Managing agents allowing non-payment of service charge and withholding services

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  • #16
    Originally posted by Beth Dawson View Post
    Thanks again. What actually will the LVT application do for me?
    As explained earlier if the LL and agents have not yet certified actual expenditure then determining how much was actually expended will mean that any surplus, where actual expenses exceed estimated ( not what was paid in) income, you can reclaim that difference. LVT determination would settle the amount.
    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


    • #17
      Originally posted by Beth Dawson View Post
      I presume that I cannot force the administrators or Salter Rex do chase the debt without incurring legal costs myself. Is that the case?

      Regards

      Beth
      Yes there is little you can do and where the lease allows you to force a landlord to act where another leaseholder is in breach it normally requires at best you indemnify them for their costs.
      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


      • #18
        Originally posted by Beth Dawson View Post
        I presume that I cannot force the administrators or Salter Rex do chase the debt without incurring legal costs myself. Is that the case?

        Regards

        Beth
        1. There is nothing to stop you from contacting the property manager at the RICS MA and giving him/her the contact details of the solicitor firm which can chase and recover the service charge arrears.

        My friend has a flat in a block of 48 units on south side of London and when under the previous MA, approx 30% of flats were in 2-3 years arrears. A new MA came in and instructed the specialist solicitor to chase the delinquent leaseholders and sorted the problem very quickly. So I know the arrears in your block can be collected by a solicitor firm and the solicitor's fees will probably be charged to those flats in arrears.

        2. The name of the company owning the freehold title for your block can be obtained from the Land Registry Online and should be the same name as stated on the annual ground rent demands.
        The status of the freehold company can be checked by doing a search at Companies House website. If the company is under administration, it will show the registered company address as c/o Administrators address.
        So if the freehold titles are sold to another company, the Aministrators are legally bound to offer Right of First Refusal.

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        • #19
          Thank you. The managing agents have provided accounts but the expenditure listed does not correlate with the negligible work I see happening at the block. Of course, that is difficult to prove without expending a lot of time and money and I certainly don't want to incur legal costs.

          I have decided to investigate the right to manage route now if 50% of the leaseholders are interested as that might be the best solution.

          Thank you for all your advice.

          Regards

          Beth

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          • #20
            Thank you. I am going to look into the right to manage if enough leaseholders are interested. At least then I can get the block into a decent condition.

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            • #21
              After providing you with service charge accounts, you have the legal right to make a written request to inspect the receipts, documents, bills and bank statements etc and take photocopies for a small fee. Thats how leaseholders get evidence for going before the LVT. You can get all the contact addresses to consult with the other leaseholders.

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              • #22
                Thanks Gordon. What can we gain by going to the LVT? Can I request the contact addresses for the other 10 leaseholders from the managing agents?

                Leaseholders do not live at the property and so have different residential/contact addresses.

                Regards

                Beth

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                • #23
                  If the expenses reported do not reflect work done or the costs and work not fair and reasonable, then the lvt will determine the amount due, and as posted this is binding on the current and new freeholder. Hmlr may have current addresses, or mortgagees who might pass on a letter,as may a tenant or agent given an envelope letter and stamp for them to address
                  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


                  • #24
                    Thanks for your helpful advice. Regards, Beth

                    Comment


                    • #25
                      Originally posted by Beth Dawson View Post
                      Thanks Gordon. What can we gain by going to the LVT? Can I request the contact addresses for the other 10 leaseholders from the managing agents?

                      Leaseholders do not live at the property and so have different residential/contact addresses.

                      Regards

                      Beth
                      If you ask for contact address , many MAs will suspect your intentions and refuse giving the reason as the "Data Protection Act". But if you are exercising your rights to inspect the service charge documents, you can pick up the information whilst you are there at the office for another purpose. I think ladies are generally good in multi-tasking , so just exercise your skills.

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                      • #26
                        Thanks again for the advice.

                        Comment


                        • #27
                          Originally posted by Gordon999 View Post
                          If you ask for contact address , many MAs will suspect your intentions and refuse giving the reason as the "Data Protection Act". But if you are exercising your rights to inspect the service charge documents, you can pick up the information whilst you are there at the office for another purpose. I think ladies are generally good in multi-tasking , so just exercise your skills.
                          And they would be right. Any personal information or identifiers in service charge records should be redacted when supplying this information.

                          It's use by you can also be treated as harassment and you can be party to a claim by the person.

                          Only use information that has been legally obtained or freely offered on request.
                          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


                          • #28
                            Thank you.

                            Comment

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