefollowingorders:–
Casemanagementdiscussion
The sheriff would like to discuss this case with bothpartiesbefore ordering a formal court hearing. Both parties are therefore
orderedto attend a case management discussion in the sheriff court.
The purpose of a case management discussion is to allow the sheriff to discuss the claim and response with both parties and to
clarify any concerns which the sheriff has. At the case management discussion, the sheriff will also discuss with both parties their
attitudes to negotiation andalternative dispute resolution.
At the case management discussion, the sheriff will give both parties orders in person arranging a hearing at which the case will be
considered and their dispute resolved. The sheriff may make a decision at a case management discussion.
Both parties are orderedto attend a case management discussion at
Both parties should arrive in good time at the sheriff court building.
At the case management discussion, the sheriff expects both parties to be prepared to discuss the case and to have an open and
constructive attitude to the possibility of negotiation or alternative dispute resolution
Clarification
The claimant is ordered to write to the court and to the respondents at least 14 days before the date of the case management
discussion to clarify these issues and lodge the following documents:
1. A copy of all correspondence sent to the respondents notifying the respondents of an outstanding balance on their
account.
2. Confirmation of when a Statement of Services was sent to the respondents and to provide a copy of the Statement of
Services.
3. When were the claimants instructed to provide factoring services? To provide a copy of any letter or authorisation
providing these instructions.
4. It appears the respondents had a nil balance their account as of 29 May 2018. The claimants are ordered to
provide the court and the respondents with a copy of the individual invoice for each charge on the account which the
claimant states is outstanding thereafter and these invoices should detail the services provided and on what date or
dates the services were so provided.
5. Inparticular - the claimants are ordered to clarify why the respondents are invoiced for insurance costs on 11 January
2019, why an amended invoice is issued on 23 January 2019, after it appears a payment of is made by the
respondents.
The respondents are ordered, at least 7 days, before the Case Management Discussion, to consider all the information
provided by the claimants, as ordered by the Sheriff above, and to write to the court and the claimant to clarify which
itemsremainindispute.
The sheriff notes that the respondents believe that this matter may be capable of resolution upon receipt of detailed
informationinrespectofthebasisofcharging,detailedinvolvesandconfirmationoftheperiodinwhichservicesrelate.
Settlementandnegotiation
The claimant and the respondent are encouraged to contact each other to seek to settle the case or to narrow the issues in
dispute, before the case management discussion. If the case is settled before the case management discussion then the parties
must contact the courtimmediately.
.
Defended Action

3. Mary Scott - Enforcement
• Mary owns two more flats which appear on the
Landlord’s Register and there is a letting agent
detailed.
• MPML think that Mary has a new car.
• Mary is a Bank manager at RBS and is likely
banking with them.
• MPML notice that there is a "For Sale" at the
property

Solutions…
¨ Once the order is received from the Court the creditor (MPML)
can then take enforcement (also known as diligence) steps
such as:
a. Earning Arrestment;
b. Arrestment of Bank Account;
c. Rent Arrestment;
d. Inhibition against the debtor;
e. Attachment;
f. Sequestration.

Debt Spreading
¨ When is it appropriate?
nIs there authority from homeowners or in title deeds?
nHave you informed the owners?
nDifferent from scheme decisions.

4. Mary Scott - Major Repairs
¨ MPML instructed a survey at the request of 6 of the
owners. Mary did not attend the homeowner’s meeting.
¨ The report has highlighted issues with the internal rain
water drainage system and repairs required to the roof.
¨ The 7 remaining proprietors agree and instruct MPML to
go ahead with the works.
¨ The cost per flat will be a minimum of £4,000.

What can MPML do?
¨ Debt spreading.
¨ Missing Share.
¨ Court Action.

Missing Shares
¨ Housing (Scotland) Act 2006 section 50.
“…the local authority may, on the application of any of the
owners concerned, deposit in the maintenance account a sum
representing the share of the estimated costs of any owner who
has not complied with a requirement to make such a deposit.”

Pros & Cons of Missing Share…
Pros:
q Owners will not need to cover the shortfall.
q The Council may pay the missing share.
q The Council may take on the burden of pursuing the non-complying
owner.
Cons:
¨ Delays – the council may seek representations from the non-complying
owner.
¨ Be sure to get the notice right!
¨ Assistance is not available retrospectively.
¨ You are at the Council’s discretion.

Questions…

REFRESHMENT
BREAK

Stewart Hamilton
Allied Surveyors

Building
Maintenance
KnowyourBuilding–Planyourspend
Presented by :- Stewart J. Hamilton BSc(Hons) MRICS
Director of Building Consultancy

We are one of Scotland's largest independent firms of chartered surveyors.
We have 30 offices in Scotland covering every postcode.
Each office is run by professionally qualified local surveyors and provides a complete
range of property services including Residential and Commercial property valuations,
Home Reports, Energy Reports, Building Surveying, Quantity Surveying and Project
Management.
The extent of our office network allows our surveyors to specialise in their local property
market to ensure that you get the very best advice based on expert local knowledge.

