Managing Agents Stop Maintaining Building

roseman

I am in a quandary and don't really know what to do.

Three years ago I bought a new build apartment from a large and reputable developer.

Now the managing agent has written to all of the leaseholders saying that due to excessive arrears, the building would no longer be cleaned or maintained.

Can they do this?

What can I do?

What if I wanted to sell my apartment?

Help!!:(

propertyman

To an extent they can reduce service levels if people are not paying as leases are rarely specific about the timeliness of repairs or cleaning for periods of time.

Many members and some vitriolic sites will shout and scream about this, it's this agent, google them, look here,Grrrrr.

None of which actually helps.:o

They do make you feel you are not alone but you are when it comes to sorting this out s a group.

In new builds it is a mix of poor service but also the failure to understand that flat owners have to pay the estimated service charge in advance so that they have the money to do things. if after that they do it badly, you have to challenge it, not withold it.

Combine that with individual misfortune, bad BTLs, and idiots, it becomes a spiral of decline. Pretty much your situation today.

Four basic Options

Overall form a Residents Association to coordinate, and don't preclude contacting the developer who might be scared of adverse publicity( some have distanced themselves from some large agents)

1: Negotiate :if owners they are willing to pay if jobs are done, work out a program of jobs to be done and money needed.

2: Right To Manage you can exercise this and take over management from the current freeholder and the agent and start afresh- any old bills and arrears they have to deal with, not you

3: Buy the Freehold there are two methods and you take on the building but it means paying for it, which is money not spent on your services and homes.

Now 1 2 and 3 depend largely on people being able to pay- if you have repossessions invisible flat landlords unemployed people etc then they are not going to pay you either, willing or not.

4: Appointment of a manager by the LVT Where there are breaches of the lease the LVT can appoint a manager, You would find a local chartered surveyor who can assess the leases and the property and, ideally, carry out a management audit, and set about the process. They are similar to receivers and administrators in function and while they are independent will listen to you and work with you.

Deep breath and have at it. http://www.lease-advice.org/publications/