Flat parking replacement garage fob

Lowpriceamigo

I live in an owned flat and have a fob to open a barrier to the parking. My car was broken into and the fob was stolen. My car is currently stuck in my parking space and they want to charge £500 for a replacement fob. Is there anything I can do

BikingBud

As the fob was stolen from the car in the parking the risk is much more significant than just losing the fob at a random location. You might find that the cost covers more effort to re profile the system and recode other fobs to restore the required level of security.

Have you asked why there is such a cost?

To remove your vehicle can you get temporary access? Or borrow a neighbours fob?

Lowpriceamigo

They won’t say as of yet. But it’s not a secure car park, just a simple barrier and they are saying it will ‘cover the replacement fob’

user1977

Presumably the cost is insured?

eddddy

Who is asking you for £500? I assume it's the managing agent of your leasehold flat.


Cancelling one key fob, and programming a new one should be a trivial process that takes 10 minutes or less.  And the key fob itself typically would cost £20 or maybe much less.

(As your car was broken into, I wonder if they're taking a punt, and assuming/hoping you'll just add £500 for the fob to your insurance claim, and the insurance company will pay out without challenging.)


This sounds like the £500 would be a 'Leasehold Administration Charge'. The law says those charges must be reasonable. i.e. The managing agent should only charge you for their out-of-pocket expenses, plus a reasonable hourly rate for their time.


So you could...

• Ask them for a breakdown of the £500 (i.e. their out-of-pocket expenses, plus the time it will take them to deal with this) 

• If you're not getting anywhere, you could tell the managing agent (in writing) that you'll pay £500 under protest and then challenge the charge at a tribunal

theartfullodger

Who exactly is "they"?

What does your contract with them say about this, please?  Can't read it from here.

Lowpriceamigo

They (the people I’m speaking to on email) is the managing agent of the leasehold. The  parking is run by a separate management company. The leasehold company said ‘the company that we purchase fobs from will quote the same amount to supply and program a fob and I advise we have had a lot of problems and delays in getting fobs from them.

Lowpriceamigo

eddddy said:

Who is asking you for £500? I assume it's the managing agent of your leasehold flat.


Cancelling one key fob, and programming a new one should be a trivial process that takes 10 minutes or less.  And the key fob itself typically would cost £20 or maybe much less.

(As your car was broken into, I wonder if they're taking a punt, and assuming/hoping you'll just add £500 for the fob to your insurance claim, and the insurance company will pay out without challenging.)


This sounds like the £500 would be a 'Leasehold Administration Charge'. The law says those charges must be reasonable. i.e. The managing agent should only charge you for their out-of-pocket expenses, plus a reasonable hourly rate for their time.


So you could...

• Ask them for a breakdown of the £500 (i.e. their out-of-pocket expenses, plus the time it will take them to deal with this) 

• If you're not getting anywhere, you could tell the managing agent (in writing) that you'll pay £500 under protest and then challenge the charge at a tribunal

Do you know where I can find the law in relation to these charges? 

I’ve already ordered the exact replacement fob from Amazon for £8.99 now too.

eddddy

Lowpriceamigo said:

Do you know where I can find the law in relation to these charges? 

I’ve already ordered the exact replacement fob from Amazon for £8.99 now too.

Having just re-read the legislation, the £500 might be better classed as a 'Service Charge', rather than an 'Administration Charge' - but the law also says that service charges must be reasonable.


Service Charges are covered by Landlord and Tenant Act 1985:

18 Meaning of “service charge” and “relevant costs”.

(1) In the following provisions of this Act “service charge” means an amount payable by a tenant of a [dwelling] as part of or in addition to the rent—

(a) which is payable, directly or indirectly, for services, repairs, maintenance [ improvements] or insurance or the landlord’s costs of management, and ....

....
....

19 Limitation of service charges: reasonableness.

(1) Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a) only to the extent that they are reasonably incurred, and...

Link: https://www.legislation.gov.uk/ukpga/1985/70/crossheading/service-charges

(Administration Charges are covered by the Commonhold and Leasehold Reform Act 2002.
  Link: https://www.legislation.gov.uk/ukpga/2002/15/schedule/11   )


Ultimately, if you can't agree a reasonable cost with the managing agent, you can ask a Tribunal to decide what is reasonable.

Lowpriceamigo said:

The leasehold company said ‘the company that we purchase fobs from will quote the same amount to supply and program a fob and I advise we have had a lot of problems and delays in getting fobs from them.

That doesn't necessarily make the cost 'reasonable'. 

If there is one company that charges £500 for this service, but other suitable companies would charge £25 or £50 for an equivalent service - the managing agent would need to persuade a Tribunal that it was reasonable to choose the company that charges £500.

Albermarle

eddddy said:

Lowpriceamigo said:

Do you know where I can find the law in relation to these charges? 

I’ve already ordered the exact replacement fob from Amazon for £8.99 now too.

Having just re-read the legislation, the £500 might be better classed as a 'Service Charge', rather than an 'Administration Charge' - but the law also says that service charges must be reasonable.


Service Charges are covered by Landlord and Tenant Act 1985:

18 Meaning of “service charge” and “relevant costs”.

(1) In the following provisions of this Act “service charge” means an amount payable by a tenant of a [dwelling] as part of or in addition to the rent—

(a) which is payable, directly or indirectly, for services, repairs, maintenance [ improvements] or insurance or the landlord’s costs of management, and ....

....
....

19 Limitation of service charges: reasonableness.

(1) Relevant costs shall be taken into account in determining the amount of a service charge payable for a period—

(a) only to the extent that they are reasonably incurred, and...

Link: https://www.legislation.gov.uk/ukpga/1985/70/crossheading/service-charges

(Administration Charges are covered by the Commonhold and Leasehold Reform Act 2002.
  Link: https://www.legislation.gov.uk/ukpga/2002/15/schedule/11   )


Ultimately, if you can't agree a reasonable cost with the managing agent, you can ask a Tribunal to decide what is reasonable.

Lowpriceamigo said:

The leasehold company said ‘the company that we purchase fobs from will quote the same amount to supply and program a fob and I advise we have had a lot of problems and delays in getting fobs from them.

That doesn't necessarily make the cost 'reasonable'. 

If there is one company that charges £500 for this service, but other suitable companies would charge £25 or £50 for an equivalent service - the managing agent would need to persuade a Tribunal that it was reasonable to choose the company that charges £500.

Probably if you followed the above advice, they would probably offer a compromise price to avoid the hassle of going to a tribunal.
On the other hand it might take some time.

quotememiserable

Buy a cheap fob from ebay. Programme it from one of your neighbours fobs. Will only cost a few pounds.