Canary Riverside helps pave the way for transparency in insurance commissions

The FCA has today announced proposals to give new rights and protections to leaseholders and improve transparency in the hitherto murky market of hidden commissions included within the buildings insurance premiums paid by leaseholders. As the Insurance Post notes, “[Canary Riverside] was the case that alerted the FCA to these poor remuneration practices and urged it to investigate further.”.

We were aware the FCA had been closely following our case, which was generating comment in the insurance press, and in March this year we wrote to the FCA (copied to Michael Gove’s department) setting out our story and calling for the FCA to change the rules.

Under the FCA’s proposals leaseholders would be defined as customers of buildings insurance - entitling them to the same information as the Landlord when it comes to information regarding commissions and other remuneration contained in the insurance premiums - and brokers would be required to justify to leaseholders the insurance policy premium provided ‘fair value’.

Our well-publicised FTT victory had necessitated a court order to be issued against the Landlord’s broker in order to compel them to disclose the commissions being paid to our Landlord (via WMS, a connected company) - because the Landlord had refused to provide this information and would not permit Reich to provide it either. More details of our FTT victory - whereby the FTT determined that the £1.5M of commissions (£1.6M incl IPT) paid to WMS, a company owned by our Landlord, were not payable - can be found on the Insurance S.27A page.

The Canary Riverside case first caught the insurance sector’s attention when the FTT ordered Reich (the Landlord’s broker) to disclose the commissions - eg, the Insurance Post and the Insurance Times. The disclosure confirmed what lessees had always believed: that the Landlord was earning substantial commissions through placing the buildings insurance. In ten years they had been paid >£1.5M, ie, £150k p.a, equating to £350 per flat p.a.

The FTT’s decision in December 2022 that none of the £1.5M commission paid to the Landlord via WMS was payable by leaseholders was also widely reported, including in the Financial Times and Insurance Post - scroll here to the Media heading to find more articles.

The FCA’s proposals, if implemented, would spare leaseholders from having to endure the two year battle we went through to obtain the scrappy piece of paper that Reich finally disclosed - which was enough for us to calculate the commissions and for the FTT to rule that the £1.5M paid to the Landlord between 2010 - 2019 was not payable by leaseholders*. However, the proposals do nothing to compensate leaseholders for the thousands of pounds in commissions already pocketed by landlords. Having finally acknowledged that leaseholders have not been getting ‘fair value’ the FCA needs to recognise that retrospective justice is required and set about securing this. The hidden commissions scandal should be recognised as being on a par with the PPI mis-selling scandal. It needs to be fully investigated by the FCA, with fines imposed and leaseholders compensated. 

*The FTT ruling only applies to the 98 leaseholders who were party to the S.27A application, and is being appealed by the Landlord.

Gas safety notice

Important notice for flats with gas hobs.

Say no to the restaurant and bar roof terrace on top of the gym - object by 20th April

The Landlord has made a second application to Tower Hamlets Council for planning permission to develop a rooftop restaurant and bar for upwards of 90 patrons on top of the gym building and former Battery Club.

PA/23/00513/NC is for a design that is virtually unchanged from the application that was rejected by the council last summer. Instead of addressing the noise concerns that caused the Council to refuse the first application it appears the Landlord is relying on a new ‘Environmental Noise Assessment’ report that claims the rooftop terrace “would not be introducing a new or different noise to the area”.

According to the new noise assessment Canary Riverside residents already live in an exceptionally noisy location and so a new rooftop terrace with 100+ patrons would be unnoticeable above the ‘usual’ noise levels that residents already endure on a daily basis. ??? This is news to residents who enjoy living at Canary Riverside because it is a peaceful location…

The proposed terrace would impact all flats with windows and doors facing into the gardens, particularly in Belgrave Court and Eaton House. Eaton House and Belgrave Court ‘A’ residents are sheltered from the noise from the Mala terrace by the large wall and the gardens and noise from the Hotel terrace is negligible. Traffic noise is also not an issue for garden-facing rooms and the report presents an entirely different reality to that experienced by residents.

The Council rejected the first application on the grounds of unacceptable noise levels, particularly for flats above the rooftop terrace:

“…environmental health officers have confirmed that [the 1.8m glass balustrade] would only reduce the noise for residential units at the same storey or lower than the terrace. Given, that a number of the resident units are located at higher storeys than the terrace, this mitigation method would not be effective.”

The new application provides no additional noise mitigation. There would be nothing to protect residents from noisy gatherings on the rooftop terrace - which could range from corporate drinks events through to wedding celebrations or ‘bottomless brunches’ of the sort previously hosted by 28 West. We ask residents to object to the application, either by way of the on-line portal [click here: NB you have to register first to be be able to use the online portal] or by sending an email [click here for email address]. If appropriate please attach photos to your email that show the impact of the proposals to you. Objections must be made by 20th April.

