Managing company flats

gridsset

Hi everyone. 

I live in a block of 6 flats and since i bought this property I've been bombarding the managing agent with emails and phone calls complaining about the state of the communal staircase where residents of other flats keep storing bikes, shoes, pram and stuff of all sorts.

In my emails to the managing company I have attached pictures and all they have done is to send out a general reminder to the residents that this breaches the building insurance, fire regulations as well as the lease agreement. Unfortunately, 9 months on, nothing has changed and it is impossible to speak directly to anyone from the management team.

I don't feel like I want to resolve this issue myself knocking at people's door, neither send a formal complaint. I have asked to contact the landlords directly but I'm sure this hasn't happened as the letters have always been sent to the residents directly through the post. All flats other than mine are rented out. 

DO you guys have any idea on how I could speed up the process? Is the managing company responsible for ensuring that whoever leaves there complies with the rules in communal areas? What are my entitlements? 

Recently, I received the bill for the next 6 months service charge which I won't pay until the matter is resolved to start with. 

Thank you in advance. 

eddddy

gridsset said:

Recently, I received the bill for the next 6 months service charge which I won't pay until the matter is resolved to start with. 

I understand your frustration - but failing to pay service charges is very risky.

If the bill includes Ground Rent, and the Ground Rent is over £250 (or £1000 in London) you absolutely shouldn't withhold that. The freeholder will get the automatic right to forfeit your lease (i.e. repossess your flat.)

Even without the Ground Rent issue, if you don't pay a service charge you are likely to be charged late fees, and then the matter will be passed to solicitors, and you'll be charged solicitors' fees. And then the freeholder might begin court action to forfeit the lease (i.e. repossess the flat). 

If you've suffered a loss as a result of stuff being left on the stairs, then you might be successful in withholding an amount equal to your losses. But it doesn't sound like you have.


On the broader question of the freeholder not enforcing covenants - here's some info: https://www.lease-advice.org/faq/how-can-a-leaseholder-enforce-the-covenants-in-the-lease-against-another-leaseholder/

anselld

The freeholder is responsible for enforcing the terms of the Leases and this is done via the managing agents.  If they consistently fail to do so you can refer them to the First Tier Tribunal, but you should not consider withholding service charge as that is going to land you in trouble and further cost.

NameUnavailable

You could potentially take your freeholder to tribunal or court for failing to enforce the terms of your lease, but you will pay for the costs AND their costs as most leases include provisions for the freeholder to charge legal costs back under the service charge.

You must have the details for the freeholder so not sure why you can't contact them directly?

irishflojo

I really need help with my management company. I have lived in my apartment for 13 years (since new) and the fees have gone from £55 pm to £145 pm, yet they seem to do very little. I have now received an estimate to have all the external and internal doors and windows plus  communal areas replaced. I cannot afford to pay this. What can I do?

NameUnavailable

irishflojo said:

I really need help with my management company. I have lived in my apartment for 13 years (since new) and the fees have gone from £55 pm to £145 pm, yet they seem to do very little. I have now received an estimate to have all the external and internal doors and windows plus  communal areas replaced. I cannot afford to pay this. What can I do?

You should start a new thread to get more responses.

The works they propose must be 'reasonable' and most leases don't allow the freeholder to charge for 'improvement' just maintenance and necessary replacement.

You can find lots more of the legal stuff here https://www.lease-advice.org/

However - to fight a case at tribunal can be costly and very stressful so you need to balance it against the likely outcome and costs you'll incur (bearing in mind that the freeholder can often charge his/her costs regardless of the outcome back to you and the other leaseholders). 

I had to go to tribunal and was quoted £15K by a solicitor to take on the case. I (and others) represented ourselves and on the day we came to a settlement before the hearing (which the tribunal encouraged) although in hindsight I wish we'd let it go the whole hog to a full hearing.

gridsset

Quick update. After many letters to residents with no effect, the directors and the managing agency have instructed a contractor to come and remove people's items for a fee. It is a shame it had to come to this but people were just taking the p🙄

Gio22

NameUnavailable said:

You could potentially take your freeholder to tribunal or court for failing to enforce the terms of your lease, but you will pay for the costs AND their costs as most leases include provisions for the freeholder to charge legal costs back under the service charge.

You must have the details for the freeholder so not sure why you can't contact them directly?

I have a similar issue with my management company. I have addressed the issue to the Redress Scheme and they have just sent me now an email saying that my case has been temporarily  accepted so there is good chances to be officially accepted within 15 days ( the issues are really horrible). Is redress scheme really helping or they just act as a mediator? Do you know if they have the authority to dismiss the current company? If I will contact the freeholder is there any chances to be listened by them?