Land Management Co. backdating charges from when we were not occupiers

wazzzo

I'm after some advice that I can't quite find specifics for anywhere else on the internet.

We own a Freehold house in a new-ish Close. The Close is managed by a management company (gardening communal bits, maintaining the streetlamps etc.).
We bought and moved in Jan 2019 and have paid the required management fees for our time so far at the property when required. However, due to what the management company call a "System Error" they have discovered that they didn't issue an invoice for the year 2017 (2+years earlier than we took ownership). They are now insisting that we are liable to pay this invoice. Clearly, this is an invoice that wasn't paid by the owners at the time due to them not receiving it, in turn, due to the "System Error" by the Management company.
In short, we are to pay someone else's bill to cover an error by the management company. As you can imagine I am a little loathed to comply with this morally wrong situation.
Our conveyancing solicitors retained a pot to cover such eventualities but as is standard this was only for 12 months (ending Jan 2020). The pot no longer exists and of course, our solicitors say that they couldn't have possibly foreseen an error in an invoice that hadn't been sent.

We began by kindly supplying the name and number of the owners who occupied the property at the time but the management company were not interested in trying to contact them. They go on to say that due to the "Limitation Act 1980" they are able to simply collect a backdated debt (up to 6 years) from whoever owns the property i.e. the debt "travels" with the property, not the owners.
On review of the Limitations Act 1980 and documentation we received related to the management, there is no mention of the debt "travelling" with the property and no mention of this either in the Limitations Act 1980.

I have posed the following question to them. Imagine the management company were to move their internet presence to a new hosting provider who placed the management companies website on a dedicated box (i.e. a server box of their own). The provider then realised they hadn't invoiced the last occupier of this dedicated box for a period of time so chooses to demand payment for this period from the current occupiers. Do you think they would pay? I don't see why this is any different.

Any advice more than welcome.

Thank you
Andy

AdrianC

They're right.

wazzzo

AdrianC said:

They're right.

It's wrong!

nicmyles

Sadly, from memory of my time in a leasehold flat, I believe the debt is now yours and you have to pay it.
Which isn't to say it's fair, because it isn't. Indeed, everyone else other than you is at fault - the management company for failing to issue an invoice, and the previous owner for not querying why there was no invoice in 2017. 
But, yeah, I think you will have to pay, sorry.

davidmcn

Doesn't your contract make the sellers liable to reimburse you for their period of ownership (irrespective of how much the retention was)?

wazzzo

Thank you for the replies.
It is not fair in any way. When drafting a law like this how can anyone even begin to think it makes sense? For us, it means a few less Christmas presents for the kids this year.
I have written to them suggesting we give the full amount to Crisis, the homeless charity. Which seems right at this time of year especially as we are dealing with a housing issue and some don't have houses at all. It also seems right for them to have to pay for their mistake and someone worthy should benefit. We will see if their core value of integrity, as listed on their website is true or marketing BS.
I'll post the result up here.
Thanks again.

Slithery

wazzzo said:

It is not fair in any way.

Who told you that life was fair? They were lying.

[Deleted User]

Hmm nice idea but I think the answer will be a long NO.  Why not offer to pay x amount per month rather than right now, just before Xmas.  If the bill has been 'outstanding' since 2017, you might be able to create more movement with this idea than a moral one.  I'm afraid companies aren't known for their morals.

Obviously you shouldn't be paying it at all, but there is no choice, unfortunately.

anselld

nicmyles said:

Sadly, from memory of my time in a leasehold flat, I believe the debt is now yours and you have to pay it.

Actually, if it were Leasehold there would be more protection since there is an 18 month time limit to issue invoice from the date costs are incurred.  In the case of the OP it is presumably a rentcharge on their Freehold property which does not afford the same level of protection.

greatcrested

Yes they are legally right.

Yes it is unfair.

You may be able to reclaim the money from your seller dependig on the wording of your contract with them.

rik111

Just think of the good you are doing by teaching your kids life is not fair (made me chuckle " For us, it means a few less Christmas presents for the kids this year.") I am sure they will survive. 
And yes you are liable and no its definitely not fair.....