indepth Recruitment How property law experts can help recruiters P roperty managing agents can experience fast turnaround when it comes to employees, it’s just the nature of the beast. • Absenteeism • High staff turnover • Reputational risk
A new law came into force in 2003 (Commonhold and Leasehold Reform Act 2002), whereby provision for the management function of flats of the landlord, can be exercised by a Right to Manage (RTM) company instead of a landlord. So, recruiters have an essential job in acquiring talent in the property sector that truly understands the basis of a lease because disputes can often be prevented if the managing agent knows the relevant law as a starting block. Being a property manager is not an easy job! Property lawyers can also come across disputes caused by employment law issues when an employee hasn’t been supported enough and makes a mistake, leading to a dispute. TRAINING Training and education for all in the property sector is something we recommend, and as an example, ARMA (Association of Residential Managing Agents) had a training day on 5 March entitled Developing Resilience. Anyone working in the property industry is aware that speed, information, communication, regulations, PR, risk assessment, technology, threats (cyber and physical) can take a toll on employees. It can cause a large impact such as: • Burn ou • Mental health issues
When it comes to employment law, the basic principles are: • Recruitment • Hours, leave and pay • Employee right • Discrimination • Salaries • Disciplinary and grievance issues • Working parents Regarding recruitment, their main object is prejudice. Discrimination is ILLEGAL! All employers should be up to date on the laws of workers as from April 2020, a contract of employment must provide a Written Statement of terms and conditions within the first two months of employment – whether employee or worker. Many organisations within property management are serious about employees in this demanding, but rewarding industry. The course detailed below was for anyone new to block management with some knowledge of the legal framework governing residential long leasehold management. It was especially useful for those who need to become familiar with the essential information needed to safely and efficiently assist or manage a portfolio.
As property law experts, part of our ride here at LMP Law, is to advise on all areas of property law before any disputes arise. And one of the best ways we can do this is to help educate and update recruiters, as well as managing agents, in explaining the dos and don’ts of the whole legal arena.
STARTING BLOCKS Property law back up begins at the
recruitment process of any person working in the property sector. Whether it is real estate through block management, PRS/build to rent, co-working and serviced offices, many fundamentals are found within the Landlord & Tenant Act 1985. Employment Law, under recruitment, brings its own duties and updates but property recruitment companies should ensure their talent (on their books brought in for their clients) understands that the Landlord & Tenant Act details the rights, obligations and duties of landlord and tenants, as well as encompassing elements of conveyancing and contract law. As managing agents are often the person/s looking after blocks of flats, they must know and understand the basis of a lease, for example.
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