Sale of Aura Court: 31 March 2022

Tapestart Limited lost its case and sold its interest in the freehold reversion of Aura Court to Edgerton Estates Limited.

8th November 2021

Tapestart Limited

Received notice of a second case management hearing in the First-tier Tribunal claim, to take place at 2.30 p.m. on 18 November 2021 by video. This arises as a result of a leaseholder requesting that the claim be dealt with at a full hearing rather than the Judge making a decision based on the paperwork presented to the Tribunal.  

21st October 2021

Trafford Council responded to the Building Notice submitted by Roger North Long & Partners - two years hence. Trafford Council confirmed that a full plans application would be required (for Building Regulations approval) and set out the detailed plans and specifications that it required. Trafford Council would need to carry out a statutory consultation with Greater Manchester Fire and Rescue Service. CPM would liaise with Roger North Long & Partners to submit all relevant information to Trafford Council.

20th October 2021

Tapestart Limited received a copy of correspondence from Mr Adrian Fisher,  Director of Growth and Regulatory Services at Trafford Council, in which he stated (1) that Tapestart Limited has not submitted a Building Regulations application for the major works required to lift the Prohibition Notice on Aura Court and (2) that the Greater Manchester Fire and Rescue Service (“GMFRS”) was the “lead authority” for any such application. 

Roger North Long & Partners lodged a Building Notice for Tapestart Limited with Trafford Council on 30 September 2019. Trafford Council is the proper authority to determine an application made under the Building Regulations, not GMFRS.  Both Roger North Long & Partners and Compton Property Management Limited (“CPM”) had chased Trafford Council’s Building Control team on many occasions for constructive input on the major works and for confirmation of the fee payable on the application, so that leaseholders could be properly consulted.  Without a Building Regulations consent, works cannot be carried out to the building.

Tapestart Limited had serious concerns that the construction of Aura Court by the original developer should never have been signed off and that Trafford Council may be interfering in the Building Regulations process.  With this in mind, Compton Property Management Limited wrote to Kate Green, M.P. to ask for her assistance and to ask that the Council puts its house in order.

25th August 2021

“Message from the freeholder: In relation to the application currently before the First-tier Tribunal to vary the service charge allocations to ensure that 100% of service charge costs can be recovered, Tribunal Judge Laurence Bennett held a case management conference last Friday and we await his directions as to the future conduct of the application.  There is a query over whether the commercial leases can be varied because the Tribunal’s powers may be limited to changing the terms of flat leases only.”

28th July 2021

Major works

The scope of works is complete for these works, however we still await the details from Trafford council to complete what is required. Trafford council have advised that part of the building does not reach their requirements and current regulations.

Unfortunately due to COVID-19 Trafford council are still experiencing staffing problems.

The following message is still being received:-

The Building Control Service continues to operate during the COVID-19 outbreak with officers working from home. Some of our processes have needed to change or stop in light of social distancing restrictions.

Unfortunately this may lead to delays in the processing of some applications and enquiries and it may also take longer to respond to email correspondence than usual.

We have also been advised  that Mr Philip Jackson is the only  person to deal with as he’s been involved in meetings held at Aura court  and has the understanding of what is required.

Philip is currently away from the office.

We are continuing to chase.

In the meantime- we still await the decision of the FTT with regard changes to apportionments of payments  for each property.

4th June 2021

Maintenance Complaint Received

I have recently received the below complaint from a leaseholder. I am replying on the web page to ensure all leaseholders are aware of my reply for  clarity and understanding.

Dear Jean,

Last weekend we managed a trip down to Manchester and took the opportunity to have a look at Aura Court.

Unfortunately, due to the timing of the security company’s weekly visit, we were unable to gain access to the fenced off area and our property.

Leaseholders can visit their property providing they have arranged with us prior to attending. This will allow the contractors to provide access during their visit at no additional expense to the development.

We did get a chance to have a good look round the accessible areas and were very disappointed by what we saw.

There does not seem to be any maintenance taking place at all. There is lots of litter and water, despite having just had the hottest days of the year. The postal area is particularly bad and, whilst I know you cannot control the post, surely there could be someway of clearing the post which has made it to the ground and got soaked and ruined.

There does not seem to be any maintenance taking place at all. There is lots of litter and water, despite having just had the hottest days of the year. The postal area is particularly bad and, whilst I know you cannot control the post, surely there could be someway of clearing the post which has made it to the ground and got soaked and ruined.

The postal area is and has always been a massive issue as post boxes are overrun with mail. We are not allowed to empty the post boxes as this is private mail. It is evident that the post boxes are not being visited either by leaseholders or tenants. Whilst the frame work of the postal boxes is a managed area, the individual boxes are the responsibility of the leaseholders. I will arrange a clear of the area, but would ask that the postal boxes are emptied to avoid this situation.

The water lying on the walkways remains following heavy rain and poor drainage that will be addressed through the major work project.

Two of the bins have been removed, believed to have been taken by the commercial units of which a large area is being kitted out.

We were made aware by our contractors that the bins are missing. We are not aware of their location. Please confirm which of the commercial units have taken them and I can progress the matter.

There is no evidence of basic cleaning at all.

Cleaning takes place two weekly- photographs are provided following each visit. please let me know if you wish to see these photographs.

One of the doors to the units has been very badly damaged.

The doors are owned by the commercial units. I can arrange a repair at a cost to all leaseholders if this is required.

