Leasehold Flat - Works not being done

Grifferish

I own a ground floor leasehold flat in an old Victorian conversion. We have a management agency who 'look after' the property. Just before Xmas 2013 there was a small fire in the 1st floor flat, which was put out by the fire brigade with no significant damage. Shortly afterwards the agency told us we required a building-wide linked fire detection system, which I was quite happy to have installed.

The agency spent the next 10 months getting quotes and going through the process, and in October 2014 asked all 5 owners to contribute to the work as the amount exceeded what is paid for from our annual maintenance fee. I paid immediately around £600 as requested.

It is now almost March and work to install the system has still not been started. During many phone calls to the managing agent they tell me that one resident still hasn't paid, and the other is insisting that the fire system is not a legal requirement and therefore will not pay (I believe it is - 2 x basement flats with own entrances, ground floor, 1st floor and 2nd floor flats with shared entrance). The agent will not commence with the work until all payments have been received. I have tried to talk to the other residents about it but they are not very forthcoming...

So the agent has now had my £600 in their account for almost 5 months, and still nothing is happening. I refused to pay my 6 months management fee's (which also happens to be c.£600) in December until the work is started, but they are now sending me red letters so I am a bit concerned that it may impact my credit rating.

Has anyone got any ideas? Do I have any legal leverage over the management agency to get the work started, or to return my money? They have now asked for another £400 to carry out repairs to the roof which I am loathed to give them as I don't know when/if those works will start.

More than anything I would like them to get on and put the system in as if there was a fire in one of the basement flats the first thing any of the rest of us would know about it is when it came through the floor of our flat...

Thanks for any advice you can offer.

penguine

I believe the service charges you've paid would have to be held in trust to go towards the repairs and the managing agent can't use that same money to pay for their own management fees. They should be paid for managing the property as they are running a business, therefore you should pay the management fees.

If you're concerned the work is not going to be done, ask if the service charges can be refunded to you until the other tenants are willing or in the position to pay for the works to go ahead.