Managing Agents are not regulated by the Government and any organisations purporting to be a Regulator of Managing Agents is simply a Trade Body which is optional to join. The most common of these being The Association of Residential Managing Agents (ARMA).
We originally joined ARMA on 30th July 2009, our reasons for joining ARMA at the time was to share experiences and updates with fellow professionals within the industry and increase our education in the industry sector. On 18th May 2015, Red Brick Management took the decision to resign as a member of ARMA. This is due to a shift in focus of the organisation from a Trade Body to a Self Regulatory Body.
Red Brick Management Limited prides itself on having a completely clean record with ARMA during our near 6 year stretch as an ARMA Member, our interaction is summarised:-
Complaints / Referrals to ARMA – Zero
Complaints / Referrals to Ombudsman Schemes – Zero
Complaints / Referrals to Regulator – Zero
Number of Visits to our office by ARMA – Zero
Number of Visits to our developments by ARMA – Zero
ARMA introduced “Self Regulation” as a reaction to the Conservative and Liberal Democrat Coalition Government ruling out Regulation of Managing Agents for the 2010-2015 Parliament. In times of austerity in our opinion it is more likely the Government will not regulate managing agents and if they did it will be after the Parliament starting in 2020.
To date there is only one code that is recognised in Government Legislation, this is the RICS Service Charge Residential Management Code which is approved by the Secretary of State for England under Section 87 of the Leasehold Reform, Housing and Urban Development Act 1993.
It has to be remembered that Residential Property Management is quite a diverse field with examples below:-
Residents Management Companies
Retirement Flats / Sheltered Housing
Right to Manage Companies
Resident owed Freeholds.
We do not think the solution is to Regulate or “Self-Regulate” the whole sector instead we support targeted responses to different sectors in which problems occur and a simple licensing system.
In our opinion this is to create a barrier to entry into the market against the competition rather than the protection of Leaseholders.
Managing Agents with good long histories and or vast portfolios of clients have left self Regulation Schemes whilst other agents that have previously been subject to bad publicity have been allowed to join.
Other Managing Agents that have been newly formed which have qualified members of staff from the IRPM or RICS have been prevented from joining as they have not been trading for 2 years.
Ultimately, only if the vast majority of Managing Agents join self regulation schemes will such a schemes be successful.
No, our client base is a mix of Residents Management Companies, Right to Manage Companies and developments in which the Freehold was purchased by the residents. We do not work for Commercial Freeholders and do not work in the Retirement Sector.
Our clients are not on long term contracts and are free to move to alternative Managing Agent on notice periods of typically 1-3 months.
In our opinion our client base has residents or an alternative stakeholder making a decision and we do not see it fit for a Regulator who is not approved by our client interfering with our client’s decisions.
Not in its current form. Our reasons are:-
The vast majority of managing agents would need to join.
Different codes drawn up for different sectors of the industry rather than the current cache all approach.
Barriers of entry to the scheme would need to be relaxed to encourage more participants into Self Regulation.
Current Schemes have no sanction over Qualifications of Staff who work in the Property Management Industry. Another example of Self Regulation is the General Medical Council, who have the power to strip Qualifications from Doctors or Nurses rather than simply sanction the actual Doctors Surgery or Hospital.
In our opinion this will offer limited protection once a complaints procedure or a First Tier Tribunal or Ombudsman Scheme has been completed.
If the Regulator was to penalise a Managing Agent, ultimately the Managing Agent could leave the Self Regulatory Scheme which may result in other agents leaving due to the threat of fines.
At Red Brick, we have invested heavily in training and qualifying our staff, there is actually no provision for Training and Qualification in Self Regulatory Schemes.
The increase in back office administration and processes carried out by a Managing Agent will have two consequences being either an increase in Management Fees or a cut in front line Property Management Services provided.
We doubt this will be on any Political Parties Agenda to long after the end of the 2020 Parliament.
Ahead of Regulating Managing Agents we would assume that there will be a number of large legislation changes effecting the sector.
