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    • cashbackproblems
    • By cashbackproblems 10th Apr 18, 9:59 AM
    • 1,777Posts
    • 691Thanks
    cashbackproblems
    Question on management company responsibility
    • #1
    • 10th Apr 18, 9:59 AM
    Question on management company responsibility 10th Apr 18 at 9:59 AM
    Hi there


    just a quick question, so I own a leasehold property and have been in a battle with the management company to carry out basic repairs and maintenance of the block which is required. Their excuse for not carrying out work is that some fencing was already done last year and not wanting to raise any charges as 2/3 of the leaseholders are difficult and if they refuse to pay nothing can be done about it.


    I know this is rubbish and the responsibility of the MC is to keep the block neat and tidy and from previous places I have lived the MC have been much more proactive.


    Does anyone know what legal rights there are if some residents refuse to pay their SC (surely they are in breach of contract and cant resell the flat??) if it was to increase slightly and tbh the repairs are not major just decoration etc so shouldn't require much funds


    thanks
Page 1
    • need an answer
    • By need an answer 10th Apr 18, 10:27 AM
    • 943 Posts
    • 1,153 Thanks
    need an answer
    • #2
    • 10th Apr 18, 10:27 AM
    • #2
    • 10th Apr 18, 10:27 AM
    Is the management company a specially employed contractor or is it made up of a collection of the leaseholders who in effect are self managing?
    in S 37 T 58 F 58
    out S 51 T 60 F 66
    2017 -32
    • eddddy
    • By eddddy 10th Apr 18, 10:35 AM
    • 6,903 Posts
    • 6,837 Thanks
    eddddy
    • #3
    • 10th Apr 18, 10:35 AM
    • #3
    • 10th Apr 18, 10:35 AM
    Does anyone know what legal rights there are if some residents refuse to pay their SC (surely they are in breach of contract and cant resell the flat??)
    Originally posted by cashbackproblems
    If a leaseholder does not pay a service charge (which is correctly demanded), the freeholder/management co can make a claim through the small claims court...

    Or... it the amount outstanding is more than 350, or has been outstanding for more than 3 years, the freeholder can start the process of forfeiture of the lease.


    But... be careful about being sidetracked into discussions about the above. Your complaint is that your freeholder is breaching the terms of your lease, by not maintaining the fence.
    • bouicca21
    • By bouicca21 10th Apr 18, 12:09 PM
    • 3,909 Posts
    • 6,133 Thanks
    bouicca21
    • #4
    • 10th Apr 18, 12:09 PM
    • #4
    • 10th Apr 18, 12:09 PM
    I have the misfortune to have the same management company.

    Frankly if they don't take steps to get the service charge paid then it's their problem (I doubt it's unusual though, when I bought my flat, the previous owner owed some 4,000 in unpaid ground rent and service charges, and had never been pursued for them).

    We have however found that the threat of withholding service charges because you, the management company, have not fulfilled the requirements of the lease, has got things moving, albeit very, very slowly (it pushed the complaint to a higher level in the company). It helps that my somewhat aggressive neighbour has taken to ringing the person, lets call him Mr Cantbearsed, in charge of our block regularly and demanding action. I wouldn't want to be on the receiving end of those calls, and I don't think he does either.

    We will be on stickier ground about much needed repairs to garages, as the lease leaves it up to the freeholder/management company to decide when and how to maintain them. It's almost certainly a section 20, some of the leaseholders won't want to pay as theirs isn't falling down yet, and I'm willing to bet Mr Cantbearsed won't want to do anything that difficult.
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