The Great "Leaseholders, tell us your service charge tales" hunt

tim123456789

SueC wrote: »

Weirdly, I have the opposite problem - the freeholder hasn't charged a service charge for six years.

Unfortunately that means he also hasn't done any maintenance, and the building is falling into a state of disrepair. The worst of which is a leaking roof which has my living room permanently damp.

I've begged and pleaded, but feel powerless to achieve anything. I have images of ending up living in a run down slum that I'm paying mortgage on!

give these people a ring:

http://www.lease-advice.org/

they will tell you what you can do to resolve this

tim123456789

princeofpounds wrote: »

This is true, although it's a bit ridiculous it needs to go through a full tribunal process. Personally I'd prefer a quicker arbitration model for smaller issues.

My own view on this is the lack of awareness of the alternatives is the problem.

I think that management companies should be obliged to inform qualifying lessees of their right to "vote" for an RTM (stating the qualifying number of votes needed) every time that they send out a statement of accounts, and HMG should produce a leaflet detailing the advantages (and disadvantages)of an RTM that must be included.

And for blocks which are managed as part of an estate, the MA should be obliged to explain whether the RTM could be formed for an individual block or for the whole estate (or whatever in-between). Though this would require some clarification of the law because there are still some grey areas here.

I'd like to go so far as to say that they should be obliged to actually organise a vote every 3 (5?) years, but I can't see the business friendly party going for that

SueC_2

propertyman wrote: »

Sue, you can action via the following disrepair protocol.

http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_hou

How about getting together with neighbours and

1-exercising the no fault right to manage

2 Asking the Tribunal to appoint a receiver /manager

tim123456789 wrote: »

give these people a ring:

http://www.lease-advice.org/

they will tell you what you can do to resolve this

Thanks both, I will investigate both of those.

I'm in a bit of an unusual situation though - it's a small building with only six flats. Of those six, two are still owned (and rented out) by the freeholder, two are let out under buy-to-let agreements, and only two (mine being one) are owner-occupied. I have the top floor, which is the only one affected by the leaking roof. So, as you can imagine, none of the other occupants are particularly interested in doing something that may result in a service charge suddenly appearing!

To confuse things even further, the property is 'managed' (I use the term very loosely) by an agent. I don't even know who the freeholder is, and have never been able to establish whether it is him who is useless, or the agent.

When I bought the flat, the intention was that all flats would be sold and a management company formed by all of the new owners. But when the market disappeared and the original owner was unable to sell all the properties, the whole arrangement fell into a big black nasty (and damp) black hole!

But thanks again, I will definitely take a look at those links.

BobJB2013

SueC wrote: »

Weirdly, I have the opposite problem - the freeholder hasn't charged a service charge for six years.

Unfortunately that means he also hasn't done any maintenance, and the building is falling into a state of disrepair. The worst of which is a leaking roof which has my living room permanently damp.

I've begged and pleaded, but feel powerless to achieve anything. I have images of ending up living in a run down slum that I'm paying mortgage on!

Well, i too am a leaseholder and i have had damp problem caused by a leaking roof; stretching back to 2001. Firstly, the freeholder took an awful long time to get a roofer round. When a roofer eventually came; he never did the job very well. So that was a few hundred pounds lost. I had some decorators round to paint over the worst areas. Then to my horror, the damp and mold, re-appeared. Then another roofer round, and another few hundred pounds spent on another unsatisfactory job. Finally, last year, some roofers were round and put scaffolding up. So, because scaffolding was put up; it was more expensive. I thought at the time, the work they did was ok, and was going to solve the problem once and for all. Well, what do i have in my main living room now? More damp and mold. Though, the roofers did mention at the time that some more work was necessary. That was not possible at the time, so the scaffolding came down. I am left in limbo, for i am unable to work due to illness and some physical disability; the cost would be considerably more than a thousand pounds. As, things stand, i am just paying the yearly maintenance charges. At one time, i was paying my share for a hedge to be trimmed, but i queried the cost and the need for that to be done on such a regular basis. Also the gardener, was using a trimmer that he plugged in, and he was not insured. In the end i, and the other owners only pay now for the communal hallway electric and cleaning. Bob.

propertyman

tim123456789 wrote: »

And for blocks which are managed as part of an estate, the MA should be obliged to explain whether the RTM could be formed for an individual block or for the whole estate (or whatever in-between). Though this would require some clarification of the law because there are still some grey areas here.

Well no the law is quite clear - its the estates and service provision that means that the law must be interpreted in each individual case.

Ems13

When I moved in my service charge was £151.00 a month which included my service charge in 6 yrs its gone up to £227.00 plus £110 ground rent. It's gone up 30% this year with no notice or consultation. The increase has been taken by direct debit without being told. No one checks the contractors they employee do what they should eg windows cleaned once a year rather than once a month. Calls don't get answered and no one cares. Feel trapped in my own property.

propertyman

Then don't pay by direct debit ( under which terms you must be notified).

Exercise you various rights by logging what is and isnt done and when the accounts for this year, what was actually spent, is presented, then challenge thos in the light of the evidence that you have.

tim123456789

propertyman wrote: »

Well no the law is quite clear - its the estates and service provision that means that the law must be interpreted in each individual case.

If the law is perfectly clear then why did (insert name of favourite rip off management co) waste several thousands of pounds challenging (and losing) the right of a multi-block estate to RTM as a whole?

and what on earth is the " estates and service provision"?

Are you saying that it depends upon how the management of the estate is (artificially) constructed? Surely the legislation on RTM pre-emtps that.

tim

tim123456789

Ems13 wrote: »

When I moved in my service charge was £151.00 a month which included my service charge in 6 yrs its gone up to £227.00 plus £110 ground rent. It's gone up 30% this year with no notice or consultation. The increase has been taken by direct debit without being told. No one checks the contractors they employee do what they should eg windows cleaned once a year rather than once a month. Calls don't get answered and no one cares. Feel trapped in my own property.

As has already been said. You have rights to correct this.

It's not the law's fault if you wont use them

tim

mucker2308

Hi,

Well where to start...

My partner owns a flat and has done for almost 10 years and has never made a payment, no bill has every been sent until requested recently.

Looking at a bill from 2003, we are looking at £130 p/y ground rent, £300 insurance + maintenance so it's at least £1500+.

I have requested a bill from the owner and he did send one in feb but only for the ground rent, so I have since contacted him asking for a full bill so I can gather the amount that is needed. I haven't heard from him since.

I have tried ringing him asking to call back and still nothing.

Now when asking him for the bill the first time he was keen to point out nothing has been paid to the account, we cannot sell our property until we pay it and also if we show him faith in payments he will be kind to us.

Now I have had a look into this and have been advised of the limitation act and landlord and tenant act and would I be right in saying they can only go back 6 years with the ground rent and 18 months with insurances and maintenance?

Also I haven't put anything in writing as of yet and was thinking of putting a letter of request and if he does not supply documents within21 days he can be fined?


I really don't know where to start with this and need to plan my next step of action and any advice would be appreciated