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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to be absolutely devastated by this?

370 replies

Haveyouseenthischicken · 16/11/2024 00:16

Posting here for traffic and because I am desperate for someone to talk me down off the ledge!

We own a flat in an expensive part of England. We paid £275k for it back in 2020, it came with a £1900 annual management fee. We thought ah, not so bad, it’s a city centre flat in a new development. In 4 years it’s gone up to £3600. The services received are crap. Over £50k for ‘gardeners’ who come once a year to mow the communal lawn. Cleaners who clock in on the sheet then leave 10 minutes later having done nothing. A scummy company basically, con artists and of course they’re totally unregulated.

We were unluckily caught up in the cladding scandal, and the whole saga of having this rectified took nearly 4 years in total. We moved out over 2 years ago and relocated for career changes, and have been living in a tiny 1 bedroom flat ever since. We couldn’t sell due to the lack of fire safety so have had to rent. We got the fire safety certificate and thought great, now we can sell our flat and move on with our lives! Now we can start trying for a baby (I’m 31, time isn’t on my side).

The flat has been on the market for 6 weeks and not a single viewing or enquiry. We’ve already priced it 25k below market value. Our agent believes it’s the high service charge putting people off.

After 2 years of hell waiting for the certificate and constant pushbacks by the housing developer for non existent reasons, we’ve today been told that our 2025 service charge will be between £7-9k PER FLAT to cover the cost of a new building safety report for all buildings over 18m high. There’s no guarantee this is a one off payment either. If people don’t want to buy with a £3600 service charge, they aren’t going to touch a flat with a £7-9k service charge.

I am absolutely devastated and have been crying since we found out. We thought this hell was over. Our lives have been stalled for over 2 years already. We can’t afford this charge. We are looking at a potential £700+ addition on top of our mortgage. We have tenants in at the moment but their rent only covers the mortgage and the service charge. We never have and never will make any profit off the flat, we rented it out of desperation and because we needed to relocate.

We are now looking at selling it at auction with a reserve price of £230k. We have an £80k deposit in this property and £180k left on the mortgage, so we would be selling at a major loss but at this point it seems the best option. We’ve even stooped to contacting those house buying companies.

I know it sounds dramatic but it genuinely feels like our life is over. We are just normal people with normal salaries. This will financially ruin us 😭

OP posts:
Thread gallery
7
ThatSchoolOfficeLady · 17/11/2024 18:50

This is such a sad situation. Our housing market is truly broken.

friskybivalves · 17/11/2024 18:53

This reply has been deleted

This message has been withdrawn at the poster's request

It is a figure of speech.

You haven't read the thread.

Perhaps she did feel that desperate. Perhaps she didn't.

Stop being the speech police.

LibbyL92 · 17/11/2024 18:55

Who is the developer? A friend of mine and her block of flats are taking their developers to court.. very very similar story to yours!

SoNiceToComeHomeTo · 17/11/2024 18:58

Wibblywobblybobbly · 17/11/2024 18:42

This is terrible advice. It will completely wreck the OPs credit rating if nothing else.

Yes it will wreck her credit rating, but OP is in a desperate situation. What can she do, with services charges way beyond what she can afford to pay herself or from her rental income, and the property unsaleable? It is a hideous situation; can you suggest a way out that is in her power to make happen? She might be rescued by a change in legislation, but she can't make that happen.

Roco11 · 17/11/2024 18:59

Haveyouseenthischicken · 16/11/2024 00:16

Posting here for traffic and because I am desperate for someone to talk me down off the ledge!

We own a flat in an expensive part of England. We paid £275k for it back in 2020, it came with a £1900 annual management fee. We thought ah, not so bad, it’s a city centre flat in a new development. In 4 years it’s gone up to £3600. The services received are crap. Over £50k for ‘gardeners’ who come once a year to mow the communal lawn. Cleaners who clock in on the sheet then leave 10 minutes later having done nothing. A scummy company basically, con artists and of course they’re totally unregulated.

We were unluckily caught up in the cladding scandal, and the whole saga of having this rectified took nearly 4 years in total. We moved out over 2 years ago and relocated for career changes, and have been living in a tiny 1 bedroom flat ever since. We couldn’t sell due to the lack of fire safety so have had to rent. We got the fire safety certificate and thought great, now we can sell our flat and move on with our lives! Now we can start trying for a baby (I’m 31, time isn’t on my side).