The principal objection is in relation to noise disturbance. The terrace is open air and its location in the centre of our estate will result in significant noise disturbance through its extensive operating hours. Eg, from customers when dining/drinking, when leaving, staff clearing away plates and bottles and possibly music. Just a dozen lively people enjoying themselves on a warm summer’s evening can be noisy enough: imagine 80 talkative diners or a stand-up reception/roof-top wedding party with 100+ guests. Our buildings act to amplify the noise, with sound waves bouncing off hard surfaces. You may have your own memory of past disturbances when the Battery Club’s noisy patrons left through our gardens, or the clatter of dishes from the Ubon kitchens late into the night.

The Council dismissed residents’ concerns regarding loss of privacy, light pollution, nuisance/security etc. Please familiarise yourself with the Officer’s findings from last year before penning your objection to the new application.

Please use examples to illustrate your objections - eg, from past experience, or how the proposals directly impact you/your flat.

You might also be concerned about issues such as loss of view, or the impact on the value of your apartment: these are not things that the council are allowed to take into consideration. For examples of what is/is not a relevant planning consideration please click here.

The Landlord has already obtained planning permission to redevelop the 3rd and 4th floors to add bi-folding doors and a terrace on the river-facing walls. This application was approved without residents having been notified of the application. However, it has been granted and these enhancements to the existing two floors would make it an attractive venue. The roof terrace will cause considerable noise disturbance to residents. Please ensure you submit your objections to the roof terrace by 20th April 2023.

Companies House Register of Overseas Entities reveals Christodoulou as the owner of the 'BVI Companies'

As part of the UK Government’s effort to improve transparency when it comes to property ownership, ‘offshore’ companies that own UK property are now required to register details of the company’s beneficial owner with Companies House.

This Register has revealed that Yiannakis ‘John’ Christodoulou, the owner of Canary Riverside, is the beneficial owner of three BVI companies (Palm Trees Paradise Holdings, Everest Investments Trading Limited and Hermitage Lane Investments) that together own 25 flats in Canary Riverside.

The significance of this is two-fold:

• In 2018 Palm Trees Paradise (PTP) undertook a concerted effort to remove the then-S24 manager, Alan Coates and sought to solicit support from leaseholders. This included a solicitor’s letter, sent to every leaseholder, and a written denial that PTP had any connection to the landlord. Residents also reported a representative from Murray Hay knocking on apartment doors in July 2018. PTP subsequently applied to the FTT to remove Mr Coates and again denied any connection to the Landlord. At the FTT hearing in June 2019 PTP and CREM had separate legal representation and put forward separate nominations for a S24 manager. The FTT treated them as if they were separate entities - but determined that neither of their nominees were appointable. PTP did not participate in the subsequent hearing that led to the appointment of Mr Unsdorfer (albeit the Landlord put forward two nominee managers).

• The flats owned by the BVI companies appeared to have been assigned to them from the previous owner (Morgan Lodge) with service charge and utility debts still owed: this was highly irregular. In addition, the companies apparently continued to withhold payment of service and utility charges, requiring the S24 managers to engage in lengthy legal proceedings to recover the substantial debt. This was made more difficult because of the offshore ownership and further lease reassignments between the offshore companies (from Gold Capital to Hermitage Lane). Mr Coates highlighted this issue to the FTT in his report of June 2018 and Mr Unsdorfer referred to recovering the BVI companies’ debt in his November 2022 newsletter to leaseholders - which illustrates the time it has taken to recover the monies owed to the service charge, from companies we now know to be Landlord-owned.

Financial Times article highlighting the issue of insurance commissions paid to landlords and their agents

The Financial Times today highlights in an article the issue of insurance commissions paid to landlords and their managing agents, and refers to the recent Canary Riverside Tribunal decision which determined that £1.6M in commissions (incl. IPT) were not payable.

The FT article also refers to New Providence Wharf, another estate on the Isle of Dogs. Following an FT report in 2021 Ballymore, the landlord and managing agent at NPW, stopped taking commissions (which had been in excess of £150k p.a. and now levies a £10k ‘placement fee’.

Michael Gove sets out intention to ban insurance commissions for freeholders

Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, has outlined plans to ban freeholders and managing agents from taking commissions when taking out buildings insurance.

Mr Gove has written to the CEO of the Financial Conduct Authority (FCA) setting out how he plans to move forward on the issue of commissions and transparency in relation to leasehold buildings insurance. Commentary on Mr Gove’s letter by the Insurance Post can be found here. The Insurance Post references the Canary Riverside FTT decision.

Government vows to scrap 'feudal' leasehold system

Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, yesterday vowed to scrap the ‘feudal’ leasehold system including ditching the ‘25% rule’ that currently prevents estates like ours being able to obtain the freehold (‘enfranchisement’) and Right to Manage. In TV interviews with Sophy Ridge (Sky News) and Laura Kuenssberg (BBC) Gove said that the government will make it easier for leaseholders in flats to take over their buildings and bring them into common ownership.

