RICS code

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    #31
    Originally posted by Starlane View Post

    Hi Ram you have summed it up nicely, I am outnumbered every time!
    My time is spent most days with problems identical to yours. Directors and managing agents refusing do their job, refusing to let you look at the accounts and receipts, refusing to allow you to have a shareholder list. all of which are criminal offences, but they don't care as they know leaseholders will do nothing as it's too much hassle or expence to go to court.

    In one instance it took 2 years and too much of my free time ( then ) where we eventually got rid of the directors; they resigned on mass, because of my letters ( it would appear ) stating the criminal offenses the directors were guilty of.

    Your only option is to go to court.


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      #32
      Thank you Ram for all your help

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        #33
        It looks like you are being asked to pay the total expenses and the other leaseholders are enjoying a free ride at your expense. Even ram does not charge £750 per unit !!! I would avoid applying to the FTT to appoint a manager, that raises other problems, there have been horror stories reported on here and when you wish to sell, you may find that prospective purchasers withdraw when they discover that the manager reports to the FTT.

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          #34
          Eagle 2 I hear you however the others are being asked to pay but different amounts. I dont think I have much of a choice so I will as RAM suggested start preparing my case and making an application to the FTT to appoint a manger which will be another expense. I just want the lease runs as it should be and I have the right to request that it is...

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            #35
            Before appling for an F.T.T. APPOINTED MANAGER, you must send a Preliminary Notice to all leaseholders, and same addressed to the Company.

            A Preliminary Notice notice is attached.
            Most people i come in contact with have difficulty with this.
            You MUST go by the examples at th bottom of each page -- withou fail.

            Especially
            Breaches of obligations owed to the tenants under the lease:
            1.1 Etc (set out the requirements of the leasee and particulars of the breaches).
            2. Unreasonable service charges:
            2.1 Etc (set out particulars to show unreasonableness of specific service charges).
            3. Breaches of Code of Practice:
            3.1 Etc (set out the specific clauses of the Code of Practice and particulars of the breaches).
            4. Other circumstances:
            4.1 Etc (set out the particulars of the specific circumstances other than those above)

            Rics code of practice - 3rd edition can be found at my web site ( not updated for a while )
            http://ram2.hostbyet2.com/

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              #36
              Thank you so much RAM this list is awesome!

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                #37
                Forgot to add the Prelim notice

                found here
                https://berniewales.co.uk/wp-content...e_Template.pdf

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                  #38
                  Perfect thank you

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                    #39
                    Has the management company sent you an annual statement of actual expenditure showing the total expenditure and your share? If so, will you please post it here, or send me a private message and I am willing to look at it for you.

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                      #40
                      Originally posted by Starlane View Post
                      I just want the lease runs as it should be and I have the right to request that it is...
                      I am just trying to warn you that other leaseholders have applied to the FTT, managers have been appointed but the block has not been run as the leaseholders have expected and removing the managers is not as easy as appointing them in the first place.

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                        #41
                        Originally posted by eagle2 View Post

                        I am just trying to warn you that other leaseholders have applied to the FTT, managers have been appointed but the block has not been run as the leaseholders have expected and removing the managers is not as easy as appointing them in the first place.
                        Yes I can see some of the strengths and weaknesses however it cant get any worse than it is now excessively high service charges, they send me a bill with no access to documents/invoices/quotes etc and no discussion or real communication with me, I have been frozen out and no I don't even get an end of year statement of account.

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                          #42
                          Originally posted by Starlane View Post
                          no access to documents/invoices/quotes .
                          tHAT IS ILLEGAL.



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                            #43
                            Originally posted by ram View Post
                            tHAT IS ILLEGAL.


                            Yes I have tried to explain and explain and explain and now they have just sent me a letter stating they want monies for a reserve, they dont state what the reserve monies are for? We have a clause in the lease which requires a contribution to a sinking fund but not a reserve? I am assuming they mean the sinking fund ? Is this the same thing? I thought any monies requested in advance for a sinking fund/reserve need to be reasonable and quotations provided for the proposed works. No previous directors have contributed to the sinking funds so the works fall on the tenants in situ now.....grrrr!!

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                              #44
                              Yes sinking fund and reserve fund are terms used to mean the same thing. It is usual for the lease to state that such a fund may be included within the service charge contributions, so they should not be allowed to simply send a letter requesting monies. There are often other conditions specified within the lease eg it may need to be held in a separate bank client account and used only for specific purposes. You have a right to know how it has been calculated, what it is for and the amount should be reasonable but it is not necessary to obtain quotations. Unfortunately, I have never known a Tribunal to reduce a reserve fund or find that it was at an unreasonable level, so I recommend that you do not use that as your only or main reason for making an application to the FTT.

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                                #45
                                1. To set aside ( which setting aside shall for the purpose of the Sixth Schedule be deemed an item of expenditure incurred by the Lessor) such sums of money as the Lessors reasonably require to incur in replacing maintaining renewing and decorating those items which the lessor hereby covenants to replace maintain renew or decorate ( such sums set aside to be a sinking fund)
                                2. Lease states if for any Accounting Period the service charge shall have provide to be Too great then the surplus so paid shall be carried forward by the Lessor and credited to the account of the lessees in computing the Service charge in succeeding accounting periods or in the Lessors discretion shall be transferred to the sinking fund.

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