1. What is Day Flats Residents Limited?

It is the freeholder of the blocks of flats named on this web-site. It is a company owned by the leaseholders of more than a dozen blocks of flats built by Day Brothers. It exists as a means for leaseholders collectively to own the freehold of their flats. A minority of leaseholders are not shareholders through their own choice and in their blocks the other leaseholders have contributed a loan to cover the cost of their share. This loan is repayable as these leaseholders or their successors choose to join.

2. What does the freeholder do?

The freeholder is responsible for obtaining buildings insurance and for dealing with all legal requirements arising either from the terms of the leases or from Company Law. It is run by a board of up to seven directors elected annually, and has a Company Secretary. It makes regular calls on its solicitors, its accountant/auditor and its surveyor.

3. How are blocks of flats managed?

Leaseholders are encouraged to meet through their own block residents association. Some blocks are able to manage their own building (self-management); others choose to be managed professionally. The Directors formally authorise management arrangements because they have to be satisfied that their legal obligations are being met.

4. What is the relationship with tenants?

The freeholder has no relationship with tenants (sub-lessees). The leaseholder is responsible for meeting all the obligations imposed by the lease. If a tenant broke the terms of the noise provisions, for example, action would be taken against the leaseholder not the letting agent or the tenant.

5. Does the lease not preclude sub-letting?

The lease does include such a provision but we have been advised that subsequent changes to the law mean it would be considered unreasonable to enforce it.

6. The terms of the lease are old fashioned . Can they be changed?

The terms of the lease can only be changed by mutual agreement. Changes were made in 1985 when Day Flats offered an extension of the reversionary period linked to the purchase of a share in the Company. The same might happen again in the future.

7. What is the reversionary period?

The flats are let to leaseholders on a long lease, originally 99 years. This was extended to 125 years in 1986, so that there are about a hundred years left now. This time is known as the reversionary period. Most of the garages are still on 99 year leases and if you have an LEB sub-station in the garden it is on a sixty year lease.

8. Could I get involved?

The Company encourages everyone to attend the AGM and frequently there are vacancies for new directors. Directors represent the whole group: there are more blocks of flats than places for directors. Notice of the AGM is sent to the address notified to the Company Secretary and you should not assume that changes known to your managing agent/ block representative have been sent to the Secretary.

9. I want to sell my flat. What should I do?

The Company Secretary while compile a response to any solicitors queries, after consultation with the managing agent or the block representative if it is self-managed.

10. Are we billed in advance or in arrears?

Buildings insurance is billed in advance and NPS bill their own annual charges in advance to blocks that they manage. Ground rent, Company costs and maintenance costs are billed in arrears.

11. Who are NPS?

NPS is a Building Consultancy appointed as Company Surveyor. It offers professional management services which eight of the blocks have taken up. There is a link to its web-site elsewhere on ours.

12. What are the Company’s costs?

Auditing and accounts, Company Secretary time excluding that spent on enquiries relating to sale which are billed to the vendor, indemnity insurance, triennial inspections of all the blocks, legal costs not associated with individual flats and garages, and meeting costs. The Directors are unpaid.

13. What is the Company's position on the replacement of windows?

The subject of Window frames is raised at every AGM, with strong views for and against change. What is the Company's position?

Under the terms of the lease, leaseholders are required to return the flat to the freeholder on completion of the reversionary period, which in a minority of cases is now less than 50 years away. This is the de jure position, unlikely to happen in practice (de facto). Leaseholders collectively own the freehold for their mutual benefit.

The Directors are though obliged to uphold as far as possible the 'de jure' position. If they were not to do so, a single aggrieved leaseholder could take action against them even if they had had the support of a clear majority.

In the past twelve years plastic window frames offering integral double glazing have become increasingly popular, and requests are made for the freeholder's permission to install these. In order to protect the 'de jure' position, the freeholder cannot give permission, for to do so would transfer any risk of subsequent litigation from the individual leaseholder, wishing to make the change, to the collective, representing all leaseholders in the block. The Directors can merely indicate that the freeholder will not actively seek to reverse the installation unless a case for so doing can be made out by one of the leaseholders (including successors in title to the present leaseholders), and that case would probably have to cite a 'de facto' disbenefit, such as reducing the perceived value of the property on the open market. A difficulty here is that the appearance of the building is better if all the window frames conform to the same design, including those in the communal areas. There is therefore some advantage in the Residents Association or an appointed managing agent overseeing any project to change the window frames.

Blocks which are in conservation areas require planning permission which is not normally refused. The terms of the conservation area status are only met if the window frames retain or even enhance the symmetry or appearance of the building.

Integral double glazing offers improved heat insulation, which is why Islington Council has a programme of installation. The occupants of some of its flats in private ownership are unhappy at the cost, because there is a significant loss of light which also reduces the potential saving on fuel costs. Secondary double glazing provides heat insulation without loss of light. There are more expensive integral double glazing products that closely replicate the appearance of the old Crittal windows. Use of these would overcome both the problem of loss of light and of the visual amenity where not everyone is willing to accept any change.

Just as old less efficient boilers lasted for thirty years, and modern ones only ten, the plastic window frames have a life expectancy of twenty years whereas the aluminium Crittal frames have lasted for fifty years or more. As few plastic frames have been in place for twenty years it is too soon to judge whether 20 years is a realistic, optimistic or pessimistic estimate. We have no empirical evidence about the more expensive frames referred to above.

One perceived advantage of integral double glazing is reduced condensation. Our surveyor has always warned that drying clothes indoors is a greater cause of condensation, and within the last twelve months a government report has suggested that this is the greatest single cause of asthma. Some leaseholders are more enthusiastic than others about the success of alternatives, dehumidifiers or judicious opening of windows.

The lease places a requirement on the freeholder to repaint the common parts at regular intervals, and on leaseholders to meet the cost on the basis of their fair share. There is no power to vary this by charging more to those with metal window frames, or to charge only those in part of the building if for example one staircase out of three or four were redecorated. (five of our blocks have more than one staircase).

14. Where can I find out more?

Elsewhere on the web-site is a link to individual blocks, which has an e-mail contact address. The Islington Society has published a book, The Story of Day Flats in and around Islington, ISBN 0 9541490 1 7, which costs £5.