A Little Bit of Background
Studied at Glasgow College of Building & Printing, and Glasgow Polytechnic which morphed
into Glasgow Caledonian University gaining BSc.(Hons) Building Surveying in 1994.
Originally employed as a contractors QS for 18 months after graduating.
Offered a job in professional practice in 1995 gaining Chartered status in 1998.
Over the last 21 years I have worked in Private Practice as part of large and medium sized
firms, as a sole owner of my own firm, as well as within the Building Surveying department
within a well known Glasgow Property Factor.

Maintenance Types
Predictive - Cyclical Issues – such as decoration, ground
maintenance etc.
Preventative - Stitch in Time approach – such as gutter
cleaning, services testing etc.
Reactive - Fix specific issues, of varying size – such as
burst pipes, emergency works etc.

General Rules
Concentrate on the external envelope
Particularly
Roof Coverings, Chimneys, Gutters and Downpipes
Defects to External Walls, Doors and Windows – Open joints, defective pointing to
frames, cracking

Simple Things to Look for
Roof – Missing slates/tiles, single ply membrane issues.
Staining to walls caused by leaking or defective rainwater goods, running overflows
Defects to timber frames caused by poor maintenance and decoration issues
Missing linseed oil mastic/mastic sealing between frames and walls allowing water
ingress into the building
Poor pointing and cracking to walls. Cracking over 2-3mm should concern and be
monitored

Main Internal Issues
Damage caused by plumbing faults – supply and drainage pipework to appliances and
fittings – sometimes undetected for long periods of time
Damage caused by defects to radiators and pipework – again sometimes undetected
for long periods of time. Do boilers need to be regularly topped up?
Potential electrical faults – Main installation should be tested every 5 years
Rot – Wet and Dry
Regular inspection required, and also rely on occupiers to inform of problems

Inspection and Testing
Ensure that Electrical and Gas Installations are tested regularly and in accordance
with legislation.
Roof anchors – these will not be used unless tagged with up to date test certificate
Lifts
Pest Control – not just rats & mice. Squirrels, bats, wasps, starlings etc. all can affect
different parts of the building and services, and restrict what can and can’t be done
and when. Bats are protected species.

Considerations before instructing repairs
Is affected area or material covered by guarantee? Do not instruct works as this may
void guarantee, unless totally sure
What guarantees are in place? NHBC, Premier, Zurich, Guarantee Protection Trust,
Developer, Previous Contractor
Have the manufacturers maintenance recommendations been implemented? Is there
a record of the inspections carried out and details of what was done, materials used,
cleaning products used etc.

Decision on Level of Repair
Influenced by various factors, especially:
Cost/Funds available
Willingness of owners to contribute
Life remaining of building
Future plans

Cash is King
Major reason for works not progressing is lack of funds or inability of owners to raise
necessary finance.
Short term owners & landlords not always willing to contribute
ROI – How quickly will any savings pay back the capital costs? e.g. upgrading lighting
to energy efficient type, insulation improvements
Sinking Fund – Set up for more major items that will be necessary

OtherConsiderations
Special Building Types
Listed status – not just older buildings
Conservation Areas
Whole Development, not just building – Garages, Hard Landscaping, Boundaries,
Walls, Fences, Gates
What information is available – newer developments O&M Manuals, older buildings
local authority archives

How we survey
Use senses
Eyes – Staining, Cracking, Missing elements
Nose – Damp smell, Burning
Ears – Creaking (e.g. Floors), Running Water, Rodents
Touch – Damp and Cold
Taste – Thankfully not!!!

Backed up by
Instruments such as
Protimeter Moisture Meter
Hygrometer
Thermographic Camera
Disto/Tape/Camera/Pole Camera

Difficulties
Can’t see through walls
Disruptive owners
Access – Streetscape, Streetlights, Height
Hidden Issues – Asbestos, rot, other deleterious materials

Resources & Sources of Information
Scottish Government Maintenance
Under One Roof
Planned Maintenance Schedules/Life Cycle Information
Manufacturers Information
O&M files
Building Control/Planning Department

When to Involve Us
As Soon As Possible!
Any Questions?
Stewart Hamilton BSc.(Hons) MRICS
Director Building Consultancy
Allied Surveyors Scotland
30 Herbert Street, Glasgow G20 6NB
Tel: 0141 337 7594 Email: stewart.hamilton@alliedsurveyorsscotland.com

Culture and it’s impact on
performance

• “Better people make better All Blacks….”
• “It is no coincidence that some of the great All Blacks were
great men”

• “A bad culture is fine…..until you need a good one”

• Honesty
• Attitude
• Respect
• Discipline

“Leadership is just plain you”
Field Marshall Slim

Importance of DNA, values and
purpose

Dealing with adversity and
disappointment

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