The Competition & Marketing Authority market study dated 01/08/2014 states:-
“New unified code of conduct
5. There are a number of relevant codes of conduct that property managers may comply with. While we understand that the ARMA and RICS codes cover a good proportion of the market, including most of the large suppliers of RPMS, their coverage does not extend across all businesses that may be operating as a property manager. As such, we took the view that the prospects for designing a new unified code of conduct for the industry could not be achieved working through either of these bodies, either alone or working together. There may though be merit in aligning as far as practicable given their different coverage the various relevant codes of conduct and self-regulation schemes so as to provide clarity both to leaseholders and property managers on expected conduct “
We would therefore assume a new third code would be drawn up.
Firstly, we feel it is important to break the industry down into Sub Sections and then consider these individually:-
Retirement Housing Sector – Usually the residents are locked into having Property Management Services supplied by one provider and the ability to change Managing Agent is limited. This area we believe should be Regulated by Government Legislation as this area of the Residential Property Management Industry receives a overwhelming percentage of bad publicity and complaints. Red Brick does not operate in Retirement Housing Sector.
Commercial Freeholder Controlled Managements – We believe that these should be regulated by Government Legislation. The reason for this is ultimately the end payer of the service has very little say on how the Service Charges are calculated. Again, this area of the Residential Property Management Industry Receives a large percentage of bad publicity and complaints. This is an area of the industry Red Brick do not operate within.
Resident owed Freehold Companies – The Residents have the right to replace a poor performing managing and negotiate contracts as they see fit and we can see no case for Regulation.
Right to Manage Companies (RTM’s) – An RTM occurs when the Leaseholders have grouped together previously to form a Company of self control, we feel that the Directors of a Right to Manage Company are quite capable of analysing the market to find the best replacement for the Commercial Freeholders appointed Manager, and have sufficient power to move to alternative supplier. We can not see the need to regulate this sector of the market.
Residents Management Companies – The Residents have the right to replace a poor performing managing, can stand as a Director and make there own decisions. We can see no case for regulation.
In summary we are in favour of targeted Statutory Regulation but think that different areas of Residential Management need to be looked at differently.
We are in favour of Government Licensing of Residential Managing Agents.
If a cache all system was to be used this is what we would propose:-
Sectors of the market experience problems such as Retirement Housing or Commercial Freehold Managers then these individual areas could become Regulated.
We hold £1 Million of Professional Indemnity Insurance cover, this level of cover is a stipulation for being FCA Regulated. A copy of our Certificate of Insurance can be provided upon request.
The Company was incorporated in December 1998 and is now known as Red Brick Management Limited which is registered in England under company number 03678444. The trading name of the company is Red Brick Management. The principals in the company have combined property experience spanning in excess of 40 years.
The Board of Directors are Ian Harvey, Lucie Shaw and Steven Cole.
We have 11 full time members of staff engaged solely on Property Management activities.
We make no secret of the fact that our organisation is well run, profitable, and free from borrowing such as bank loans and overdrafts. Our accounts are filed and available for inspection at Companies House. Further information may be provided upon request.
Our company is registered for VAT and therefore VAT is payable on our fees.
Our VAT Registration Number is 971 6568 80.
Yes. All public and private organisations are legally obliged to protect any personal information they hold and we confirm that we are registered under The Data Protection Act.
Our Data Protection Registration Number Z1768322
Further information on the Data Protection Act may be found by following this link www.ico.gov.uk/ to the Information Commissioner’s Office.
Welcome to the Red Brick’s privacy notice.
Red Brick respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how Red Brick collects and processes your personal data, including any data you may provide through this website when you sign up to our newsletter, purchase a product or service or take part in a competition.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Red Brick is made up of different legal entities as detailed below:-
This privacy notice is issued on behalf of the Red Brick (Stevenage) Limited Group so when we mention [”Red Brick”], “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the Red Brick Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. Red Brick Ltd is the controller and responsible for this website.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.
Full name of legal entity: Red Brick Management Limited
Red Brick Management Limited and Red Brick Insurance & Finance Services Limited are “Data Controllers” in their own right.
Data Protection Officer – Ian Harvey Managing Director
Email address: email@example.com
Postal address: 106 High Street, Stevenage, Hertfordshire, SG1 3DW
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
[This version was last updated on 24th May 2018 and historic versions can be obtained by contacting us.]
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. For example if you change your email address, name or payment details, or if you wish to cancel your registration, please let us know the correct details by sending a letter to the Data Controller at the above registered address. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes Full Name, username or similar identifier, age, nationality, marital status, title, date of birth, photographic identification and gender.
