Maintenance companies for leasehold flats rip off!

notkeenonbanks

Hello everyone out there,
I need your help! I live in a leasehold flat, the building only has two flats (inc mine), both flats have leases of 76 years remaining and we both pay maintenance to a separate company (called Hurst management, part of Sinclair Gardens Investments Ltd - yuk). We both pay just under £1,300 per year! for which they do absolutely nothing. The ground floor is trying to sell her flat, we were in the process of purchasing the freehold but the freeholder came back with such a ridiculous counter offer that we had to pull out, I simply couldn't afford anything more than what we had originally proposed. I want to do the right to manage but ground floor wont do it.

I need to know if there is an ombudsman I can go to regarding the maintenance charges and how to fight them or is going to the leasehold valuation tribunal what I have to do? I've been on so many leasehold websites and just not getting anywhere, can't afford a solicitor at the moment and not getting any help from neighbour downstairs. If I can fight the charges then at least thats one step in the right direction.

Thank you in advance for any response x

92203

Sorry to hear about the problems you're having. You can escalate this problem to a Leasehold Valuation Tribunal. Head over to www.flat-living.co.uk.

Although I don't own a flat, I have researched this issue quite comprehensively as I intend buying one in the next 6 months.

sunnysea83

You can make an application to the LVT for determination of reasonableness of service charges see

https://www.rpts.gov.uk
https://www.lease.org.uk

timmyt

i use Nick Plotnek to help with freehold and leasehold issues... google him

Cezzabelle

Grrr maintenance companies! Mine just increased service charge from £40 to £100 a month for "essential repairs which must be carried out immediately
to the exterior of the property" .....fine on the face of it, but these emergency repairs are going to take 4 years -1 face of the property a year! How much of an emergency is that!!

Richard_Webster

Before exchanging contracts to buy a flat it is always worth Googling the name of the freeholder.

notkeenonbanks

Thank you to all that have replied, I will definately be checking out the recommended websites and begin yet another battle with these sharks!

Thanks again x

Fire_Fox

notkeenonbanks wrote: »

Hello everyone out there,
I need your help! I live in a leasehold flat, the building only has two flats (inc mine), both flats have leases of 76 years remaining and we both pay maintenance to a separate company (called Hurst management, part of Sinclair Gardens Investments Ltd - yuk). We both pay just under £1,300 per year! for which they do absolutely nothing. The ground floor is trying to sell her flat, we were in the process of purchasing the freehold but the freeholder came back with such a ridiculous counter offer that we had to pull out, I simply couldn't afford anything more than what we had originally proposed. I want to do the right to manage but ground floor wont do it.

I need to know if there is an ombudsman I can go to regarding the maintenance charges and how to fight them or is going to the leasehold valuation tribunal what I have to do? I've been on so many leasehold websites and just not getting anywhere, can't afford a solicitor at the moment and not getting any help from neighbour downstairs. If I can fight the charges then at least thats one step in the right direction.

Thank you in advance for any response x

You don't need legal representation to go to a Leasehold Valuation Tribunal (closest thing to an ombudsman) of you are willing to do your own research, they are designed to be user friendly. This is the definitive website, it's government funded/ impartial and needs to be read alongside your long lease:
http://www.lease-advice.org/publications/
They also offer an informal mediation service which is around £50 and a free telephone advice line (please read the site first so you aren't asking basic questions).

You cannot simply dispute charges because they seem high to you, you need to challenge whether charges are "reasonable" (what are those at similar properties?), "reasonably incurred" (is all the work they claim to complete actually carried out?) and is the work that is completed of a "reasonable standard"? Note that there is NO legal requirement for the MC to minimise your charges, only for them not to be excessive.

What do you mean your MC do nothing, have you formally requested a breakdown of the annual charges? Have you formally requested further information (copies of invoices and detailed service contracts)? Have you written to formally dispute any aspect of the charges or work the MC claim to carry out under service charges? If you haven't done any of these you would be wasting time and money applying to the LVT.

A last note, please ensure that you pay all charges whilst you are disputing them, if you do not you put yourself in breach of contract (long lease). You have strong rights to dispute charges already paid but only very limited rights to withhold funds. Worst case scenario you get taken to court for withholding service charges and have legal costs added to your bill.

cbrecruit1

Can you share your experences my service charge is £2000 this year with no lifts and 14 flats in total.!!!

brightonman123

i used to work for a property management co, and was shocked at some of the yearly bills.. as ell as the 'major works' projects that seemed to go to just one or two contractors..? v odd tender process!

as i recall, most of service charge was made up with the buildings insurance, which was arranged by landlord, or through the p/m co, who got a v v nice commission.. most complaints were about the premiums, and lack of maintenance (which, in part, was due to lack of funds as people werent paying the s/charge!)..

LVT could be costly, and drawn out - be sure there is no other way of resolving this, as could put ALL repairs on hold for a while..?

[Deleted User]

LVT is not costly and as someone has said is user friendly. My dh went to lvt on behalf of all the leaseholders where we live and we won. Since then we formed a residents company and bought the freehold and we are now in charge of running our own management company. I suggest that more of you get pro-active