Service Charge Deficit Payments

daints91

propertyman wrote: »

actually there is more likely a massive !!!! up on the apportionment of charges and the service charge matrix.

a lot of that is the electric meter and 3 years non payment . The above will get to the bottom if it seems that the one meter us serving more than one block, but only one is paying.
if the op is less closed-minded I'll help on how to deal with it .

Thanks for the advice. Propertyman I would appreciate your help but can I say I am far from close minded. Having met, dealt and spoke with these people I can safely say they simply don't care. A quick google search on them would also give you an insight on how they run.

My main question is why should I pay more to live here when someone 30m away in the same design property pays less. It's not fair and it's robbing me of the enjoyment of having my first home, let alone the endless stress it's caused of them just dropping a £210 bill through my door.

propertyman

I understand the frustration and suspicion but how you feel about it can blinker your approach and alienate the people who have to sort it out.

As mentioned above fairness is not guaranteed, just as we learned early on in life despite what we were told
1 If the lease fixes your share at x% or x/y for a set list of items and does not have further clause(s) allowing review or reassessment, then it cannot be amended or varied as unfair. This is a long established precedent @ 1957.
2 If it does, then there is scope for adjustment
You therefore start with the lease to work this out.

HMLR will provide you with a copy lease although it should be in the report from your solicitor. Alternatively you can write to RMG http://rmgltd.co.uk/business/customer-charter.htm

Further to a number of communications I wish to make a complaint about the following issues that have not been answered satisfactorily

1 I have queried why I have to contribute to the upkeep( cleaning repairs etc) of the common areas, the electricity for that area, and the entryphone system, when my flat has its own entrance and is not connected to or accessed by the common areas. Could you please explain why this is so with detailed reference to my lease and not your general understanding.

2 I have withheld payment of my service charge in the meantime pending a reply and you have added an administration charge of £18 presumably for late payment. As you will know this is not due as the summary of rights for administration charges was not sent with this. Can you please explain why you feel that this is chargeable with detailed reference to my lease and not your general understanding.


On your deficit I am not sure if you have raised this previously or not and if not then you will have to ask first before complaining.

(or 3 as above) Deficit Charge ( if the certificate of actual expenses/accounts has been certified under section 21 LTA 1985-earlier link – then)

I wish to exercise my rights under section 22 LTA 1985 to inspect the receipts and vouchers underlying these accounts. http://www.legislation.gov.uk/ukpga/1985/70/section/22

I am concerned that the electricity charge is incorrect.
I enquired of neighbours in nearby blocks, some of whom who have received a credit this year and tell me that their service charges have no charges for electricity use despite having an entryphone and light and power(?)

Can you therefore confirm the location of the meter and meter number ( stated on the bills) serving our block and how you have either confirmed that it serves us alone, or if it serves more than our common areas and immediate surrounds, your method of apportionment and recharge to the other areas that it serves. This relates to current and past costs.

Can you please confirm when the last actual reading was taken from the meter(s).

How have you established that you know all the meters on site are under your management and are being billed correctly? This is an especial concern as a debt collector called recently enquiring as to why 3 years of bills have not been paid.

You can make a simple calculation of the KW consumed by lighting and the entryphone unit and compare that to the actual cost that they have charged.

(per their website) I look forward to your acknowledgement in accordance with your customer charter and complaints process (depends on what I have said above) and it is my view rthat this should take no more than 21 working days to conclude.

propertyman

Sorry kept thinking mainstay and its rmg, do,h. Let me check their website.. sorry....

daints91

Thankyou very much for the excellent help. Having calmed down I'm ready to challenge them the right way. It's disappointing as in the 3 years we have been here there has never been a relationship or a rapport built but we will see how this turns out. I shall keep you updated. Thanks again.

propertyman

daints91 wrote: »

Thankyou very much for the excellent help. Having calmed down I'm ready to challenge them the right way. It's disappointing as in the 3 years we have been here there has never been a relationship or a rapport built but we will see how this turns out. I shall keep you updated. Thanks again.

I have edited the psot.

Rather laughably the charter and complaints policies make rerefence to three companies that long ago ceased to exist!

I woud sneak that in as alittel barb as to how can we expexct to take your seriously when your charter and policy are woefully out of date.

The first two collapsed with Erinaceous, from which RMG came, and Gross Fine fled them to merge with Rendall and Rittner.

daints91

As mentioned above fairness is not guaranteed, just as we learned early on in life despite what we were told
1 If the lease fixes your share at x% or x/y for a set list of items and does not have further clause(s) allowing review or reassessment, then it cannot be amended or varied as unfair. This is a long established precedent @ 1957.
2 If it does, then there is scope for adjustment
You therefore start with the lease to work this out.

Hi there Propertyman, I've been looking through my lease and I find no reference to having a fixed service charge. There is a part about management companies and paying debts etc but nothing specific to fixed amounts, have you got a hint of what I may need to look for?

daints91

Propertyman,

I have found 2 parts of my lease that you may find of interest and may be able to advise on?

In section 9 part two Estate Expenses...

17. Administering the management company and the estate expenses (Including the preparation of accounts and returns)

Also at the end of the section it states

"Provided that the developer prior to the handover date and the management company at any time may vary the estate charge proportion in relation to all or parts of the estate expenses in consequence of any alteration or addition to the dwellings on the development benefiting from the services of any other circumstances in accordance with the principles of good estate management."


Is this of any interest?

Also in Section 10 it states

"if the management company (acting reasonably) considers that it is desirable and equitable to vary the apartment charge proportion and/or estate charge proportion it may do so upon written notice to the tenant and thereafter the apartment charge proportion and/or estate charge proportion shall be proportioned specified in that notice."

daints91

Does anyone know if it's possible to direct message etc?

propertyman

look at the particulars at the front saying service charge. You are at the wrong end

daints91

propertyman wrote: »

look at the particulars at the front saying service charge. You are at the wrong end

Ahhh I'm really struggling to find anything. I'll keep reading but seems as if I'm constantly reading over, can't seem to find any direct reference!