• Contact Data includes billing and correspondence addresses, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases made by you, feedback and survey responses.
• Usage Data includes information about how you use our website.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract and you fail to provide that data when requested, we may not be able to perform the contract we have (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you :
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• give us some feedback.
• Third parties or publicly available sources. We may receive personal data about you from various third parties as set out below:
• Personal data from the landlord
• Personal data from the management company appointing us as a managing agent
• Technical Data from the following parties
(a) analytics providers;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Encoded.
• Identity and Contact Data from data brokers or aggregators.
• Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you, the named manager or the freehold managing agent that appointed us.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new customer||(a) Identity
|Performance of a contract|
|To provide services to you including customer services||(a) Identity
|Performance of a contract|
|To manage payments for services||(a) Identity
|Performance of a contract|
|To provide Insurance services||(a) Identity
|Performance of a contract|
|To provide property management services||(a) Identity
|Performance of a contract|
|To manage our relationship with you which will include:
|(a) Performance of a contract
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity
|(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
|To deliver relevant website content to you and measure or understand the effectiveness of the advertising we serve to you||(a) Identity
|Necessary for our legitimate interests (to study how customers use our products/services and to develop them.|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||(a) Technical
|Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||(a) Identity
|Necessary for our legitimate interests (to develop our products/services and grow our business)|
We do not use, process or sell your date for marketing purposes.
PROMOTIONAL OFFERS FROM US
We do not use, process or sell your date for promotional purposes.
We do not currently have any marketing or communication services which require the option for you to opt out.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service.
For further information about cookies visit www.allaboutcookies.org. You can set your browser not to accept cookies and the above website tells you how to remove cookies from your browser. However, if you select this setting you may be unable to access certain parts of our site.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
• Internal Third Parties as set out in the [Glossary].
• External Third Parties as set out in the [Glossary].
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We share your personal data within the Red Brick Group. This does not involve transferring your data outside the European Economic Area (EEA).
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• Where we use certain service providers, we use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we only transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:-
• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
INTERNAL THIRD PARTIES
Other companies in the Red Brick Group and others acting as joint controllers or processors and provide IT and system administration services and undertake leadership reporting.
EXTERNAL THIRD PARTIES
• Service providers acting as processors who provide IT and system administration services including Microsoft, Qube Global and Shadowfax.
• Professional advisers acting as processors or joint controllers including lawyers, auditors, debt collection agencies and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
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No one can access our cookies except us.
We use three types of cookies on our site:
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QUBE Property Management Software is the backbone of our client property management, accounting and administration software.
QUBE are a specialist in providing property management and accounting solutions. Established in 1978 (formerly Estate Computer Systems).
Information on QUBE may be found by following this link http://www.qubeglobal.com/solutions/ to their website.
We have a comprehensive list of Preferred Contractors, independent of our organisation, who are capable of undertaking a wide spectrum of works, both small and large. We operate a robust purchase order system which ensures both quality and financial control of all works undertaken
We do not charge any additional fee for the tendering process on contractor selection for ‘day to day’ works or services. However, in line with industry practice we usually charge a fee when instructed to act as project manager for major works and/or when instructed to undertake any associated legal (administration) aspects, the cost of any such additional services being pre-agreed. A pre agreed fee may apply.
The majority of our contractors have worked for our clients for many years however we are always looking to add to our client contractor panel by bringing on board further contractors of proven ability and financial probity, able to comply with requisite Public Liability Insurance and Health & Safety criteria.
We operate a Client Money Manager system with HSBC Bank, all client funds are kept in sub accounts opened via HSBC.
We have robust processes in place for the issue of service/maintenance charge demands, and the recovery of monies payable from defaulters. In common with our clients we take the view that it is simply unfair that any one payee discharging his/her/their obligations in a timely fashion should have to subsidise another who does not. A process of incremental reminders and chasers, possibly leading to recovery action in some instances, has resulted in our first class record of service/maintenance charge recovery.
You can pay by cheque, internet banking or subject to client approval, by Standing Order. Details are included with service/maintenance charge demands.
Red Brick Management Limited is committed to minimising the impact of its activities on the environment.
The key points of its strategy to achieve this are: