Property management failing to make essential repairs. Am I within my rights to hold back payment?

Jlawson118

I bought my apartment and got the keys towards the back end of November. From the beginning, the property management have always seemed uninterested in any queries, and even at first were reluctant to give me details to transfer my service charge payments to them!

But my issue started last month. After quite a nasty storm overnight, I awoke to find I had a serious leak coming from my bedroom window. I contacted the emergency line who told me it would be down to my own home insurance to deal with. Despite the fact, in my contract, issues with the building, windows and doors are down to the property management.

A few days later, they sent me my invoice of around £470 for six months of their service charge. I emailed my property manager and told him I'm not paying it until this issue with my window is dealt with, and sent him video evidence of just how serious it was. He replied and stated a contractor would be in touch. To which he was, and the contractor inspected the window and said there was definitely an issue there. And one of the managers told me the buildings insurance had been contacted.

Since then, I've heard nothing back. Thankfully, the weather has been quite nice and I've had no further issues. Although this is something that needs sorting out. And I am still holding back payment.
But now the letters are starting and I've just had a phone call asking why I'm not paying. The lady just explained I am in breach of my contract by not paying. I explained they're in breach of contact for not conducting this repair. Where she didn't know what to say but told me the property manager who I contacted has now left, and she'll forward it onto our new one.

Quite frankly, I think this is disgraceful. Upon speaking to other leaseholders of the property, they are also unhappy with the management, and we are all considering taking them to a tribunal.

But my question here, is that am I within my rights to hold back payment until this issue is resolved? As I am a little worried this might get escalated further or somehow destroy my credit report

societys_child

'Holding back' payments is never a good idea.


Seek a resolution through the proper channels.

Jlawson118

societys_child wrote: »

'Holding back' payments is never a good idea.


Seek a resolution through the proper channels.

I feel like if I give them the payment, then this repair is going to just get forgotten about. Apparently my new property manager is going to be in touch over the next few days with regards to this repair since I just escalated it to the lady on the phone. Although if I don't, I'm not sure which path to take.

What would you class as the proper channels?

OldMusicGuy

I agree with Society's Child. Withholding payment for valid charges to do something else is not wise and may contravene the terms of your agreement (it's worth reading). They can take you to court for non-payment.

Follow the correct channels, which are:

- work with your property manager to try to get it resolved.
- if that doesn't work, follow the formal complaints procedure which will be on the property management company's website.
- if, after 8 weeks of complaining in writing, the property management company still have not addressed the issue, you can then escalate this to the Property Ombudsman.

We've been through this whole process twice in the last year.

G_M

Lease Advice is a Gov sponsored service.It has relevant information:


https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61


https://www.lease-advice.org/advice/find-the-right-information-for-you/?step-option=61

eddddy

Jlawson118 wrote: »

But now the letters are starting and I've just had a phone call asking why I'm not paying. The lady just explained I am in breach of my contract by not paying.

I assume that you are a leaseholder, and you mean breaching the terms of the lease.

It's not a good idea to withhold your service charge.

You are likely to be charged a fee for each of the letters that have been sent, plus a fee for each phone call. If it gets passed to a solicitor, you'll be charged their fee as well.


And TBH, you're not even challenging the Service Charge - you're refusing to pay for an unrelated reason. So even if you went to a tribunal, you'd probably lose.

Slithery

The best plan of action is to pay the service charge, and then appeal.

Running up a debt with the management company now won't help your case and will lead to fines for late payment that you wont be able to recover.

Jlawson118

Thanks for the responses! The lady on the phone gave me until Friday 8th to pay the charge before incurring a £30 fee. Therefore I'm going to wait for my property manager to get in touch with me either today or tomorrow, but if not, just pay it anyway tomorrow. I will however, be taking this repair further, especially with the bad weather at the moment!

G_M

Jlawson118 wrote: »

Thanks for the responses! The lady on the phone gave me until Friday 8th to pay the charge before incurring a £30 fee. Therefore I'm going to wait for my property manager to get in touch with me either today or tomorrow, but if not, just pay it anyway tomorrow. I will however, be taking this repair further, especially with the bad weather at the moment!

That seems the sensible course of action.