Withholding Service Charges

[Jimmy_Mac]

Hi there, I have a mortgage on a leasehold maisonette, in a block of about 20 others with its own car park.

Mine and a few of the neighbours' cars have recently been damaged by kids using the car park as a shortcut/play area. The management company seem to be reluctant to do anything about it despite numerous emails and phone calls. I have suggested solutions such as installing CCTV, signage to inform people that the site is private property, and (I think the best solution) putting a load of bramble bushes against the fences the kids climb over. The management company are really digging their heels in for some reason....

My question is: Can I withhold the service charge if they don't do anything about security on the site?

Thanks

James

[jeffrey]

No, you can't. What MC's obligations are largely depends on what the lease says. Does it mention security measures?

[sgclacy]

Just amplyfying the point made by Jeffrey. The lease may not allow the management company to recover the costs of CCTV and other improvements, if they expend the money and another lessee challenges the costs at the LVT the management company may find that they can't recover the costs. The lease will not allow them to recover the consequental shortfall in the service charges, so unless other lessees make voluntary donations to the management company the company could become insolvent and fold.

[Gordon999]

You cannot refuse to pay service charge but you can write to all the other flat owners and tell them the problem and how it will can loss of 5%-10% of sla e value and you want to get CCTV camers and othe work carried out and ask for their support to set up RTM and change the managing agent.