The flat has been on the market for 6 weeks and not a single viewing or enquiry. We’ve already priced it 25k below market value. Our agent believes it’s the high service charge putting people off.

After 2 years of hell waiting for the certificate and constant pushbacks by the housing developer for non existent reasons, we’ve today been told that our 2025 service charge will be between £7-9k PER FLAT to cover the cost of a new building safety report for all buildings over 18m high. There’s no guarantee this is a one off payment either. If people don’t want to buy with a £3600 service charge, they aren’t going to touch a flat with a £7-9k service charge.

I am absolutely devastated and have been crying since we found out. We thought this hell was over. Our lives have been stalled for over 2 years already. We can’t afford this charge. We are looking at a potential £700+ addition on top of our mortgage. We have tenants in at the moment but their rent only covers the mortgage and the service charge. We never have and never will make any profit off the flat, we rented it out of desperation and because we needed to relocate.

We are now looking at selling it at auction with a reserve price of £230k. We have an £80k deposit in this property and £180k left on the mortgage, so we would be selling at a major loss but at this point it seems the best option. We’ve even stooped to contacting those house buying companies.

I know it sounds dramatic but it genuinely feels like our life is over. We are just normal people with normal salaries. This will financially ruin us 😭

Can you organise a tenants meeting and all vote to pay current management charge + minor % annual increase. Collectively contact solicitor and challenge.
You will get further collectively. But you do need to declare to any potential buyers if in dispute.

Meltdown247 · 17/11/2024 19:01

Haveyouseenthischicken · 16/11/2024 00:16

Posting here for traffic and because I am desperate for someone to talk me down off the ledge!

We own a flat in an expensive part of England. We paid £275k for it back in 2020, it came with a £1900 annual management fee. We thought ah, not so bad, it’s a city centre flat in a new development. In 4 years it’s gone up to £3600. The services received are crap. Over £50k for ‘gardeners’ who come once a year to mow the communal lawn. Cleaners who clock in on the sheet then leave 10 minutes later having done nothing. A scummy company basically, con artists and of course they’re totally unregulated.

We were unluckily caught up in the cladding scandal, and the whole saga of having this rectified took nearly 4 years in total. We moved out over 2 years ago and relocated for career changes, and have been living in a tiny 1 bedroom flat ever since. We couldn’t sell due to the lack of fire safety so have had to rent. We got the fire safety certificate and thought great, now we can sell our flat and move on with our lives! Now we can start trying for a baby (I’m 31, time isn’t on my side).

The flat has been on the market for 6 weeks and not a single viewing or enquiry. We’ve already priced it 25k below market value. Our agent believes it’s the high service charge putting people off.

After 2 years of hell waiting for the certificate and constant pushbacks by the housing developer for non existent reasons, we’ve today been told that our 2025 service charge will be between £7-9k PER FLAT to cover the cost of a new building safety report for all buildings over 18m high. There’s no guarantee this is a one off payment either. If people don’t want to buy with a £3600 service charge, they aren’t going to touch a flat with a £7-9k service charge.

I am absolutely devastated and have been crying since we found out. We thought this hell was over. Our lives have been stalled for over 2 years already. We can’t afford this charge. We are looking at a potential £700+ addition on top of our mortgage. We have tenants in at the moment but their rent only covers the mortgage and the service charge. We never have and never will make any profit off the flat, we rented it out of desperation and because we needed to relocate.

We are now looking at selling it at auction with a reserve price of £230k. We have an £80k deposit in this property and £180k left on the mortgage, so we would be selling at a major loss but at this point it seems the best option. We’ve even stooped to contacting those house buying companies.

I know it sounds dramatic but it genuinely feels like our life is over. We are just normal people with normal salaries. This will financially ruin us 😭

I had this years ago when there was even less regulation. Set up a tenant committee then vote the management company out. We did this, the management company ended up changing their behaviour, we got to approve every vendor (cleaners, window cleaner, maintenance etc.) then we went after the freehold. It’s not a lot of work but it needs some people to step up.

