A problem shared…
It is said that in the modern world we do not know our neighbours. This is often true of people living in blocks of flats. Do you know the people who live in the flats above and below, on the same landing or stairwell as you? When a legal dispute arises, even though the dispute may affect the owners of several flats in the block, it can be difficult for flat owners at the forefront of the dispute to know who else is affected by the issue they are dealing with.
If your block of flats has a Residents’ Association, and you are involved in a legal dispute, either with other flat owners, your landlord, or the managing agent for the building, you may be able to obtain the names and contact details of your fellow residents from the Association – emailing other flat owners is a quick, cheap and easy method of making contact. Otherwise, it is a case of putting flyers through letter boxes in your block.
Perhaps you are experiencing problems due to defects in your flat? Or, you and several other flat owners may have noticed that the windows in the communal areas do not fit properly and leak when it rains? You may wish to contact all the flat owners in your block to ascertain whether they are experiencing similar difficulties within their own homes, or defects in the communal areas near to their flats.
If you discover that a number of flat owners in your block are experiencing defects, my advice would be to form a legal action group of all the flat owners experiencing detriment due to the defects. A solicitor practising this area of law can draft the documentation to formally create this action group, which will have its own set of rules.
A legal action group can appoint some of its members to act as the group’s committee. Correctly drafted rules for action groups delegate authority to the committee to act on behalf of all the members. That authority can enable the committee to appoint solicitors and give instructions to them, approve expenses of the dispute, arrange action group meetings, and even agree settlement terms to the dispute.
My experience is that a committee with a well delegated authority is much easier for the solicitor and any other experts such as surveyors, to work with and therefore progress the case. A committee with proper authority usually reduces costs, is often more efficient, and can even lead to a quicker settlement- a significant tactical advantage to the action group!
I appreciate that keeping a group of flat owners on board during a lengthy, complex and expensive legal dispute, can be difficult. So, my advice is to be realistic from the outset about the timescale to reach a conclusion, the likely costs and the group’s desired objective.
Rules can require members to make repeat contributions to the costs of the legal dispute. Solicitors can open a separate client account for contributions from members to be paid into. Solicitors’ professional rules require them to maintain full records of money deposited and withdrawn from client accounts, giving group members peace of mind.
Group committees should arrange face to face meetings between members and their legal team, which members usually find helpful. A well-functioning group committee is a means for information and instructions to pass between the solicitors and members. I have found that periodic telephone conferences with group committees, with a pre-set agenda, can greatly assist the flow of information, ideas and instructions between all concerned.
A group’s rules can require members who sell their flats during the legal dispute to demand that the purchaser of their flat join the action group (in the flat seller’s place), and to make the financial contributions required, thereby ensuring funds continue to be received.
Finally, many leases require the landlord to take (legal) action against a flat owner who is in breach of the lease, when the landlord is formally requested to act by another flat owner. If your lease requires your landlord to take action, and they refuse to do so, an experienced solicitor can apply pressure on your landlord to comply with their duties under the lease.
Duncan Brown is an Associate Solicitor at Oliver Legal in Ipswich.
