Apartment Management Companies - The Laws?
Apartment Management Companies - The Laws?
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Discussion

Rich_AR

Original Poster:

1,998 posts

234 months

Tuesday 21st October 2008
quotequote all
Current have an apartment in a block which is supposidly managed by a management company. For the last 6-8 months they've struggled to manage the place and things are in a mess (cleaners not turning up, bins not getting emptied etc)

Anyhow, yesterday I (and all the other tenants) recieved a bill for the service charge, but also an extra £350! They've demanded that it is all paid in 7 days or CCJ will be issued! Surely they cannot just simply stick £350 on there and expect it to be paid in 7 days can they??

So, does anyone know the laws or where I can go find out, as they have done no work to the place at all yet still want loads of money!

Plotloss

67,280 posts

300 months

Tuesday 21st October 2008
quotequote all
If there was no notice given its an unreasonable request.

To get a CCJ they'd have to go to court, you'd be entitled to defend yourself, citing evidence of no notice and that they have been substandard in their duties.

Tell 'em to get fked.

johnnywb

1,631 posts

238 months

Tuesday 21st October 2008
quotequote all
I don't think they can. There are specific laws relating to residential service charges. I will go and find the info for you.

xiphias

5,889 posts

257 months

Tuesday 21st October 2008
quotequote all
Do you have a residents committee? Perhaps you should form one to discuss matters such as these. Also a yearly AGM to go over accounts and so forth. Failing that, kick them out and get a new company!

Sheepy

3,164 posts

279 months

Tuesday 21st October 2008
quotequote all
www.lease-advice.org

Management companies ripping off the leaseholders? Nothing new there mate. Took my freeholder and their own management to tribunal for over-charging, etc. Then kicked them out using the Right-to-Manage legislation.

Rich_AR

Original Poster:

1,998 posts

234 months

Tuesday 21st October 2008
quotequote all
Just been off the phone to a fellow landlord who owns an apart there too, he said he got a letter two days ago (18th Oct) from them saying the management company is £10k in service charge arrers. I never got that letter!

johnnywb

1,631 posts

238 months

Tuesday 21st October 2008
quotequote all
Rich_AR said:
Just been off the phone to a fellow landlord who owns an apart there too, he said he got a letter two days ago (18th Oct) from them saying the management company is £10k in service charge arrers. I never got that letter!
Residential tenants will lawfully be entitled to withhold payment of service charges unless a summary of their rights and obligations accompanies the demand.

New rules requiring a summary of tenants’ rights and obligations rights to accompany service charge demands will apply from 1 October 2007. The rules apply to residential long leaseholders only. Unless the summary accompanies a demand a tenant will be lawfully entitled to withhold service charge payments. Further the penalties relating to non-payment of service charges in the lease such as interest/forfeiture will not apply.

The summary can be found in the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007. The summary must be printed in a size 10 font and must be included with all demands.

By way of example the summary covers:


the tenant’s right to ask the Leasehold Valuation Tribunal to determine the tenant’s liability to pay service charges;

the tenant’s right to request a written summary of the costs which make up the service charges; and

the tenant’s right to inspect the service charge accounts and supporting receipts.

Have a close look at your lease. That will outline the timings and rememdies relating to payments of rents and service cahrges etc. Otherwise i would seek advice using the link in the above post.

littlegreenfairy

10,134 posts

251 months

Tuesday 21st October 2008
quotequote all
I posted a long message but it seems to have gone missing....


In a nut shell

Ask for copies of the accounts. The management agents have to be accountable and transparent in the working.

If the majority of tenants (assuming you are leasehold) are unhappy with the agents, then get em changed. You are well within your rights to do this.

Read the covenants and agreements between you and the management agents.

Do you have a committee that represents the residents interests when the agents are making decisions?



Rich_AR

Original Poster:

1,998 posts

234 months

Tuesday 21st October 2008
quotequote all
Thanks for the prompt replies, i'm just in a queue on the phone to the Leave Advice people.

We have a tenants/landlords meeting once in a bluemoon, i've always tried to get regular ones sorted, but people can never make them!

I've got tonnes of emails from a women at the management company who I used to ask all the time to have things fixed or sorted, I had to constantly chase her and they were never done. After 8 months she left. However the place is a real state and jobs still remain undone as they claim to have no money to do so, i call it bad management as other leaseholders refuse to pay as they've seen no changes!


Rich_AR

Original Poster:

1,998 posts

234 months

Tuesday 21st October 2008
quotequote all
Well i've asked for a copy of the accounts and break down of service charges for the last year. This will probably end up via LVT..

minimax

11,985 posts

286 months

Tuesday 21st October 2008
quotequote all
johnnywb said:
Rich_AR said:
Just been off the phone to a fellow landlord who owns an apart there too, he said he got a letter two days ago (18th Oct) from them saying the management company is £10k in service charge arrers. I never got that letter!
Residential tenants will lawfully be entitled to withhold payment of service charges unless a summary of their rights and obligations accompanies the demand.

New rules requiring a summary of tenants’ rights and obligations rights to accompany service charge demands will apply from 1 October 2007. The rules apply to residential long leaseholders only. Unless the summary accompanies a demand a tenant will be lawfully entitled to withhold service charge payments. Further the penalties relating to non-payment of service charges in the lease such as interest/forfeiture will not apply.

The summary can be found in the Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007. The summary must be printed in a size 10 font and must be included with all demands.

By way of example the summary covers:


the tenant’s right to ask the Leasehold Valuation Tribunal to determine the tenant’s liability to pay service charges;

the tenant’s right to request a written summary of the costs which make up the service charges; and

the tenant’s right to inspect the service charge accounts and supporting receipts.

Have a close look at your lease. That will outline the timings and rememdies relating to payments of rents and service cahrges etc. Otherwise i would seek advice using the link in the above post.
wot he sez thumbup