Transfer of Service Charge Payment

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Transfer of Service Charge Payment

    Here is a summary of the situation that I would be grateful for some advice on:

    I own a new build (now 5 years old) city centre apartment
    Solitaire/Perval initially were the managing agents and collected service charges
    In April 2010 I received a letter from 'A' property company stating that they were now managing agents.
    'A' property company have issued service charge demands for year April 2010 to End March 2011.
    'A' property company have also issued the balancing service charge for the year April 2009 to April 2010. They claim that the invoices have been passed from Solitaire to themselves to pay.

    My questions:

    What other documentation do I need to see from 'A' property company before paying the service charge
    Do I need to pay the balancing service charge for the year April 2009 to April 2010 to 'A' property company. I believe these debts stay with Solitaire. Please can you clarify?

  • #2
    For which party is 'A' acting?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      A claims to be the new property management company.

      Comment


      • #4
        Originally posted by Serial Lurker View Post
        A claims to be the new property management company.
        Yes, but- again- for which party is 'A' acting?
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          You describe Solitaire /Peveral and 'A' as "agents", therefore they are agents acting for (collecting for) someone, let's call that someone 'X'. Whatever you owed to 'X' when Solitaire were agents you still owe to 'X' now that 'A' are collecting for them, and that includes balancing charges generated when Solitaire were the agent.

          Comment


          • #6
            But who are all these parties? Whether Solitaire/Peverel/A/X, an agent is merely someone who acts on behalf of someone else. None of us yet knows:
            a. who owns what; nor
            b. who is whose agent!
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              'A' property company are acting or claim to be acting on behalf of the freehold company who owns the freehold of the block of flats.

              Comment


              • #8
                Well then see my post above. If you want confirmation that 'A' are legitimately appointed ask the freeholder.

                Comment


                • #9
                  To clarify agents act for a freeholder. They hold the money on trust, you do not pay to Peveral Solitaires themselves but into an account they hold for a client, the freeholder.

                  Look at old invoices and new invoice under "Notice under section 47 and 48 ,,, th name of the landlord is X.

                  Is X the same person on both? If so then the freeholder is the same, the account is simply now controlled by someone else.
                  Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                  Comment


                  • #10
                    I have heard on here, that unless the previous Managing agent or the free holder informs you that they have transfered the the management of the block to xyz company, then you should not pay have to pay any demands. ( You of course have to save the service charge, as you expect to pay every month / year )

                    Any one can write to you and ask you to send the service charge to them, but unless the original one informs you that they are transfering the management to "A", don't pay -- yet.

                    Debts don't stay with Solitaire, they are your debts, your agreement to pay service charges 2010 and 2011. So if "A" ARE lookng after property
                    you are most certainly expected to pay.
                    If the alleged hand over had not taken place, you would have paid service charges all this time.

                    My Text does not proceed beyond this line, as this new V4 site cuts off
                    text on screen and makes it impossible on some pages to read the post,
                    so I keep mine up to here _____________________________________|
                    ( The site is NOT P.C. compatable )

                    Comment


                    • #11
                      Originally posted by ram View Post

                      My Text does not proceed beyond this line, as this new V4 site cuts off
                      text on screen and makes it impossible on some pages to read the post,
                      so I keep mine up to here _____________________________________|
                      ( The site is NOT P.C. compatable )
                      At the top right of the quick reply box ther are upp and down arrows which expand the box. Make sure that Silverlight is installed and up to date and the browser is the latest version.

                      Or are you one of those that likes to use ancient versions? I read some are still using netscape navigator!
                      Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                      Comment


                      • #12
                        A change of agent should be accompanied by a letter of authority normally a solicitor if an external freeholder or letter from the board for RTM RMC etc.

                        That said there is no legal requirement for a simple change to be notified.
                        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                        Comment

                        Latest Activity

                        Collapse

                        • E&M Proxima GR - 'Administrative Fee' Request
                          Doback
                          Hi all,

                          Recently Recieved the following letter from E&M Ltd.:


                          ["We act as agents for Proxima GR Properties Limited.
                          Our records indicate that the above property is being sublet/let or will be sublet/let shortly.

                          Please complete and return...
                          27-07-2017, 17:27 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          MrSoffit
                          I deserve a thrashing. The clause makes no sense to me. Here's wot mine says...

                          ""Not at any time during the term separately to assign transfer or part with possession or occupation of any part or parts of the demised premises but only to assign transfer or part with possession...
                          27-07-2017, 20:39 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          Doback
                          Thanks for your replies.

                          Not to assign transfer charge underlet or part with possession of part only of the Property .

                          I think we are interpreting this part differently. To me it says not to do the above to part of the property. I.e. sell or sublet or transfer part of the property....
                          27-07-2017, 20:15 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          MrSoffit
                          Hi again,

                          Consents are applied for by the lessee. If the lease provides no opportunity to apply for a particular consent, the lessee has no right to apply. Hence, blanket prohibition. Leases are interpreted as being intended by the freeholder.

                          A deed of variation is an addendum...
                          27-07-2017, 19:59 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          Doback
                          As the current freeholder is not the vendor would this mean that the clause doesn't apply to them?


                          And would
                          '["Disposals of Part
                          1. Not to assign transfer charge underlet or part with possession of part only of the Property and during the last seven years of the said term
                          ...
                          27-07-2017, 19:36 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          Doback
                          1) I had seen the decision 'HOLDING AND MANAGEMENT (SOLITAIRE) LIMITED vs CHERRY LILIAN NORTON' and was going to use it as a last resort. My thinking was my lease didn't give them the right to ask for consent (apart from in the last 7 years)?



                          2)[" 'If your lease says...
                          27-07-2017, 19:31 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          MrSoffit
                          I think that "Vendor" usage is a typo? Yes the freeholder originally sold the lease to the first lessee. He didn't assign it on to you. Otherwise you'd be getting consent from the lessee who "Vended"(?) to you.

                          Methinks it ought to say "Lessor" or landlord....
                          27-07-2017, 19:18 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          MrSoffit
                          I think this is where Admin will strike. Probably would have anyway....
                          27-07-2017, 19:13 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          Doback
                          Thanks for the reply

                          I tried to edit the original post according to your advice but am unable to. I also tried to delete it in order to repost an edited version, I can't find a way to do that either. Perhaps forum admin could help?
                          27-07-2017, 19:09 PM
                        • Reply to E&M Proxima GR - 'Administrative Fee' Request
                          MrSoffit
                          Hi again,

                          Seems your landlord/agents have not read the binding (case law) Upper Tribunal decision regarding subletting consent fees:

                          HOLDING AND MANAGEMENT (SOLITAIRE) LIMITED vs CHERRY LILIAN NORTON

                          Quote: "a fee greater than £40 plus VAT could not be justified"...
                          27-07-2017, 19:09 PM
                        Working...
                        X