Block Management - making unofficial charges to some flat owners; no official notices

[brizecox]

So we've (via a Limited Company) got a couple of flats in a block which hasn't been charging an official maintenance charge for some years, I mean official by servicing notices, advising of costs, companies house reports etc., but appears to be taking money from some residents who have long standing direct debits or standing orders with the maintenance company. They are doing limited maintenance e.g. window cleaning and other limited stuff but that's it. When I contacted them during a lease extension (there's been no need before; the common areas are ok; I actually didn't realise what was going on) recently I asked about maintenance charges and after a number of exchanges (they clearly are disorganised) sent me a statement showing that I hadn't paid anything for some years; they also didn't (and never have followed up on this - this is a year or more ago) follow up with asking me for payment even when I question about why they hadn't contact me, who did they sent notices to etc. Reading the legal stuff on the web, it appears that they can't demand money unless the right notices are served and that there is a limit of 18 month for chasing up these kind of debts anyway. My three questions are, 1) what's your view of the legal situation, 2) has anyone else faced this before (and what have you done), 3) what happens about insurance (or is this another matter -that's the concern of the owner of the block.... even fixtures like kitchen and bathroom?

[Gordon999]

The leaseholders should be setting up a RTM company to operate the service charge accounts.

[JK0]

Pay up IIWY if you want your lease extension.

[brizecox]

Pay up IIWY if you want your lease extension.

I've got the lease extension.... for both properties; absolutely no problem at all.

[brizecox]

The leaseholders should be setting up a RTM company to operate the service charge accounts.

Yes, but that's not anything that I can influence... at present they appear to be taking money from some residents who know that they should be paying maintenance charges, and know no better - they aren't aware of the requirement for proper notices etc etc - and others like me who aren't paying and aren't being asked for money.

[HazeltonLane]

Normally the freeholder (or managing agent if they have one) would take out insurance for the block and would be required to provide you with a copy of the policy upon request.
That will be stated in your lease (who is responsible for insurance).
Whether your fixtures & fittings are covered depends on what the policy says.

[brizecox]

Thanks... that makes sense, so the freeholder (probably more than me) is going to be concerned that the building is insured. I will check with the Freeholder....