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Author Management Company Advise
Andrew
Member

Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
26th Jan 13 at 22:59   View User's Profile U2U Member Reply With Quote

We had a leak 6 months ago. It took RMG 3 days to come and close the fire exit which was allowing water in. 6 months later they have not repaired the damage. I have several e-mails back and forth as well as telephone calls to the manager and general staff. The repairs still have not been done. My last call earlier in the week i was advised painting would have been done on Saturday. This has not been done!

I now have the management bill in at £1100.00 for the year. I don't want to pay this as i'm not seeing anything for my money...

Where do i stand?

3 of us in the block, girl on the bottom has paid up already and i've not seen the girl in the middle for a couple of years
AndyKent
Member

Registered: 3rd Sep 05
User status: Offline
27th Jan 13 at 09:43   View User's Profile U2U Member Reply With Quote

You can't legally withhold payment without eventually being sued, although doesn't stop you complaining some more and threatening to withhold.

Eventually you can get together with other leaseholders and form your own management company which can force this lot out.....lot of work to agree with all the other owners though
AndyKent
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Registered: 3rd Sep 05
User status: Offline
27th Jan 13 at 09:43   View User's Profile U2U Member Reply With Quote

Think it's called collective enfranchisement btw
Andrew
Member

Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
27th Jan 13 at 09:55   View User's Profile U2U Member Reply With Quote

Thanks for that Andy. I'll get back onto them Monday morning and follow up with an e-mail so i have something in writing.

£1100 is a fair chunk of money when i'm not seeing anything for it. I'm having to clean my own landing because the cleaners come once a month if we are lucky.
AndyKent
Member

Registered: 3rd Sep 05
User status: Offline
27th Jan 13 at 14:09   View User's Profile U2U Member Reply With Quote

Actually I'm slightly wrong, its the right to manage legislation - collective enfranchisement is buying the freehold from the landlord

[Edited on 27-01-2013 by AndyKent]
Jules S
Premium Member

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Registered: 24th Dec 03
User status: Offline
28th Jan 13 at 21:32   View Garage View User's Profile U2U Member Reply With Quote

I have some experience in matters like this...

In my situation there were 6 long leaseholders with three rented out to randoms.

We employed the management co though; although we didn't own the freehold

Do any of you sign off the accounts yearly?
Andrew
Member

Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
30th Jan 13 at 20:14   View User's Profile U2U Member Reply With Quote

I just get a bill every year or every 6 months if i'm skint at the time of paying in Jan.

Not had chance to phone them again this week to discuss my options. Hopefully Friday i can do this.
VegasPhil
Premium Member

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Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
1st Feb 13 at 20:44   View Garage View User's Profile U2U Member Reply With Quote

Is the bill itemised? I used to get an itemised bill and get them to give me a new bill with work they hadn't bothered doing taken off. Saved me hundreds.


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Andrew
Member

Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
2nd Feb 13 at 21:10   View User's Profile U2U Member Reply With Quote

Very good call that Phil! Will look into this.

Called up Friday, advised the painters would be here today. They do not arrive.

W$hen I bought this apartment I was advised management would be a couple of hundred quid per year. Was a sales lie! Nothing I can do about this apart from learn from it. Annoyed I have an £1100 bill and the one and only time I have asked for something to be done the bastards are not doing it.
VegasPhil
Premium Member

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Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
2nd Feb 13 at 21:38   View Garage View User's Profile U2U Member Reply With Quote

It's not on. Get the itemised bill. You need to see a break down of what you are being billed for.


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Andrew
Member

Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
User status: Offline
2nd Feb 13 at 21:59   View User's Profile U2U Member Reply With Quote

I have a quiet week this week. Will be on the phone again Monday requesting last years itemised bill. I have this years on my desk here.

This apartment was perfect for me when i purchased it in 2009. Was working away and arriving home late at night etc. Spare room meant i could set up an office for home working. I wasn't too bothered about the management fee but as i say i was lied to by the sales person and should have got this in writing.

Now there are two of us living here and the robbing management company in place, wish i had of bought a house.
Fad
Member

Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
2nd Feb 13 at 22:56   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by AndyKent
Think it's called collective enfranchisement btw


Enfranchisement is when you collectively buy the freehold interest of the property. You need a majority unles there is 25% commericial element (mixed use development)

There are a number of other ways you can overthrow the managment company

1) Set up a RTM (Right to manage company) You can then either manage or appoint your own agent. (freeholder becomes seperate from the day to day running)
2) Enfranchisment so you own the freehold collectively and have a hands on running of the estate and control ground rents etc.
3) Form a residents association (more influencial rather than controlling) This way the management company will be working out expenditure budgets to suit the residents etc

Ultimately you cannot withold payment from th management company as your lease stipulates you need to pay for it on specified dates. It will leave you open to paying legal fees for debt collection or any letters they issue to you etc etc.

If you feel your managing agent is not fulfillig their duties I would look to collectively forming an RTM to run the block and appoint your own agent (so you become their employer) this way they will be working for the residents directly and will be bound to do a better job. Ideally they should hold an AGM once a year so you can drill them on where the money is being spent etc You also have a right to request every invoice of expenditure so you can raise any concerns over wastage or them using contractors which may be a conflict of interest (i.e in house cleaners/handy men)

If the managing agent is the freeholder (quite usual) the threat of an RTM forming will be enought for them to buck up their ideas as they can no longer hold Lessees (flat owners) to ransom.

Obviously the above is just a brief outline but you get the idea.

Having worked for a real estate comany I would never ever ever consider a leasehold property as you are at the mercy of Landlords (freeholders), Management companies and douchbag neighbours who disrupt the running of the block/estate.



[Edited on 02-02-2013 by Fad]

 
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