Taking a management agent to court?

PeteWilliams

Hi everyone,
I wonder if anyone can help me here?

The management agent I have for my leasehold flat is totally useless!
I have had repairs done to my roof three times in six years. the final straw came in Nov after the bedroom walls were saturated..AGAIN. Another boat of drying out, de-humidifiers and damp proofing and redecoration, to find its needed to be done twice since this time.
The agent came out in Dec with a builder and took photo's. Still no news in Jan so I arranged a quote from someone that I KNOW will carry out the work to a good spec.
Jan still no quotes from the agent.
Feb still no quotes from the agent, so I contacted the leaseholder by letter demanding that he change agent and a much longer list of problems and things that I have fixed personnaly at no charge as the agent hasnt done so. Yet I think they must be friends as he said he would chase it up, ignoring my requests again for additional lease years and right to manage.
We are now in March and I am still getting no where with either party.
I have had the flat empty since Dec as my tenents left because of the damp, so for 4months I have had no income from the property and been advised that no agency will take it on until the bedrooms walls are sorted.
Am I able to take the management agent to court to try and recover loss of income through negligence on his part?
Am I likely to be successfull? and how do I go about it?
The management agent is Chaine Hunter, folkestone. Mainly John Hunter, whom having spoken to others that have had dealings with this person have all said how useless he is.
So if anyone can help.....

cjmumto2

If everyone in the appartments can get together and agree then you can boot the management agent out and get a new one in. I am not sure exactly how it works but a friend lived in some appartments and the management company was not doing anything and the place was lookign ragged ie not cutting grass, replacing communal carpets etc. They managed to get a new agent in, as I assume you are paying maintenance fees? Do you have insurance? That should also cover loss of earnings

PeteWilliams

The trouble is the management agent will not supply with with details of the other two owners, as claims DPA will not allow it. Both properties are rented and I have the same trouble with the agents used to get details.
The only insurance I have is landlord insurance for damage to the property from tenants etc. so nothing that covers loss of earnings.
I have again today contacted the freeholder and management agent, only to find they still do not have a quote!
Yet I have another contractor coming out today and another possibily tommorrow to give quotes!!! GRRRR

Richard_Webster

so I contacted the leaseholder by letter

You mean you contacted the freeholder?

To start with read your lease. Normally all liabilities for things you are complaining about are those of the freeholder and the managing agent is just that, an agent. He is not primarily responsible.

Your case is against the freeholder. If you win, the freeholder may have a claim against his agent for bad advice, administration etc but that isn't your concern.

Sa-ra-ra-ra

You have a couple of options as far as removal of the managing agent is concerned, either via a Right To Manage Company or asking the Leasehold Valuation Tribunal to appoint a new managing agent as you're not happy with the service being provided by your current managing agent. Unfortunately, both of these options will require the cooperation of your neighbours. To contact your neighbours if the F/H and agents won't give you the details, either go to the Land Registry and download the title plan for each flat, or knock on the door of the flats and ask the tenants - they should have been given the details of their LL as part of the AST they should have signed.

To further explore your options as far as removing the Managing Agent, I suggest that you speak to the Leasehold Advisory Service - their website is www dot lease-advice dot org. There are also downloadable information sheets provided by the Association of Residential Property Managers available on the ARMA website - at www dot arma dot org dot uk (sorry, can't do links yet!).