service charge..

[vito]

I live in a building with 5 flats in underhill road east dulwich, i bought me flat a few years ago already

before we use to run the building ourselves but it has been nearly one year we have a professional management company(name available on request as no recommendable at all)

They do pretty much nothing for us...no cleaning communal areas no taking care of garden nothing nothing nothing..all year!

Since Before we passed the management to them i have had leak into my small bedroom of course after spending crazy money on renovating the flat. I spent more than i should have in renovations as my idea was to rent the small bedroom to help me out with bills. Previous self made management asked me to wait to fix the leak as they were about to pass all papers to the new management company. The company has been made aware of my problem on the first day they took over and since than very second week for the past 11 months. When they took over we had to pay an expensive bill straight away with nothing else than 15 days notice, no instalments and I still struggle to rent the room as although redone to very high standards, you can see, smell and feel the humidity coming from that leak in my ceiling. I have had a few lodgers and all complained and some left the room earlier than agreed as for this problem.

After one year in which the management company did nothing no even cleaning communal stairs etc and after more than 20 requests by email and more than 20 by phone they finally sent me an email today dated 25th-03 but sent today 01-04. I hoped it was about my problem with the leak but it was about new annual service charge to pay for ?1300...once again no instalments and 15 days notice (minus of course the 5 day it took them to sent the email)and...i still cannot rent that room...

My questions are:

-CAN I REFUSE TO PAY TILL I DON T SEE AT LEAST A SCHEDULED DATE FOR THEM TO FIX THE ROOF??WHAT HAPPENS IF I DO THAT??

CAN THEY TAKE ME TO COURT ETC??

- What could they do if i don t pay?

- How can i get rid off them? Who do i need to contact if i want to get rid off them in favour of any other company??

Thanx for reading and sorry if i was bit long and boring but it is getting very frustrating. a part from having to pay big money to them for nothing, I keep losing money and struggling these days with mortgage as i cannot count on renting that room..

Wish all a nice week end

vito

[rendelharris]

Sounds an all too common nightmare I'm afraid. The Leasehold Valuation Tribunal can order reductions in service charges if, as seems the case here, it's simply being used as an excuse for extra rent. This might help:

http://www.lease-advice.org/publications/documents/document.asp?item=18#13

See if your fellow tenants have similar greviances, if you withhold your service charge en masse they're more likely to get worried. They could technically evict you for non payment but the legal costs, bailiffs etc would come to far more than the ?1300. Perhaps the Citizen's Advice Bureau might be able to help you find the best way forward? http://www.lease-advice.org/publications/documents/document.asp?item=18#13

Good luck!

Rendel

[muffins78]

Render, Can they evict a homeowner?

I've pm'd you Vito!

[rendelharris]

muffins78 Wrote:

-------------------------------------------------------

> Render, Can they evict a homeowner?

>

> I've pm'd you Vito!

I apologise, read too quickly and thought it was a tenancy. No then only in the most extreme circumstances and even then to seize a property they'd have to have the owner declared bankrupt, no court would order that for a ?1300 bill - my bad! But the advice about the LVT and CAB is still applicable.

I shall read more carefully in future!

Rendel

[Pugwash]

Are all the other leaseholders happy with the Management Company as I believe you have to have consent from the majority to hire a Management Company. One of my old work colleagues had a Management Company which the leaseholders were not happy with, and held a meeting and all agreed that they could do a better job themselves. I believe they went through a solicitor to sort it out. The freeholder was happy with their choice and raised no complaints

[ianc]

By the sound of it you all (the flat owners) collectively own the Freehold? If so, you will likely each have signed a Deed of Covenant promising not to let the building fall into disrepair. It is worth pointing out to the other flat owners that you are all collectively responsible for making sure this repair happens, and that this may involve electing another management company (or taking over the management yourselves). Pointing out the obligation to repair the roof may help to pressure the other flat owners into changing the management company.

If you aren't the freeholders, you can probably apply the same pressure to whoever is, and state that it's their problem to employ a management company to keep the building repaired.

As a previous joint Freeholder, I found asserting these obligations occasionally really helped to focus attention and to get folks to reach agreement and to get repairs arranged. This is particularly useful if you are up in the roof and have a leak, as other owners are likely personally unaffected by it. Remind them that they are affected by it, due to the obligations of being a freeholder.

[Cyclemonkey]

You need to work out ASAP what the freehold arrangements are. If you Co own the freehold you will do so via a company of which you will be a shareholder That company should send you accounts every year and there will be an AGM. If that is the case speak to other shareholders and see if you can call an EGM to sack the useless agents and address the issue of the leaking roof.

If there is a separate freeholder then get together with your fellow leaseholders and investigate right to manage.