ConstanceM · 17/11/2024 19:01

Can you contact your local MP to put pressure on the Labour government to regulate these reckless management companies. I bought a new build apartment in Bham city centre in 2004 and ditched it due to the increasing management fees. I implore people; PLEASE DO NOT BUY ANY NEWISH LEASEHOLD APARTMENTS. You won't be able to sell it and it will be ruinous financially. Banks won't lend on any block that has cladding issues etc

Thinking2022 · 17/11/2024 19:02

this sounds really horrendous. someone may have suggested this but there appears to be a free service https://www.lease-advice.org/
and someone did suggest Shelter https://england.shelter.org.uk/professional_resources/legal/home_ownership/service_charges/challenging_service_charges_for_leasehold_properties
If you could ask everyone in the building to contact you if they have the same issue perhaps you can all join together to make one challenge?

Home - The Leasehold Advisory Service

Government funded, independent advice for residential leaseholders and park home residents

https://www.lease-advice.org

Deeperthantheocean · 17/11/2024 19:04

Awful and unfair. Could you try a 'we buy any house' company? It will less but perhaps better than the bottom line loss? X

Didshejustsaythatoutloud · 17/11/2024 19:09

I'm so sorry for you. Get in touch with your local mp as suggested above. We moved into a new build estate 15yrs ago, there was 2 smallish patches of grass either side. There was a "service" charge for grass cutting. £145 per year 42 houses on estate. It got cut twice per year.
Thank goodness the property developer went bust. I know it was only £145 per year but they were taking the piss, nothing like what your paying.
I wish you luck, go down every avenue.

MadMadaMim · 17/11/2024 19:11

This reply has been withdrawn

This message has been withdrawn at the poster's request

Daisymay2 · 17/11/2024 19:11

Right to manage urgently. Contact all other owners, get details from Land Registry if you have to. The management company will try to resist but if you have the numbers you will win. When you look for another Manageing Agent use the checklist published by ARLA a few years back. I used it, it was invaluable.
The management company should be applying to the Government funds to sort the cladding. In our development the government funding pays for the survey.
Longer term the developers should be put on notice that they should be funding repairs. Even if they have put the company into liquidation the previous goverment put somethong in place so that if the parent company still functions they are liable. (In my case Blogs builders Mongolia Ltd who built my flat were liquidated but Blogs Builders Nepal Ltd are still building new houses and has the same directors so they are liable)
As well as the Leasehold Advisory Service mentioned previously, the Leasehold Knowledge Partnership are superb. A charity I think but have given a lot of advice to Parliamentary committees.
Our development has a small amount of cladding, and the other Directors and I selected a decent managing agent who is dealing with everything.

Toooldtopretend · 17/11/2024 19:16

Wow, this is horrendous. You need to get PR on your side to highlight how ridiculous this is and to force some sort of action. Have you tried contacting BBC consumer shows, Martin Lewis type etc?

so sorry that this is happening to you

Wibblywobblybobbly · 17/11/2024 19:16

SoNiceToComeHomeTo · 17/11/2024 18:58

Yes it will wreck her credit rating, but OP is in a desperate situation. What can she do, with services charges way beyond what she can afford to pay herself or from her rental income, and the property unsaleable? It is a hideous situation; can you suggest a way out that is in her power to make happen? She might be rescued by a change in legislation, but she can't make that happen.

I've already recommended her legal options above. There are steps she can take.

Not only will it wreck her credit rating to follow your suggestion, but depending on the terms of the lease if she fails to pay the service charges the freeholder could ultimately forfeit the lease. Then she would still owe the mortgage company the money but would have no way of paying it back as she would no longer have the asset. The mortgage company could come after her for the mortgage.

Even if that isn't an issue and the mortgage company repossess it and sell it, all they will be interested in us the bare minimum needed to repay the mortgage.

This is a really serious legal situation. Advice that "you've heard that..." is unhelpful and potentially dangerous.

moodybluehpc · 17/11/2024 19:17

Try citizens advice. They were excellent when I had housing issues. Best of luck

oldmoaner · 17/11/2024 19:25

i would defiantly put notes through all letter boxes of affected flats, someone may have a family member or friend, solicitor that could offer some free/cheap advice to you all together.
other way coukd try to increase price you are selling fir by 10g and pay the first years fee for buyer. That way you could still afford to reduce price by 2g if asked to. That way a buyer may think we can save over 12 months so we will
have the fee ready for next year. Other than that ive no idea what you can do except carry on letting it and put rent up. Good luck.

daisychain01 · 17/11/2024 19:26

https://www.housing-ombudsman.org.uk/centre-for-learning/fact-sheets/charges/

although they can't change the rate itself, they can find out:

  • how a fee has been worked out
  • a refund request
  • the level of service provided for a fee
  • a landlord’s handling of your enquiry about rent or service charges

If you let them know about the gardening service, for example, they can take that up for you.

