Special Levy

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    Special Levy

    I am a L/H on a development that has a marina wall.the marina wall has structural issues and over the last 18 months I have had to pay close to £30k in special levies as well as my normal service charge of £6000. This has almost bankrupted me. I was paying a set amount each month to try and manage the payments from salary and savings. Then after the latest in January 2021
    for 10k in 2 weeks in January 2021, the managing agents and the leasehold management company decided I couldn’t pay monthly anymore, even though I had paid every payment on time. I was told I had 2 weeks to pay the special levy. So far I have paid £5500 of this demand. But need to go back to paying monthly as I received another bill yesterday for the normal service charge for £2500. So in 3 months I have had bills for £12,500. I have lost my job due to COVID and have secured a lower paying job and am now working 2 jobs - 7 days a week to try and pay these crazy bills. My questions are:

    1. Is their a legal argument I can use so that the managing agents and the leasehold management company can accept monthly payments given COVID and the extaordinary demands for money as I am a single Mum working 2 jobs and having to find £12,500 every 5 months.
    2. Is it law that the management/leasehold company duty of care and legal responsibility to ensure that we the leaseholder are covers for these sorts of issues under our estate insurance. I understood when I bought the property we were but during the last 2 changes of management agents this prt of the policy fell through and wasn’t renewed? Surely I have grounds for a negligence claim. As I thought that part of the responsibility is that we would be covered as I am paying into my Service Charge for this to be covered. I speaking to the chairman today to understand why we weren’t covered.

    so any advice would be gratefully received as I cannot continue to find these huge sums of money with no end in sight especially for an issue that was and should have been covered by the insurance I was paying into.

    Thank you




    #2
    Is there not a reserve fund operated by the Management Company? That is the usual way in which large sums are spread over a number of years.
    Is there any reason why the Management Company cannot borrow monies so that the cost may be spread over several years?
    You should certainly enquire into whether or not the insurance was allowed to lapse and whether or not the works would have been covered by an insurance claim.
    In these unusual times, a Management Company should be making every effort to assist leaseholders.

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      #3
      I am due to speak to the chairman and will ask these questions. I appreciate your response and yes one would think that the management company Napier would but they have been very heavy handed and I would go as far as saying threatening.

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        #4
        Annual Service charge at £6000 is well above normal. Are you living in a retirement home ? How many flats are paying £6000 annual service charge in your estate ?

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          #5
          Does this FTT report relate to your site? :

          https://assets.publishing.service.go...y_2019_PDF.pdf

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            #6
            I do wonder what is the point of s20 LTA 1985. At least in this case, an application was made for dispensation,

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              #7
              our service charge is extremely high and we are not a retirement development. It is a marina development. I have now been told that the last special levy in January of !10k included monies for new pontoons. Pontoons I don’t even own. I said why have I been asked to pay for this and I was told that they will reimburse me back once they have figured out how much should have been paid by the flats that own those pontoons. I don’t understand when the L/H have already. We named to pay such high special levies for marina wall are now expected to pay for works on the replacement of pontoons. thaThe service charge is extremely high I

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                #8
                Can I ask the management limited company to evidence what was spent on pontoons that I have to pay towards and wait for a reimbursement. Can I refuse to pay as I cannot understand why I am paying for something that I don’t own and don’t agree with as we had perfectly good pontoons before?

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                  #9
                  Your service charges should be reasonable and the costs should be allocated fairly, You should check the wording of your lease to see what it states regarding your liability but on the face of it, you should not be charged for something which benefits others.

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                    #10
                    Thank you for responding I will check my lease

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