Problem With Managing Agent And Consultation Letter

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    Problem With Managing Agent And Consultation Letter

    Hi everyone

    I'm new to these forums (and to leasholder issues) but have an issue I was hoping you might be able to help me with.

    Last week I received a letter from the managing agent who acts on behalf of the freeholder who owns the controling interest in the block of flats where I own a leashold flat.

    The letter indicates that in 2008 they wrote to all leasolders in the block informing us of some major works that needed to be done to property (a new roof etc).

    The letter goes on to say that no objections were received to the proposed plans and the managing agent has now obtained quotes and that my share of the bill will be £12,000!!

    I have no knowledge of this 2008 letter and have spoken to the Residents Committe who have confirmed that they never received anything either.

    Given that we have none of us have ever signed for this letter does anyone have any advise as to our next move?

    Thanks for the help guys.

    #2
    Originally posted by allangroves View Post
    Given that we have none of us have ever signed for this letter does anyone have any advise as to our next move?

    Thanks for the help guys.
    Take a look at this guide.

    I would suggest that the RA reply for all owners to say that no notice of intention a received by anyone, nor, in setting out what I suspect is the notice of estimates ie £12k each, has there been a summary of observations and the landlords response.

    If the RA is recognized, do add that they too must be formally sent a notice of intention and the notice of estimates.

    I would then ask for them to either restart the process or that as a group you will apply to the LVT to determine if consultation has been carried out, failing which any contribution is limited to £250 per flat.

    This will all make sense once you read the guide.

    http://www.lease-advice.org/publicat...nt.asp?item=19

    Come back for more help if needed
    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


      #3
      Thanks so much for the advice I really appreciate it!!!

      I have a meeting with the RA tomorrow evening and may post a first draft of our response letter and invite everyone to comment.

      Thanks again and have a good evening.

      Cheers

      Allan

      Comment


        #4
        Originally posted by allangroves View Post
        Thanks so much for the advice I really appreciate it!!!

        I have a meeting with the RA tomorrow evening and may post a first draft of our response letter and invite everyone to comment.

        Thanks again and have a good evening.

        Cheers

        Allan
        But read the guide first..... I have given you an outline based on assumptions, it is pointless to proceed with a draft if there is more information which might change it. The guide will give you a better understanding.

        Better to spend your lunch break reading it...
        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


          #5
          Hi again

          So afer meeting the RA this evening only one of the 6 members was able to recall being sent the letter I mentioned in my first post.

          Looking over the letter the outline of works is very brief and there is no explenation of why the works need to be carried out.

          Is this enough for us to request that they start the Consultation again (I read the guide you provided and it seems to indicate this fact but I'm a still a bit uncertain)?

          If your advise is seek legal representation I was wondering if you know of any good Solicitors in the London area that may able to help).

          Thanks again for the help.

          Comment


            #6
            Originally posted by allangroves View Post
            Hi again

            So afer meeting the RA this evening only one of the 6 members was able to recall being sent the letter I mentioned in my first post.

            Looking over the letter the outline of works is very brief and there is no explenation of why the works need to be carried out.

            Is this enough for us to request that they start the Consultation again (I read the guide you provided and it seems to indicate this fact but I'm a still a bit uncertain)?

            If your advise is seek legal representation I was wondering if you know of any good Solicitors in the London area that may able to help).

            Thanks again for the help.
            If you wanted to be a bit 'sneaky' and depending on your relationship with the freeholder you may well get away with doing nothing and then challenging the cost later, from what you have said an LVT may well conclude that the Consultation process wasnt followed properally and therefore you are liable for £250 each. A major point of the consultation process is that you should be able to nominate another contractor.

            Andy
            Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

            I do not accept any liability to you in relation to the advice given.

            It is always recommended you seek further advice from a solicitor or legal expert.

            Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

            Comment


              #7
              Originally posted by allangroves View Post
              Hi again

              So afer meeting the RA this evening only one of the 6 members was able to recall being sent the letter I mentioned in my first post.

              Looking over the letter the outline of works is very brief and there is no explanation of why the works need to be carried out.
              Well it can be brief; to repaint all exterior timber windows and doors.

              To be valid it should accurately describe the works and contains the information required of a notice of intention, as set out in the guide.

              If the RA is recognized then they need to be served separately, did they?.

              I agree with Andydd; why not simply challenge the costs and the consultation process at the same time. I would employ a local chartered surveyor who deals with and understands section 20 and LVT applications, rather than a solicitor, who will drag in specialists. Try ARMA and the the RICS.
              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

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