Landlord taking tenant to county court for reserve fund contribution not paid

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    #16
    Originally posted by Starlane View Post

    They set up a reserve fund before and used the money for annual expenses and no BIG expenditure, they have failed to repair in previous years and not done any decorating according to the lease since 2013
    That changes everything, if they have misused monies in the past and they refuse to supply information regarding the purpose of the funds, you have grounds for non payment,

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      #17
      It might be prudent to ask the court to remit this to the property tribunal to hear the issues and make a judgement. They are possibly better placed than the cc to deal with it, but I say that only because what you have disclosed, that s20 money was collected at a previous date and not used for the specific purpose. I do think it's difficult to prove that there is any wrongdoing with these issues though as providing the monies was spent on the property, it is possibly irrelevant which fund it goes to or comes out of, with the caveat depending upon the terms of the lease. I'm sure people here with more experience with the property tribunal might comment.

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        #18
        It is helpful when people post their issues if they disclose fully all of the issues and the relevant parts of the lease, otherwise it's a bit like shooting in the dark. We might hit the target, but then again other people also in the room might get hit, but more likely is we'll miss the target all together.

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          #19
          Originally posted by eagle2 View Post

          That changes everything, if they have misused monies in the past and they refuse to supply information regarding the purpose of the funds, you have grounds for non payment,
          I think I am going mad sometimes, my understanding is that a reserve/sinking fund is for specific major expenses ..well that is my understanding according to RICS ARMA etc...so all I have done is ask what the monies are for....I think that is a reasonable request when someone is sending me a demand for a small amount and then £1600.00 with no explanation what the monies are for. Even a clause in my lease states they need to explain the calculation or how they have arrived at the figure...yes in the past they collected monies and it was not spent on any major expenditure. I think they use the monies for day to day expenses or as and when stuff comes up which is not what the fund is supposed to be for. Also by not budgeting and collecting the monies for the long term means I get stung again for more monies for major works if and when they come up.

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            #20
            I think the poster needs to set out clearly the position. We are being drip fed here with little bits of information slipping out here and there and frankly it doesn't hang together.

            What does the lease clauses say about service charges and sink fund in full?
            what are your service charges?
            what does the court document say they are claiming?
            Who is suing you?
            How much in arrears of the service charge are you?
            Do you pay ground rent?
            Are you in arrears with the ground rent?
            Have you a copy of the last set of accounts? If not, download them and see what they say.

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              #21
              Originally posted by Jon66 View Post
              We are being drip fed here with little bits of information slipping out here and there and frankly it doesn't hang together.
              Have you read the other posts "Reserve fund" 12/05/21 and "RICS code" 05/05/21

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                #22
                No, which is why new threads shouldn't be started when there are already threads on the same subject by the same poster 🙄

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                  #23
                  Originally posted by Jon66 View Post
                  No, which is why new threads shouldn't be started when there are already threads on the same subject by the same poster 🙄
                  Agreed. It's forum policy to keep related information together and not spread this over a number of threads, readers should not be expected to look for other threads by the same OP for information, and the relationship of other threads will become less clear over time.
                  I also post as Mars_Mug when not moderating

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                    #24
                    Originally posted by Moderator2 View Post

                    Agreed.
                    Maybe you will be able to combine all three posts into one then for the benefit of the readers.

                    Thank you.

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                      #25
                      Originally posted by Moderator2 View Post

                      Agreed. It's forum policy to keep related information together and not spread this over a number of threads, readers should not be expected to look for other threads by the same OP for information, and the relationship of other threads will become less clear over time.
                      So can you transfer them all into one thread please?

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                        #26
                        I considered merging, but the threads seem to overlap timewise, and the combined result might be interleaved to the point of being difficult to decipher.
                        I also post as Mars_Mug when not moderating

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                          #27
                          Thank you Moderator 2

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