Leasehold flat: £1200 payment demand for exterior decoration.

tomstickland

Monday night update:

I've accomplished loads today:
-bought the property deeds for all 9 flats so I can write to the leaseholders
-7 of the 9 are owner occupiers
-I've written to the leaseholder for the 8th flat directly
-I need to phone the company for the 9th flat tomorrow

I've written a "campaign letter" to all of the leaseholders and residents. I've told them that if they think that the agent did not follow the correct procedure then they can instigate a LVT (Lease Valuation Tribunal). If this rules in our favour then we only have to pay £250 + £100 fees, saving around £850 compared to paying and not asking any questions.
I enclosed the S20 guidlines for consultation, how to apply for an LVT leaflet and the LVT application form.

In the long term then I believe that we will be in a good position to look at self management and thus saving on fees.

tomstickland

I had a long phone conversation with another leaseholder tonight and it was interesting to hear some of his thoughts. He wasn't best pleased with the situation either.

I've just started composing my second letter. Here's what I've got so far:

Dear Mr Agent,
I have taken advice since my previous letter. My solicitor has informed me that she wrote to Mainstay on 7th June 2006 enclosing notice of assignment with regards to the lease on flat 32. At the present time this process has not been completed due to delays caused by Mainstay. Since the only letter in my possession from Mainstay is addressed to me, but carries the postal address of the previous leaseholder then I assume that Mainstay were aware of the change of leaseholder but failed to write to the correct address.

Since I do not have any of the correspondence concerning the works to the unit I cannot judge whether the correct consultation procedures have been followed with regards to the other eight leaseholders. I am of the opinion that in my case Mainstay have failed to meet the requirements of section 151 of the Commonhold and Leasehold Reform Act 2002 (replacing section 20 of the Landlord and Tenant act 1985) governing the leaseholder consultation process.

Consequently I will be taking the case to the Leasehold Valuation Tribunal to determine my liability to pay the service charges. If the tribunal rules in my favour then I will be expected to pay the upper limit of £250 rather than the £1216.45 figure on your letter of 26th September.

Yours sincerely,

Tom Stickland.

What do you think?
What about timings? Should I wait until I receive an answer to letter no1 first?

clutton_2

have you given them a time limit within which you expect a reply to letter numer one ?

tomstickland

No. Letter was sent recorded delivery. I've emailed it to them too. If I receive no acknowledgement and the letter has been received then I will leave it for a few days and then send letter no2 and add a paragraph concerning non acknowledgement of receipt.

What about the grammar on this;

I am instigating a Leasehold Valuation Tribunal

Maybe it should be

I am commencing Leasehold Valuation Tribunal proceedings

?

hazeyj

I would give them 14 days max. I would also try to follow up all your letters up with telephone calls. What a bunch of amateurs. Have you managed to find out who the directors are of your management company yet? Boakes Drive wasnt it?

tomstickland

Boakes Drive Management Company. I will research.

Rather oddly, the freeholders and managing agents share the same address.

Doozergirl

You will be asking the Leashold Valuation Tribunal to determine liabilty...

It is a body of people, I believe. (Had to correct my own grammar there! I'm confused now )

tomstickland

Latest attempt

Consequently I will be taking the case to the Leasehold Valuation Tribunal to determine my liability to pay the service charges

Doozergirl

tomstickland wrote:

Latest attempt

IMO? sublime!

tomstickland

I've just had a phone call from the previous leaseholder of my flat. They received mail from the management company and returned it to the sender telling them to update their records as they were no longer the leaseholders.

They're going to write to me explaining what happened so I can add it to my tribunal evidence.