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eagle2
Senior Member
Last Activity: 28-02-2021, 12:27 PM
Joined: 10-05-2018
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  • eagle2
    replied to Small claim online
    I can assure you that I live in the real World and I have seen how these disputes can escalate. The sooner you bring an end to it the better for all leaseholders.
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  • When was the expenditure incurred ie when did the RTM receive invoice(s) and when was payment made? If the date was more than 18 months ago, you may not have a liability to pay.unless you were given notice at the time.

    What action you can take depends on the facts eg why was no claim made...
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  • When was the notice received? Does it replace the previous notice? Have they complied with Article 28 ?

    You are right, there are 4 ordinary shares and each member has 1 vote and may appoint a proxy to vote on his behalf. They seem to be trying to claim more votes on the grounds that they...
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  • You are right to be wary, they can seek to charge you more than your fair share by using their own contractors so you should check their credentials carefully and you are right to seek another quote which will give you an indication whether or not the cost is reasonable.
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  • eagle2
    replied to Small claim online
    You will not succeed with forfeiture, in the meantime you will be prevented from raising invoices, if it takes 18 months or more, you will be unable to recover some of the monies at all. The infighting is pointless but you will make the legal teams very happy.
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  • 3 months does seem to be extreme, they seem to be taking the worst case scenario of a large complicated block with a financial year end which involves certification by external accountants. If none of those apply, you should have grounds for arguing that all funds should be reconciled and transferred...
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  • eagle2
    replied to Small claim online
    You are playing games, if you have an address at which the leaseholder is expected to receive documents, you should send correspondence to that address.
    I have seen too many of these stances over the years and “I am right, I am not going to budge and I am going to teach him a lesson” does...
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  • The costs should be allocated in the proportion set out in your lease.
    You are entitled to object to any work which is unnecessary.
    You are also entitled to object if part of the cost is higher due to neglect but you may have difficulty in proving the actual additional cost.
    There...
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  • eagle2
    replied to Small claim online
    What is the point of playing games, if you know his address, just send correspondence to him. You should be trying to bridge the differences, instead you are fuelling the fire which will only cause further problems in future.
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  • eagle2
    replied to Small claim online
    You can use a tracing agent if you wish to make contact with the leaseholder. Issuing forfeiture proceedings will only damage the relationship.
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  • eagle2
    replied to Small claim online
    The mortgagee would require a copy of the court order and would ask the leaseholder if there is any reason not to pay. That may be the first time that the leaseholder becomes aware of the legal action and an application could be made to strike out the court order.
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  • The RICS code paragraph 6,1 states that an agent holds client money in trust and if it fails to account for that money properly, it is open to legal action for breach of that trust and criminal liability could arise....
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  • ARMA has produced an advice note which states that agents are required to ensure that the handover is as smooth as possible. It states that they must deal with handovers in a professional competent and efficient manner. It states that any funds which aren’t needed to manage the block must be passed...
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  • eagle2
    replied to Rtm
    You should deal with those owners before they cause damage to the RTM. It is always worth considering their points of view and trying to accommodate them or explain your reasons why you cannot. Communication with the other owners is also important so that a minority does not influence others....
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  • If you have regular problems appointing agents, it says something about your tender process, are you not making your requirements clear at the outset? If you don't want them to use their own contractors, you simply instruct them accordingly.
    I do not understand why the agents should deduct monies...
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  • eagle2
    replied to Rtm
    An RTM Company should increase the value of the property because you are in control of the charges instead of being in the hands of 3rd parties, There should be no difference in the ability to obtain a mortgage.
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  • It depends on the terms set out within the management agreement.
    Paragraph 6.7 of the RICS code deals with client account monies on the termination of the contract and paragraph 6.2 explains what the agent is authorised to withdraw from the client bank account.
    The monies do not belong to...
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  • That happens too, in fact it seems to be the freeholders who are the most guilty of abuse who are the first to threaten legal action.
    Much as I am enjoying this debate, I am aware that we are departing from the original question.
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  • There is a time to be firm and a time to offer assistance and contacting leaseholders does not do any harm, it can only encourage the ongoing relationship. There are numerous factors involved and it is unreasonable to have one system which fits all. Management nor leases nor legal action nor Tribunals...
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  • That is one of the problems, it does encourage leaseholders to dispute charges. It is not a question of making up rules, nowhere in the lease does it say that legal action must be taken against a leaseholder who is in arrears and there is a big difference between someone being 1 day in arrears for the...
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