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Legal matters

Unreasonable addition to service charges or not?

6 replies

pieceofme · 01/09/2010 13:49

Hi all,
I'd really be grateful for your thoughts on this one. Husband and I own one of three flats in a converted terrace. The freeholder (let's refer to him as FH) owns the other two. He's OK... a few run ins here and there, but otherwise no major problems with him. We have always paid the service charges and ground rent promptly and have always kept our areas in good condition. In 2009 and 2010, we didn't receive our service charge bills. We dropped FH a line earlier this year (to ensure that he was OK) and got a reply saying that he would be in touch. At the beginning of August, FH finally got in touch. He explained that he had been behind on sending us our bills as he had had two difficult years (several deaths in family)... and so we had two years to pay. All OK and expected EXCEPT for the fact that he's added on an extra £1000 for managing the property himself (we are liable for a third of this); essentially for him time. FH claims that its a reasonable fee, but out of the blue like that... and without any consultation?? Is that cool? He also says that it is "assumed in the lease". I've just read the lease and yes, we should share the costs if a management company is used, but he ain't no management company!! Any advice would be much appreciated. I am happy to provide further info. if needed. Thank you, thank you!

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LucindaCarlisle · 01/09/2010 14:13

Suggest that you go to Arbitration.

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pieceofme · 01/09/2010 14:19

Thanks for posting so quickly! Could you briefly explain what that it and how it works? I'm a moron.

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LucindaCarlisle · 01/09/2010 14:21

Google arbitration lease disputes

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pieceofme · 01/09/2010 14:33

Done... Sorry, I wasn't clear in my last post. What I'm trying to get at is whether you feel that I have reasonable cause to complain or query his demand. It feels unreasonable, but might of course be entirely common (and correct) practice. I am clueless regarding the legalities and technicalities of this sort of thing, and hardly want to cry foul if I'll end up looking like an idiot! Would you agree that he's being unreasonable?

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EldonAve · 01/09/2010 14:39

what is his fee as a % of the total service charge?

I'd say he's trying it on

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LucindaCarlisle · 01/09/2010 14:40

Ask him for a detailed breakdown of what management services were performed.

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