The press release on the LUHC website states that Gove “will also take action to ban managing agents and freeholders from taking commissions when they take out building insurance. This is in response to a report from the Financial Conduct Authority that suggested commissions make up almost a third of premiums.”

The FTT application by Canary Riverside leaseholders attracted publicity in the insurance industry last year when the Leaseholders obtained a decision ordering Reich, the Canary Riverside landlord’s insurance broker, to disclose the commissions paid to it and the landlord. That disclosure, which confirmed that a landlord-related company was receiving between £150,000-£200,000 pa in commissions, was pivotal in the FTT determining that £1.5M of commissions had been unreasonably charged to leaseholders.

The Residents’ Association of Canary Riverside has actively campaigned for leasehold reform, supporting the Leasehold Knowledge Partnership, the National Leasehold Campaign and the End Our Cladding Scandal campaigns.

New entry fobs ready for collection

FTT decision regarding insurance commissions

Following an application by 98 leaseholders at Canary Riverside challenging the reasonableness of insurance premiums paid between 2010 - 2019 the FTT (First Tier Tribunal) has determined that commissions totalling £1.5M and associated Insurance Premium Tax of £121k was not payable.

The Tribunal’s decision, issued on 22nd December 2022, can be found here, and further information about the Tribunal proceedings here.

This is a significant result for the applicant leaseholders at Canary Riverside and further helps push the issue of secret insurance commissions into the open. The FTT’s decision was reported by the Financial Times on Saturday (link here).

Commentary on the decision can also be found on the Nearly Legal blog here and on the LKP website here.

Recycling - a guide

Please see the tables below for details of what can and cannot be recycled by Tower Hamlets council.

Please do not leave items of rubbish or recycling on the floor of the chute room as this is a fire hazard.  It may also prevent access to the chute and recycling bins by your neighbours.  If your rubbish/recycling does not fit down the chute or in the recycling bins you must take it down to P1 for collection - see Bulky items. Ask your concierge if you are unsure as to where to leave it. It is your responsibility, not the cleaner’s!

Electricity and gas prices

Important message for residents:

Because of the BNO-status of our Estate (see the Electricity page for more information) our electricity supply is deemed to be commercial and currently does not qualify for the domestic price cap. Instead we qualify for the commercial discount which is not as favourable as the domestic price cap.

The £400 discount was also an issue but following lobbying, particularly by park home and houseboat owners help may be at hand - see this article and this link to the Government announcement. We await further announcements as to how the £400 discount will be paid to households like ours that are ‘off grid’.

Similarly the gas supply to the boilers that provide our hot water (and the supply to gas hobs where fitted) are also deemed to be a commercial supply, coming under ‘district/communal’ systems. This is an issue affecting thousands of flats, most of whom are reliant on ‘district heating’ systems for their heating. See this recent BBC article for more information.

Our neighbours at One West India Quay are in a similar position, being also a BNO and with a district heating system.

Whenever you see this issue raised we urge residents to respond (retweet, email, comment etc) to try to ensure households like ours are not forgotten. Thank you.

CAR PARK CLOSURE SUNDAY 2ND OCTOBER

On Sunday 2nd October - the same day as the London Marathon - the main car park fire shutter will be tested between 8am - 5pm. This affects both P1 and P2 parking levels.

Because the London Marathon road closures effectively prevent residents from being able to use the car park on that day Parkgate Aspen hope that this will cause minimal inconvenience.

Tree replacement works

Our central trees (opposite the hotel) are being cut down as they are dying of cankers disease. In the advanced stages, they present a danger of falling - as one already did during high winds this year.

Please read this update to find out more and to see the planned replacements.

Cladding update

Rooftop planning application refused

The application to create a 6th 5th floor roof terrace restaurant on top of the Gym/Club building has been refused by LBTH’s Development committee.

A copy of the decision notice can be found here and the planning case officer’s report recommending it be refused here.

The Council refused the application on the grounds that it would cause unacceptable noise levels which will have a detrimental impact on neighbouring occupiers - aka the residents of Canary Riverside. The absence of public benefits associated with the application was balanced against the negative amenity impacts.

Thank you to everyone who wrote in to object to the application.

Westferry Circus - weekend road works/ramp closures

Canary Wharf has advised us that they will be carrying out repairs to the expansion joints on the north and south ramps to Westferry Circus. The north ramp is opposite Berkeley Tower.

The dates are scheduled below.

• 11th/12th June - South Ramp

• 18th/19th June – South Ramp

• 25th/26th June – North Ramp

• 2nd/3rd July – North Ramp

 The proposed working hours will be 8am – 7pm.

As with previous works we are advised that the noise will mainly be concentrated on the first Saturday when the digging/breaking out takes place.

 Buses will be re-routed accordingly: please check bus provider/TfL websites for more information on the diversions.