Property Management Company for a freehold property have sent through a bill...

smurfff

My parents-in-law (along with their neighbours) have recently received quite a hefty bill from a property management company. Metro Property Investments claim to manage the property, despite all of the properties including theirs being freehold, but they havent actually done any maintenance in the past 15 years. They claim to manage the parking area, which has some communal bays. There are no parking permits, parking attendants, I dont believe they have even re painted the lines on the road. After speaking with their neighbours, 11 of the residents have never paid a penny because they havent seen any evidence of any "maintenance", and no legal action has ever been taken against them. After all this time. 

One of the neighbours has moved house because of this, and despite her paying the bill, they still took a long while to process their legal documents to make the whole selling process take a LOT longer than it should. So its almost like they have you by the nasties, even if you pay.

Apologies for the essay, Ive probably still missed out some useful information, but Im hoping some one out there can offer me some advice for them. Ive had a google and cant seem to find an ombudsmen or some one to complain to... ideally they want to cut ties with this company completely! Thanks in advance

eddddy

It usually works like this:

• When the freeholders (including your parents-in-law) bought their houses, they probably signed a deed agreeing to pay maintenance charges (e.g. for the car park, etc).

• That deed is the 'contract' they agreed to.

• If/when they sell their house, the buyer will have to sign a new deed/'contract' with the management company (which is probably the cause of the delay you mentioned)

• So you need to read the deed/'contract' they agreed to - to see if the bill they've received aligns with what they agreed in the deed/'contract'

• And as with any bill (like from a plumber, car mechanic etc), you can check whether the services being charged for have been carried out

Bookworm105

the house may be freehold, but since you acknowledge there is (at least) a "communal" parking area, it stands to reason someone has to maintain that.
If it is not the responsibility of the council, then it is almost certain the freehold documents will include reference to liability for such maintenance. Whether any work is physically done each year is irrelevant, there will be a maintenance contract establishing a legal liability to pay whatever the contract says is the basis upon which the contract is charged.

Refusing to pay, and not being sued for doing so, does not remove the underlying liability (if there is one). Therefore when selling a new buyer's solicitor doing their job properly will flag up that legal position to a buyer. That may scare off the buyer if they will become liable for unpaid charges from before their time. 

Sounds like your parents need to find out what their legal liability actually is by going back to their deeds and legal documents from time of purchase. they then need to get togather with the other residents and establish who appointed the current "maintainers" and when does that contract expire, and what do the residents want to do when it does expire. In other words, the residents need to take their heads out of the sand.