Service company unwarranted cost suddenly applied...

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    Service company unwarranted cost suddenly applied...

    Hello.

    I have an apartment that i used for holiday lettings. I was contacted by the service management company (SMC) asking me to stop etc.
    Then they appointed and used their solicitors to send a letter to me to ask for me to stop and i then did stop.

    On my next service invoice for the flat, there is an extra item added on to pay titled "Invoice 9288 - Lease advice and review" and now asking me to pay £789.

    Neither i was invoiced this previously, i was not told of the costs, just a sudden charge added.

    is this correct?
    who can complain to, property ombudsman?

    Thanks
    Dean

    #2
    What does your lease say. You signed it.

    Edit: Ahh, I see, your lease has already been discussed over three pages of your previous posting.

    So now we need a discussion about what your lease says about breaches of the lease. If the management genuinely incurred this charge, then the question is whether you pay it, or everyone in your building does. If the latter, and if I was your neighbour I would be seriously aggrieved.

    Comment


      #3
      Clause:

      From time to time pay on demand all reasonable costs charges and expenses (including legal costs and surveyor fees) incurred by the Lessor or Management Company for the purposes of or incidental to the preparation and service of a Schedule of Dilapidations and Notice to repair or any Note under the provisions of Sections 146 or 147 of the Law of Property Act 1925 (as amended from time to time) notwithstanding that forfeiture be avoided otherwise than by relief granted by the Court.

      Comment


        #4
        Clause:

        From time to time pay on demand all reasonable costs charges and expenses (including legal costs and surveyor fees) incurred by the Lessor or Management Company for the purposes of or incidental to the preparation and service of a Schedule of Dilapidations and Notice to repair or any Note under the provisions of Sections 146 or 147 of the Law of Property Act 1925 (as amended from time to time) notwithstanding that forfeiture be avoided otherwise than by relief granted by the Court.

        Comment


          #5
          This extra cost would be an administration charge and as such would need to comply with the relevant laws such as being accompanied by correct summary of right - admin charges, to use the s146 clause is very complex it's not a chance to recover all legal costs only if s breach is proved and they genuinely had a right too and were contemplating forfeit action.
          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

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