Macclesfield-based managing agent Pauline Jones today has taken another retirement site right to manage: Warburton Court, in Uppermill, in Oldham, Greater Manchester.
The RTM was won on the third attempt, and the entire application was handled in-house. Two earlier efforts, where solicitors were employed, hit problems and were declined by the freeholder, part of the Tchenguiz group.
Residents at Warburton Court, a site of 49 flats built by McCarthy and Stone in 2007, are delighted with the result. The new management takes over on February 1.
“We are thrilled to bits,” said David Hindle, one of the RTM directors. “We have had a lot of backing. When we thought we were going to have to go to tribunal if this last application failed, people were saying: go at it, don’t give up now.
“If they had to pay more money to fight on, then they would be happy to do so.”
Mr Hindle is happy to be contacted, via Carlex, by those considering right to manage as an alternative to having management imposed on leaseholders by their freeholder.
The victory means that Jones Associates, a mother and son team, has now taken four retirement sites right to manage over the past two years.
First was Metcalfe Court, in Romiley, near Stockport, in Cheshire, which gained RTM in November 2014 led by resident directors Maureen Young and Maureen Beech.
It was followed by Oakford Court, in Glossop, Derbyshire, which Jones Associates was already managing, but where the leaseholders wanted to take control themselves.
Then there was Guardian Mews, an Anchor Trust site in Sale, Greater Manchester, “which was a bit more difficult than FirstPort when it came to handing over the money”, says Pauline.
And now Warburton Court has at last come good.
The first two applications, which were made using the services of a solicitor, failed on the minor issues of meticulous paperwork that are so characteristic of right to manage set-backs.
In the first, the solicitors omitted to identify the hours in the day – not the days themselves – when the articles and memoranda of the RTM company could be examined.
The second rebuttal came about using a second solicitor because she advised referring to those leaseholders who were not members of the RTM company as simply “lessees”, rather than individually naming them.
“The solicitor wanted to appeal this in the tribunal, but she wanted nearly £5,000 to do so,” says Pauline. “We decided instead to make a third application from scratch and we will now do all RTM applications in-house.
“We do not want to pay solicitors again.
“Retirement RTMs are a bit different to ordinary flats because the picture changes all the time.
“You have people going into homes; people with power of attorney; people passing away. It does not stand still, and if there is a house manager all this information is getting back to the freeholder.”
In the North West there is now a network of right to manage retirement sites where the management is answerable to the residents.
Carlex warmly congratulates Warburton Court for obtaining RTM and thanks David Hindle for his kind offer to encourage others who are considering the same course.
We also thank him for encouraging local MP Debbie Abrahams to join the All Party Parliamentary Group on leasehold, which meets on November 16.
Maureen Young and Mo Beech at Metcalfe Court have been contacted by many leaseholders in retirement sites all around the country regarding RTM.
Carlex looks forward to the time when all retirement sites have management companies that treat the residents as the customers, rather than the freeholder.
One day it will be unusual to have a management structure any other way.
Pauline Jones can be contacted here
Postal address: 116 Chestergate, Macclesfield, Cheshire SK11 6DU
Office Tel: 01625 500774 Mobile: 07900 847234
Email: Contact Pauline Jones: email@example.com