I can also advise that all locks were changed to the main entrances recently and all tenants were provided with keys. This was due to occupiers having broken the main entry doors as they had not been provided keys by leaseholders.

The electricity cupboard is open and indeed has a hole in it.

The door was damaged by an unknown person. I will arrange a replacement.

The water meter boxes are lying open, although behind the security fence.

The water meters are demised which results in them being the responsibility of the leaseholders.

Would you be able to let me know when the last time any maintenance or repairs were carried out at the property?

Maintenance is being carried out when required to avoid unnecessary costs being applied. I am mindful that the major works will be a massive cost to leaseholders, and will also deal with issues of the structure and decoration.

However, If there is a maintenance issue that is evident and needs to be addressed, please let me know. We will deal with any issue reported.

It is looking in a very sorry state and is deteriorating.

Currently we are dealing with more than 7 apartments all suffering from water ingress caused by the poor design and build quality. The leaks are caused by poor fitments in bathrooms and kitchens and includes a lack of repair and maintenance within the flats to the bath and shower areas. Sealant has failed in numerous areas, and has not been repaired or replaced. This has caused water to leak from flat to flat. 

The leaseholders are still being asked to pay full management fees but I see no evidence of any management being carried out.

I can assure all leaseholders that we are in constant communication with the tenants and agents at the development dealing with issues reported.

Could you please tell me where our current year’s fees are being spent?

At the end of the financial year accounts will be provided to all leaseholders. This will provide factual information on expenditure.

15th April 2021

Major works update for on line meeting

Please see below the letter that has been issued today to all leaseholders. Meeting details will be announced on Tuesday 20th April for leaseholders to join

Dear Leaseholder

Major works required at Aura court

I have now been provided with an estimate of necessary works required at Aura court. These works will cover both Phase 1 and Phase 2, i.e. all the works referred to in the first notice of the section 20 consultation process issued in June 2020.

1. We have already notified you of the cost of Phase 1: this is £514,712.58, to allow for the prohibition works to be carried out and the prohibition lifted.
2. For Phase 2, the remainder of the major works, the estimated costs are £827,626.25 plus VAT and fees.

The project manager has prepared this estimate of costs to give leaseholders a better understanding of the likely remediation costs at the development.

An online meeting will now be arranged for Wednesday 21 April 2021, commencing at 3.00 p.m., and all leaseholders are invited to join that meeting.

Those attending will be :

Jean Jones, Compton Property Management Limited

Richard Bond, Surveyor/Project Manager, Roger North Long

Bob Jones, Compton Property Management Limited

Ben Hammond, freeholder’s solicitor

Details of the online meeting will be placed onto the development’s webpage by Tuesday 20 April 2021.

Further activity...

8th September 2020

Email sent  to leaseholders effected by prohibition flats 12b - 35

Good morning all

Thank you to those that took  part in the meeting with GMFS to understand the issues surrounding Aura court.

For ease, I have setup this email to keep those effected in that one stairwell with updates to avoid any further worry or confusion.

I am not copying email addresses and will keep those provided private.

I would however ask that any email sent that may be of interest to neighbours, you also provide authority for me to share with the group.

I will be updating the web page weekly to again keep everyone updated with progression.

I have had several contractors nominated, and those have been contacted to attend the development swiftly.

Whilst the major work advised in June through the first notice of the section 20 will be required, we are looking to prioritise sections of these work to allow GMFS to re-visit the prohibition notice with a view to allowing access back to those properties effected.

The cost of the works will be advised to all leaseholders that contribute, and invoices will be issued in advance of work taking place. The tender process is under way and I will update again when we have information to advise.

Unfortunately due to works now having to be split to enable the prohibition to be lifted, the cost of the works may increase due to set up costs charged by contractors, together  with additional required information such as H & S- method statements etc.

There will now be a need to progress a  section 20 consultation process for each programme of works, which we were clearly trying to avoid initially for cost sake.

Should you wish to have a copy of the emails sent, please provide your email address .

19th August 2020

Statement to leaseholders and residents

We understand that Greater Manchester Fire and Rescue Service (“GMFRS”) have decided to issue a Prohibition Notice on those flats at Aura Court which use the central, wooden stairwell for access.

On a recent inspection GMFRS noticed that there had been some deterioration in the condition of the stairwell and that residents had been using the stairwell and/or areas nearby for smoking and barbecues. For these reasons they decided to issue the Prohibition Notice.

The flats who use the “turret” staircases for accesses will not be affected.

You will appreciate that our managing agents, Compton Property Management Limited, have been working towards the replacement of the wooden stairwell, wooden cladding and other cladding which is considered a fire risk. They are constrained by the need to satisfy planning legislation, the Building Regulations and the requirement to consult with leaseholders on major works. They will not be in a position to begin or complete any work to the stairwell before the Prohibition Notice comes into effect.

We understand that GMFRS and representatives from the local housing assistance organisation will be visiting the flats affected tomorrow (20 August 2020).

If you own a long leasehold interest in the building then please address any enquiries as follows:

• Fire safety: GMFRS – details as per the Prohibition Notice Housing:
• HOST - Details as per the Prohibition Notice
• Legal: Ben Hammond, Solicitor, Tapestart Limited bhammond@compton.group
• Property management: Jean Jones, Property Manager, CPM: jjones@compton.group

If you are an assured shorthold tenant of a long leaseholder, you should address any enquiries to your landlord in the first instance.