Rent and service charges | Resident | Housing Ombudsman

This information is for residents who have concerns about a charge they have paid or been asked to pay by their landlord.

https://www.housing-ombudsman.org.uk/centre-for-learning/fact-sheets/charges

Haveyouseenthischicken · 17/11/2024 19:29

This reply has been deleted

This message has been withdrawn at the poster's request

Thanks for the speech policing during perhaps the lowest moment of my life.

I have a 15 year history of mental health and have been medicated for the last 10 of these years. I have diagnosed bipolar disorder that is managed and depression. Friday night when I posted this I literally was on the edge of taking my life in my bathroom. To the point where my husband had to contact my mum and MIL and get them to drive 3 hours to sit with me whilst I sat sobbing on the bathroom floor rocking. Not my proudest moment but reality for me!

I’m really pleased that you felt compelled to comment, ignoring the entire post but honing in on the opening line so that you could feel some superiority(?) unsure what your intention was!

I’d appreciate it if you didn’t bother commenting again.

OP posts:
SoNiceToComeHomeTo · 17/11/2024 19:32

Wibblywobblybobbly · 17/11/2024 19:16

I've already recommended her legal options above. There are steps she can take.

Not only will it wreck her credit rating to follow your suggestion, but depending on the terms of the lease if she fails to pay the service charges the freeholder could ultimately forfeit the lease. Then she would still owe the mortgage company the money but would have no way of paying it back as she would no longer have the asset. The mortgage company could come after her for the mortgage.

Even if that isn't an issue and the mortgage company repossess it and sell it, all they will be interested in us the bare minimum needed to repay the mortgage.

This is a really serious legal situation. Advice that "you've heard that..." is unhelpful and potentially dangerous.

I heard that information from a friend who is a conveyancing solicitor so it wasn't random. I did say that OP needed to take legal advice before going ahead with anything like that - it wasn't advice, just a suggestion that she might want to look into.

summersolsticesoon · 17/11/2024 19:33

First Port or RMG?
@SoNiceToComeHomeTo

summersolsticesoon · 17/11/2024 19:34

@Haveyouseenthischicken
Sorry I tagged the wrong person

Myfluffyblanket · 17/11/2024 19:37

No advice to give just wishing you , your husband and all your co-tenants the very best outcome to this awful situation .
I too have experienced the depressing misery of unaffordable and unsafe housing .
Also ...well done for standing up to the bully on this thread .

CosyCottages · 17/11/2024 19:46

So sorry you're in this situation. I experienced similar with my partner (a leasehold flat unsellable due to the cladding crisis and ground rents) and it's held us back years in life, which I've been quite bitter about as we've been stuck renting elsewhere while letting the flat.

Just to give you some hope, we finally sold it a month or two ago without even having to put it on the market (a friend of our tenant bought it) and we have just had an offer accepted on our dream house, so we are hoping to move on with our lives in the next few months.

I hope some good luck comes your way very soon.

Strictlymad · 17/11/2024 19:49

I’m so sorry you are going through this, it really is incredibly unjust. You’ve had some great advice already, definitely speak to the agent, see if maybe you can get a man initial free consult at a solicitor and Martin Lewis is a good shout. However gutting it maybe, however unjust, and even if the right thing to do is to fight the greedy grabby management I do think the course you are taking is probably the most sensible, to get shot of it asap at whatever loss needed, or it could cost more money and time in the long run. Especially if family planning is held up by this, I fear you just need to get rid and start a fresh. I’m so sorry though

mswales · 17/11/2024 19:52

OP I'm also in a leasehold and am part of the residents committee which has been battling similar issues for years in terms of unfair service charges and major works. (it's the same story with so called managing agents up and down the country). Luckily we didn't have cladding so it hasn't been so costly, I'm so sorry this is happening to you. There are changes coming with the Leasehold Reform Act but currently leaseholders have very little power. But they do have some, you can go to the First Tier Tribunal to challenge charges without having to get an expensive solicitor. I recommend calling the Leasehold Advisory Service for expert advice on your specific situation. Good luck