Failure to issue Service Charge Estimates/Statements

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    #16

    Our house has been put in order and we are not the necessary compliance.

    We're not for a moment trying to quash legitimate criticism.

    What I'm talking about is a circular level of nuisance that goes something like this:



    * Why does our insurance cover things we don't need like terrorism cover and data loss for individual directors.

    It doesn't. Here's the policy

    * We should not be paying for these things. This is the Directors ripping us off. Using our insurance for their personal protection.

    We're not. We told you so. Read the policy.

    * Letter to residents: It is wrong that we are being insured for things we don't need. Why are we paying contents for insurance for a director's apartment.

    Sorry. We've tried to made it clear. These things are not covered in our insurance. No director has any contents coverage through the company.

    * Second letter to residents: There they go again. Telling the same lies to protect themselves.

    Have another copy of the policy. Please read it.

    * It's probably a forged document anyway.

    -------------------------------------------------------


    * Why are some people allowed pets. The lease says no pets. Lots of people have pets.

    Most people abide by the terms, so 'lots of people' is untrue.

    * My neighbour has a dog.

    Yes. A puppy she got for Christmas. We have written to hear to say she is in breach of lease.

    * Letter to residents: Lots of people have pets. The lease says no pets.

    No. One resident did have a dog. They have now moved on.

    * Why shouldn't people have pets? This is the directors using lease to their own advantage. Discriminating against other people. Bad practice.

    So, now you think there should be pets. Fine, propose it for the AGM and we can discuss it.

    * There's no point me coming there. You are self-elected. Only acting in your own interests.


    -------------------------------------------------------

    * Director followed me in the street. This is harassment.

    Have you reported it to the police?

    * I will not be intimidated. This is criminal behaviour.

    Have you reported it to the police?

    * I will not be silenced. You all lie, take our money and rip us off.

    Have you reported that to the police.

    * How dare you tell me what I should and shouldn't do. You have no right. This is just another case of harassment.

    -----------------------------------------------------------



















    Last edited by SELLL124; 23-02-2019, 04:38 AM. Reason: typos

    Comment


      #17
      I am glad that you have put your house in order. The problem is that once a leaseholder loses confidence in the directors, he/she will think that everything is wrong and he/she will exaggerate. It will take time to restore confidence, a meeting will probably help in which you make available all the documents. An apology for getting it wrong in the first place will also help.

      If the lease says no pets are allowed then you have a duty to ensure compliance with the lease and calling an AGM is not an appropriate response.

      If someone claims that they are being followed, they deserve a denial or an explanation, not a statement to report it to the police.

      You do not seem to be handling the problem very well.


      Comment


        #18
        I suggest OP buys a copy of the "RICS Residential Management Code" which sets the standard for management of the service charge account for a block of leasehold flats.

        Comment


          #19
          Thanks for those who've contributed.

          I'll end this post for now as there isn't ample space or time to set out the full details of a dispute that is now in its third year.

          We have always worked to be an honest broker.

          I was trying to depict someone for whom there will never be the right answer and for whom whatever we say will be wrong, and frankly, someone who has sought to put out false information.

          This is a person who in three separate court hearings has had three different judges shouting at him ... 'SHUT UP' as he has gone off in to another of his discourses.

          At all times we have responded civilly and always provided detailed responses. Such as in the harassment claim. Of course, we denied the claims, but we have done so politely, and under a 'statement of truth' what is more. So ultimately, if he still wished to press that case then it would require investigation by the police.

          Meanwhile, if someone wishes to press for a change in the terms of the lease, then, yes, that would have to happen via the forum of the AGM. I think it has been misunderstood here that we were not enforcing compliance, which we did.

          Yes, we are now properly conversant with the "RICS Residential Management Code" and our obligations under the LTA.

          Thank you.

          Sell124



          Comment


            #20
            I am not defending the leaseholder’s actions, I think that you are extremely fortunate that he does not appear to have the knowledge to take the appropriate action which would cost the Company and its officers a considerable sum of money.

            Does the lease say that service charges are payable monthly?

            Do you send out service charge demands?

            Have you started issuing service charge estimates?

            Have you started issuing certificates at the end of the year?

            What happens to any amounts overcharged? Ie the difference between the monthly payments and the actual service charge expenditure?

            Do the service charge monies go into a separate bank client account? Do you understand now that the monies do not belong to the Company?

            Have you stopped using the reserve fund for your “daily costs”?

            Have you stopped “forestalling” expenditure?

            Comment

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