Service Charge Percentage Wrong

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    #16
    I believe statutory interest on debts is simple interest, not compound interest.

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      #17
      Capping sounds like something previously mentioned in regard to housing association property. I seem to remember that the conclusion in that case was that the capping had been voided by subsequent assignments of the freehold.

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        #18
        Originally posted by leaseholder64 View Post
        I believe statutory interest on debts is simple interest, not compound interest.
        Ok fine , I can take simple interest

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          #19
          If the percentage changes for any reason am I not supposed to be informed? Or it should be added on to the Lease. None of that had taken place.

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            #20
            The important question is is this housing association property?

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              #21
              No, it’s not, it’s independent, just leasehold

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                #22
                In that case none of this makes much sense. Are you sure you are reading your lease? -- leases are not worded that way -- you are paraphrasing it out of existence. 1% of what? 1.1% of what. How does the lease define service charges? How does lease define the building. The EXACT words would be helpful not your interpretation of them. What is this capping business in your lease exactly? - why would any lease include that? - exact words please.

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                  #23
                  Here it is - have edited some of it

                  COUNTERPART L E A S E
                  of Apartment Number xxxx


                  LESSEE'S PROPORTION OF MAINTENANCE EXPENSES
                  Block Costs - Part A Proportion -1.11 % Estate Costs - Part B Proportion - 0.99%

                  Block costs includes- Repairing re-building re-pointing,Painting,Keeping the Gardens and Grounds in good condition, the provision maintenance and renewal of any other equipment,Insuring the Buildings, Cleaning the Common Parts and the Storage Areas, Cleaning as necessary the external and internal faces of all windows in the Common Parts, Providing operating maintaining and (if necessary) renewing and adding toThe fixtures fittings and any furnishings provided in the Common Parts and the Storage Areas,Any electronic security system in the Common Parts,Maintaining the Bin Stores and providing and arranging for the emptying of receptacles for normal household rubbish within the Bin Stores for the use of the lessees of the Apartments,Providing operating maintaining and (if necessary) renewing and adding to the fire­ fighting appliances communal television aerials and such other equipment,Generally managing and administering the Maintained Property and the Apartments and the Amenity Areas (excluding the Access Areas and Parking Spaces)

                  Part B - Estate Costs
                  Generally managing and administering the Access Areas and Parking Spaces,Inspecting repairing maintaining and resurfacing or replacing (where necessary) the Parking Spaces and the Access Areas and all Service Installations forming part of the Access Areas and Parking Spaces and clearing snow fi'om the Parking Spaces and Access Areas

                  The Lessee shall pay the Lessee’s Proportion of the Maintenance Expenses shown in the heading to this Lease.

                  If the Lessee shall at any time during the Term object to any item of the Maintenance Expenses as being unreasonable or to the insurances mentioned being insufficient then after the Lessee has paid to the Management Company the Lessee’s Proportion of the Maintenance Expenses in accordance with paragraph x of this Schedule the matter in dispute shall be determined by arbitration in accordance with Clause x The costs of the arbitrator appointed shall be borne equally by the parties unless he otherwise directs. After the decision of the appointed arbitrator any overpayment by the Lessee shall be credited against future payments due from the Lessee to the Management Company under this Schedule or (if the Lessee so requires) repaid to the Lessee.



                  (Apologies capping was used out of context by me)

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                    #24
                    This is what is in my lease. However I have been paying an extra !% for INTERNAL AREAS, which includes maintenance of internal communal area, Lift and its operations- all of which my flat doesn't use

                    the % is calculated from the - Total anticipated expenditure of the entire apartment blocks

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                      #25
                      Nothing in what you have quoted excludes the internal common parts.

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                        #26
                        Paying less than 1.11% of the internal costs doesn't make sense, as you seem to be saying that cost is spread over a smaller number of flats. I.E. it would imply that of the 90 flats paying block costs, 100 have to pay the internal charges!

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                          #27
                          Originally posted by leaseholder64 View Post
                          Nothing in what you have quoted excludes the internal common parts.
                          INTERNAL AREAS- includes maintenance of internal communal area, Lift and its operations

                          Why should I be paying for these? Even if I have to, should it not be in the 1.11% Block cost

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                            #28
                            leaseholder64,

                            block cost is 1.11% for all flats, say 100, internal area cost is an extra 1% paid by say 96; some- 4 do not use internal areas and do not pay this extra 1% ( I have found one such flat owner with same configuration as my flat, he doesnt pay this extra 1%).

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                              #29
                              The lease says that you pay 1.11% of the Block Costs (as defined) and 0.99% of the Estate Costs (as defined). It does not say any different. What your friend pays is irrelevant. Your usage of lifts (or otherwise) is totally irrelevant.

                              You are on to a loser arguing that you do not pay what the lease says you are to pay.

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                                #30
                                AndrewDod,

                                You seemed to have missed the point of extra charges:
                                I am paying Block cost 1.1%, ( in the lease) and Estate cost 0.99% ( in the lease) and Internal apartment cost 1%( NOT in the lease)
                                why am I paying this extra 1%- which a similar apartment is Not paying !!

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