Management company problems- Comer Homes

clockworks_2

Hi

I live in a property that was made by Comer Homes. It was built in 2003 and has about 50 flats.

Comer Homes owns a subsidiary company that also we pay the ground rent to.

I have only moved in a year ago and the property management agents were Fair Weather and Ellis who were pretty good. A few months ago Comer Homes have taken over the management of the property them selves. They have immediately put the service charged up by 20%.

Even charging for a non existent concierge in the breakdown!!
I was unaware of this as i hadn't even received a letter from Comer Homes informing me they had taken over. I don't agree with their break down either charging £500 for cleaning windows! There is only 1 window at the front.

I am not happy with the way the block is being look after. Lights bulbs not being replaced , locks broken that are not being replaced.

What can i do about this? Can i Instruct another property management company instead ? ( my friend across the road pays a lot less he has lifts and electric gates like my block but his block is immaculate.

Appreciate any advice.
thank you

Fire_Fox

You cannot easily instruct another management company as you do not employ them the freeholder does, and it seems like the freeholder and MC are one and the same? It is important you do not stop paying your service charges as this will put you in breach of contract, but should lodge a formal (written) dispute querying all the aspects of the charge you are unhappy with and why. You should be aware it is fairly standard practice for service charges to double in the first few years of building, as they are often set artificially low to attract buyers.

Legally service charges must be "reasonable", "reasonably incurred" and work must be of a "reasonable standard": this is worth bearing in mind when you write your letter of complaint. Are you able to get a breakdown of charges from your friend's block? Do you have a copy of your long lease to see what is chargeable? Have you read the LEASE website we always link to in leasehold disputes?
http://www.lease-advice.org/publications/

clockworks_2

Thank you for the link Fire fox,

I got in touch with the management company today and have asked for a break down.

i think there's a conflict of interest , Comer homes is the free holder they assign the management agent -themselves. They still have 3 unsold flats in the block. Who's to say they are getting money from themselves?

I have asked for the results from the LTV which was carried out a few months ago. Will update thread.

Fire_Fox

Please communicate in writing, ideally by recorded delivery, and keep copies of everything. As a veteran of a three and a half year unresolved dispute with our ex-management company, good record keeping alone has saved me approximately £4K to date. :money: I would note that you only have the right to request further information and to dispute any charges in writing.

Forget conflict of interests, superior landlords are perfectly within their rights to manage their own properties and to profit from such an arrangement. Once you get a breakdown of each years final accounts you will know whether they have been paying for the three units still in their ownership. LTV to me is loan-to-value, do you mean LVT? If so why has there been a Leasehold Valuation Tribunal???

clockworks_2

Sorry i meant LVT , i have requested the accounts which they have sent me. Will go through it shortly.

Effervescent

Comer Homes aka Comer Property Management Ltd are trying to charge me and 36 other properties for pumping sewage and we own the freehold to our properties. They won't even supply us with any accounts showing how they have calculated their figures.

glottalstop

I don't know who Comer are, but if I were you I would be prepared to find out by getting hold of the company details, and the register entries regarding the freehold and leasehold of your property.

If you live in a block and you are at any stage unhappy with the management company, you are entitled to take control under Right To Manage legislation. This does not require you to prove there is a fault, just the support of a simple majority of the flat leaseholders, and it makes no difference if the freeholder (lessor) and manager are from the same company group.

Carefully review the terms of the management which will be contained in your lease document. There may be a clause allowing you to vote to replace the manager with your own nomination, similar to RTM but with a more direct procedure.

If there has been an LVT case, brought by Comer, it is possible that from a freeholder perspective they consider the previous manager did not perform. You can search for an LVT case regarding your development here (www.lease-advice.org) or here (www.rpts.gov.uk) under Decisions. It could be because previous service charges did not collect towards refurbishment which is now due.

When you purchased the flat your and your sellers solicitors should have had an info pack from the managing agent, identifying the state of accounts for your property. It is often the case that a sum has been retained by your solicitor, in the event of balancing charges etc. At this stage that may have all been settled, and so you are now liableto pay.

You have taken the correct steps in asking for explanations and accounts, which the manager is required by law to provide. If you are then not happy, make sure you follow specified complaints procedures in the first instance, and then take advice as suggested here and above.

glottalstop

Effervescent - some developments have a dirty/foul water system to collect and discharge rainwater and the like, which is part of the management lease of common areas even if your property is freehold. Or indeed there may be a foul water/sewage pumping system. You pay for this and other common services such as street lighting, landscape maintenance in your service charge to the lease management company.

In your Transfer of Title document it will set out what management services you have to pay towards. You would do well to read this carefully to understand your obligations and liability to pay charges.

You should receive annual accounts within 6 months of the year end, by law, after which you can request underlying details which must be made available within I think 4 weekss, also by law.

However, you may have received a demand based on estimated service charges for the year ahead. This ought to reflect previous years accounts, as above.

If you can confirm with evidence you are being charged for services which are not being provided, or the charges are unreasonably high, or the standard of services and management does not reflect the charges, you can seek a judgement from the LVT (even on the basis of estimates). But, I would check the background to your situation before proceeding.

clockworks_2

Effervescent wrote: »

Comer Homes aka Comer Property Management Ltd are trying to charge me and 36 other properties for pumping sewage and we own the freehold to our properties. They won't even supply us with any accounts showing how they have calculated their figures.

Hi

What development do you live in?