Pansies before people

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    Pansies before people

    The managing agents of one of my rental properties, who have been vilified on Trust Pilot, when asked if they are considering relief for landlords whose tenants have defaulted on their rent have refused point blank to consider offer help and have told me I quote

    .. you need to accept the response we have at this time to maintain the development and carry out the requirements to protect leaseholders and the integrity of the properties.


    So until such time as HM The Queen grants royal assent to an Act banning the lawful collection of contributions to RMC Reserve Funds xxxx and xxxxxz will comply with alacrity. In the absence of such legislation we await payment of your Service Charge Demand in full and on time.

    I suppose that it would be out of order to name them















    #2
    What do you mean by pansies in this context please? I've really no idea.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      I mean that they would rather spend money on gardning than helping landlords.

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        #4
        They are going to struggle to sue you for non-payment with the courts closed.

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          #5
          Who do you think is going to pay to insure your building if you don't? Service charges are not being paid to a third party (as is rent for example). They are paid by contract to maintain something which you own (a lease) jointly with others.

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            #6
            I have no intention of not paying, whatever gave anyone that impression?

            Mr Dod, as a landlord since 1977 I am familiar with how the system works If others do not pay I will have t pay more.

            We do have a slush fund of some £80,000+, by the directors are refusing to call an AGM. I have approached CH about this but they are non concerned.

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              #7
              Failing to call an AGM is a civil matter, so CH would not be concerned.

              If others fail to pay, you cannot be made to cover the shortfall.

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                #8
                Originally posted by leaseholder64 View Post
                If others fail to pay, you cannot be made to cover the shortfall.
                Although in practice that is what happens when reserve funds are raided to cover a shortfall, instead of taking action against the offenders. Even worse when the offenders are the Directors (Directing the theft)

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                  #9
                  In response to
                  What do you mean by pansies in this context please? I've really no idea.
                  the reply was....

                  Originally posted by D P Dance View Post
                  I mean that they would rather spend money on gardning than helping landlords.
                  Gardening? Where or how does their email suggest gardening?

                  Some might doubt the veracity of some statements: What did you really mean, please?

                  Best wishes to all!
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                    #10
                    Gardening? Where or how does their email suggest gardening?

                    In the words "property maintenance" surely.. The service charges include sums to maintain the grounds.

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                      #11
                      I suggest the moderator remove this thread. None of it or the original post is particularly comprehensible. OP seems to be insisting FH should give a payment holiday to lessees. In a later post he/she denies that -- so the question asked is not possible to fathom, nor is the pansy aspect.

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                        #12
                        OP seems to be insisting ...

                        I am insisting on nothing. Merely raising a point for discussion. WRT to "pansies", please substitute the word "plants".

                        There are going to be some tenants who cannot pay their rent, and this may cause difficulties for landlords. The courts are closed, tenants cannot be evicted, even the bad ones, Landlords seem to be on a hiding to nothing here.

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                          #13
                          Originally posted by D P Dance View Post
                          I am insisting on nothing. Merely raising a point for discussion.
                          And that point is what exactly?

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                            #14
                            My point is that there are going to be some tenants who cannot pay their rent, and this may cause difficulties for landlords. The courts are closed, tenants cannot be evicted, even the bad ones, Landlords seem to be on a hiding to nothing here.

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                              #15
                              Originally posted by D P Dance View Post
                              My point is that there are going to be some tenants who cannot pay their rent, and this may cause difficulties for landlords.
                              It will also cause difficulties for the tenants who can't pay their rent, and for the freeholders/managing agents who are supposed to maintain properties properly.

                              Perhaps, rather than asking for 'relief' for landlords whose tenants have failed to pay the rent, the correct question for you to be asking is how the freeholder/managing agents intend to minimise expenditure, and whether they can reduce service charges while still providing for essential maintenance. Contributions to a reserve fund, for instance could potentially be reduced or postponed for some properties - and, if they are organising less work than normal, and perhaps visiting blocks less, managing agents should consider reducing their charges appropriately(although I think we all know that the latter won't happen unless a tribunal decision reduces agent fees).

                              It is possible that some landlords, and some other leaseholders, will struggle to pay bills because they are not receiving rent/wages themselves, and some may end up facing forfeiture proceedings once things eventually return to normal. Unfortunately, this is something that anyone who buys a leasehold property (or more than one leasehold property) has to give proper consideration. Service charges are a contractual part of buying a leasehold property, and whether you intend to rent the property out or live there as an owner occupier, you need to consider how long you can afford to pay service charges and ground rent if your income is reduced or stops altogether.

                              Freeholders/managing agents/RTMs, etc., need to be looking at how they can minimise expenditure, including putting back any major works that can reasonably be delayed, because they should be anticipating leaseholders having difficulty paying large bills. They should also genuinely demonstrate that they have been as reasonable as possible, and given every reasonable allowance for anyone who does end up defaulting before they start to add additional admin and legal charges, or try and commence forfeiture or other legal proceedings (again, Think we know that some won't do this).

                              I would suggest that anyone who thinks they might struggle to pay service charges would probably be wise to let their freeholder/managing agent know at the earliest opportunity and ask that they do what they can to reduce expenditure and allow payments to be deferred. If others in a property might be in the same position, get them to do the same.

                              As for "putting pansies before people"...
                              Is the gardener not a person? You are worried about your ability to pay bills, but what about the ability of the gardener to pay his or her bills? Managing agents could potential lay off gardeners to save that part of service charge monies, but that just means that the gardens need far more work further down the line, and another person has their current income reduced.

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