LEASE Peter Haler

LEASE AS LED BY PETER HALER

Anyone who has contacted LEASE for advice will know that the service provided is very good indeed, but SELCHA believes that LEASE could be better led.

In his letter dated the 3rd of August 2006, Peter Haler makes three surprising statements:

• He agrees that contract information should available earlier in the right to manage process. But it was Mr Haler's job to advise the government on this matter before the legislation was made law. Why did the government not listen to him? Who did it listen to?
• He does not seem to understand RTM legislation in relation to establishing if a premises has more than 25% commercial floor area. Right to Manage companies do not need to know the commercial floor space of a premises to claim right to manage. They can just make the claim. I is then up to the landlord to issue a counter notice denying right to manage on the basis that the premises in question has more than 25% floor space. If that happens the RTM company can make an appeal to the Leaseholders Valuation Tribunal and the actual floor area can then be established.
• Mr Haler writes that the government takes a view that landlords have a right of confidentiality regarding contracts between landlords and their contractors. Why did he not advise the government that when landlords use money to pay contractors the money they use is actually the property of the leaseholders? Furthermore why did he not advise the government that the principle of the duty of landlords to disclose contract information to leaseholders under pain of a summary offence is already present in Section 30A of the Landlord & Tenant Act 1985 in relation to the insurance of the premises?