Are you a leaseholder and have issues with your property manager?

rainymalta

Hello,
Please can someone help us!!
I and other property owners/tenants are going through exactly what is described with Hyde Martlet Housing - they are an utter disgrace but they are in total ocntrol of our building and us. I have written a formal letter of complaint and even sent it recorded delivery - and they STILL claim they did not receive it. Below is an extract from my letter which will give you a good idea of why we are so upset.
The complaint stems from a recent deficit to the service charges for the above named property of which I part own. Upon receiving a demand for £679 for an over spend in service charges I was shocked and disappointed. I had not received any previous correspondence on this matter. I was informed that the estimate for the service charges had been incorrect and this was to make up for the over spend. I telephone Hyde Martlet on the Fri 20 (for the second time) and spoke to XXXX. I was told my case would be looked into and I would be contacted on Fri 27 June in the afternoon when I was off work to discuss the matter further. I waited for the call but heard nothing. I was promised a call back from my first telephone call and heard nothing either. I was told that ‘they tried’ but couldn’t get hold on me. I asked why a voicemail had not been left and specifically asked Mohammed to leave a voicemail should he not be able to get through as proof he tried to contact me. He agreed. I received no call or voicemail. I have therefore been forced to write this letter of complaint.
Instead of receiving a phone call I received a letter which did not address my concerns. It only showed me a breakdown of the service charges for 2012/13. This shows shocking evidence of negligence on the part of Hyde Martlet concerning the prediction of the service charges for Gordon House. I believe I am justified in using the term ‘negligence’ because of the following evidence (also attached). There was a total failure to even estimate anything for Lift Maintenance and Repairs - estimated cost was £0, actual cost was £1,434.33. Fire Safety, inc servicing and inspections was estimated cost £0, actual cost was £2,729.89. Management Company Costs was estimated as £0 - actual cost was 2,964.36. Management Fees on Hyde Services was estimated at £574.56, actual cost was £1,458.97.
We have tried to set up a meeting but they are very reluctant to meet myself and another resident except during working hours - i.e. they want to force us to take time off work to address their negligence?!! We have been trying to address this matter since mid-July and they MAY be able to see us at the beginning of October, but we will have to wait until the guy gets back from holiday.
The water charges are another matter also. No one received bills from 2009-2014 even though they were requested on numerous occasions. They have not decided to slap a bill of over £300 pounds on most of us with no explanation or evidence of individual usage!!
Help!!

[Deleted User]

The managing agent of the freehold of my block don't want to send us invoices anymore, they are telling owners of flats that they can go to the agency to check. How can one do that when one works from 9:30 to 5:30 and has lots to do on the weekends? Bizarre.

lindze

Hi everyone

am a newbie but thought i would join as i have lurked for a long time!

The leaseholder advisory service is excellent for information, and they are a free service, especially if you are having issues with your management company. You maybe able to exercise your 'right to manage'. Loads of info on their website and it could mean you take control of managing your own block/building. I have used them a few times and they were really helpful.

I agree wholeheartedly that the system is one big money making scheme for freeholders and management companies, especially on buildings insurance and repairs! make them justify every penny they demand from you as apparently freeholders are not allowed to make a profit from managing property....i think they just might though!

[Deleted User]

Hi Lindze. Thanks! I'll check. The managing agent also owns the majority of the flats on the block, so they can do as they please but it would be good to know if there are limits.
Best

lindze

Hi

Also you could chat to the Leasehold Advisory Service regarding a Tribunal hearing. I have been down this route before and it is scary but may be worth doing.

You have to prepare a 'case' and gather your evidence and list everything you feel that has been overcharged and you then have a hearing with three or so independent adjudicators and they will deem whether what you have been charged is 'reasonable' . Reasonable is the word they use! The managing agent will also present their evidence and must prove their costs are 'reasonable'. It is not a court but you all sit round a table and discuss the situation. The tribunal decision is binding and they may say 'you paid X for this repair but we think Y is more reasonable'....you would then only pay Y. You can read previous cases on the Advisory Service website, and the tribunal decisions, to see if any previous situations are like yours to get a feel to see if you think it's worth going down that road.

If the agent owns flats in your block would could still go down the right to manage if you have 50% of the leaseholders to agree (excluding agents) but please do have a chat with the advisory people, they have always been good when I have contacted them. Even if you do not get the answer you were hoping for at least you will know where you stand.

Good luck, come back if you need any help!

i_dread_the_postman

I am a Leaseholder with a local authority as freeholder.
I was quoted £235 for Major Works in 2013, but last April (2015), they sent a final bill for £635 saying "there had been an error in their calculations"!
I only have a state pension to live on.
I went to see the local MP (IDS) who wrote a letter, but the Council persisted that £635 was owing.
I followed Complaints Procedures 1 and 2 which they sent me, but no joy.
To make matters worse, I then started receiving payment harassment letters from the Income Recovery dept. giving me only 6 months to pay the outstanding sum.
It seems very very wrong that an estimate can be given in 2013, and then 2 years later, the authority find they have made an error in leasehold calculations. I, obviously, budgeted for the first figure.
The stress of this has made me ill.
My only recourse now is to write to the Ombudsman.
Have any other Leaseholders had any success with this?

missile

It sounds simple "if 50+% agree". In practice apathy rules - getting 50+% to respond let alone agree on anything can be very difficult.

Mokka

i_dread_the_postman wrote: »

I am a Leaseholder with a local authority as freeholder.
I was quoted £235 for Major Works in 2013, but last April (2015), they sent a final bill for £635 saying "there had been an error in their calculations"!
I only have a state pension to live on.
I went to see the local MP (IDS) who wrote a letter, but the Council persisted that £635 was owing.
I followed Complaints Procedures 1 and 2 which they sent me, but no joy.
To make matters worse, I then started receiving payment harassment letters from the Income Recovery dept. giving me only 6 months to pay the outstanding sum.
It seems very very wrong that an estimate can be given in 2013, and then 2 years later, the authority find they have made an error in leasehold calculations. I, obviously, budgeted for the first figure.
The stress of this has made me ill.

My only recourse now is to write to the Ombudsman.
Have any other Leaseholders had any success with this?

Congratulations on having a Major Works bill for £635- in my local authority the average is £38k.
Pensioners can get help with payment of their service charges- your leasehold department should advise you what they are. If you really cannot pay they can agree to put a charge on your property instead.

Very occasionally the invoice might turn out not to be payable, but the fact that the estimate was incorrect in itself does not help.

Try to get some more information about this online. Leasehold Advisory Service and Servicechargedisputeguide are good places to start.

Do you know when exactly was the work finished? If the Council waited 18 months after incurring the charges they might not be able to recover the charges. Otherwise you will have to pay.

If you completed the council's complaints procedure (it usually has 3 stages) you can also take the matter to the Housing Ombudsman. But HO can only help if the Council did something wrong.

i_dread_the_postman

Only those claiming income support can get help with service charges with my local authority, as stated on their paperwork.
I can't remember exactly when the work was finished, if it was 18 months after the Council incurred the charges, how do I find out if they might not be able to recover the charges? It's usually quite some time after work is finished, that they invoice the actual costs.

i_dread_the_postman

Has anyone managed to get through to the Leadehold Advisory Service on the phone? I was no. 10 in the queue today after half an hour, so gave up.