A few problems with my FH!

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  • andydd
    replied
    Bit confusing.

    You state you have bought the freeholder but then say you have issues with your freeholder ??!!

    I assume you havnt bought the freehold and that you are just a leaseholder ?

    You say the FH did some work on a store on your property, is this item specifically demised to you under the lease ?, if so then its yours to repair and the resultant cost, so its not upto the FH to repair and recover the cost, I suggest you check the lease and make sure this is correct.

    In any event she cant evict or the proper term is forfeit for amounts undfer £350 anyway although it would be almost impossible to forfeit for this alone anyway.

    Was this £80 amount not included within the service charge ?, was it billed to you directly ?, if so this appear wrong.

    Does she bill for the insurance seperately too ? Again this is a bit odd, one would of thought it would be part of the service charge ?

    Not accepting payment is a bit odd but Ive seen other Fhs do it but only normally relating to ground rent, it may be possible to charge interest on late payments BUT only if the lease allows, I suspect it prob doesnt?, and if it did I doubt it would be at 20%, esp considering interest rates are far lower !

    It is unusual to charge a management fee based on hourly rates, this makes little sense, esp at £90 an hour, management is normally considered a 365 days a year not a few hours at £90, and this would be an extortionate rate for someone who prob isnt qualified.

    Management fees would normally be charged on a flat rate per year basis in the region of £150-£250 so yours would appear to be somewhat high.

    You can request to see a breakdown or summary of te service charge under S21 of landlord & Tenant Act 1985, she is referring to S22 which does allow you to visit and see receipts so would appear correct BUT you prob dont really need to see receipts, would just a breakdown/summary suffice ?

    You cant forcve her to take you to an LVT (Its called First Tier Tribunal - FTT now)

    1. Upto you, if you used a solicitor it could be pricey but its reasonable easy to do it yourself.

    2. If lease has no mention of management fee then no, this cost cant be recovered, double check the lease its unusual for a lease not to have this.

    3. Id say no, esp as the management seems a bit poor.

    4. Yes its reasonable, she has to send you summary if asked but NOT receipts, S22 says she has to arrange for you to visit. So shes 100% correct in this.

    Have you been sent valid demands for ground rent (complying with S166 of Commonhold and Leasehold Reform Act 2002) and valid service charge demands with correct Service Charges - Summary of Rights. ?

    Have a look at Lease site for help > http://www.lease-advice.org/

    Leave a comment:


  • JK0
    replied
    Is this your freeholder: http://www.landlordzone.co.uk/forums...holders-consen or are you phrasing the same question from the lessee's perspective?

    Leave a comment:


  • NickSH
    started a topic A few problems with my FH!

    A few problems with my FH!

    Hi,

    I bought the freehold of my flat around a year ago, I'm 24 and it's my first property. Since then I've had several problems with my freeholder which are starting to come to a head and If anyone has any advice I would be very thankful. The first problem is that when I moved in the FH carried out work modifying a small bin storage area to the front of my flat (on the land that is specifically included in my lease). She didn't tell anyone that she was going to modify the store and has done it, I believe, outside the terms of the lease. I've been to a solicitor (30 minutes free advice) and they agreed that it wasn't in the lease and I shouldn't pay for it. My share of the work is £80 - not a lot I know but for me its about the principle of doing things right.

    For a little while after I refused the pay, the FH was in contact. She was very rude, threatening (with eviction) and I found it quite intimidating. I asked on many occasions for her to show me where within the lease it covered the work on the bin store, her only reply has been "it is up to you to prove it is not in there, not to me to say it is". I have tried to prove that it isn't but she doesn't accept my proof as legitimate. This quietened down over the course of the year until a few weeks ago when she asked for the yearly insurance payment. I sent a cheque for this amount and she returned it saying that she wont accept anything other then the full amount owed (ie the insurance and the bin storage (plus 20% interest on the 'debt')).

    Around a week ago I received our annual bill for the maintenance charge. Everything is ok other then a management charge. The service charge is £1800, split between four flats. The management charge is £1170. She has charged us for 9 hours at £90 an hour plus a 20% fee of the service charge. I've looked in the lease and can't see a reference to a management charge anywhere, yet alone a set rate of £90 an hour plus 20%.

    The final thing Is I've asked for copies of the receipts etc for the work carried out and she won't send or email me copies and is insisting I book an appointment to go and view them.

    Also throughout all of this she says she won't take me to a LVT as she doesn't want the other leaseholders to pay as its not fair on them..

    So...
    1. Should I take her to an LVT to try and sort it out? I don't have lots of money and don't want a hefty legal bill, I'd also quite like to sell within the next couple of years so not keen on having it on record..
    2. Is she allowed to charge a management charge of basically whatever she fancies without it being in the lease?
    3. If so, is that management charge reasonable?
    4. Is it reasonable that she won't send me copies of the receipts etc and want's me to book an appointment to view them?

    Sorry for all the text, I've had a browse through the forum and people seem to really know there stuff on here so thought it might be the best place to come, apologies if not. If the charges are fair and within the lease I am more then happy to pay for them, I'm not trying to back out of paying anything that's fair.

    Thank you in advance!
    Nick

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