Please or to access all these features

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
GranPepper · 23/11/2024 19:57

Pawparazzi · 23/11/2024 18:13

This is my Freeholder and Management Company they are talking about: AssetHold and Eagerstates. We are a block of 36 flats but we have achieved RTM, although it's been appealed and so we are back at Court over it.

Gosh. They'll stop at
nothing to continue exploiting people. Good luck with appeal

MumsGoneToYonderLand · 23/11/2024 20:11

Contact your MP. Casework is what they are there for. Good luck x

StarCurator · 23/11/2024 20:20

No, you are not being unreasonable. You and your partner are under immense pressure, and the feeling that you are not powerful to do anything about it is driving you to despair. As you'll know, the government is actively pursuing abolition of leasehold. It has been on the table for a long time, but the Tory government procrastinated, likely because of vested interests, and it will take some time to enact.

I suggest that rather than despairing, you immediately sign up for the Leasehold Knowledge Partnership and write to its co- founder, Sebastian O'Kelly, to see if he has any suggestions. At least you will feel that you are getting support, and perhaps meet others in the same position: https://www.leaseholdknowledge.com/ It is a registered charity and extremely reputable, and the charity has fought successfully for some of its members. Do you live in a block or large apartment building, and have you contacted other leaseholders. If you complained en masse, perhaps that would be effective; I don't know your legal position if you refused to pay.

I'd also say - don't panic or despair! Your apartment has only been on the market for six weeks, and in your position I'd take advice from Legal Knowledge Partnership before you go into the auction process. And you are only 31. It is very frustrating to feel that you can't start a family and are stuck in a holding pattern, but time is on your side so don't make major decisions in haste. What is your asking price?.

Leasehold Knowledge Partnership - Leasehold Knowledge Partnership

https://www.leaseholdknowledge.com

Pawparazzi · 23/11/2024 20:21

Chan9eusername · 17/11/2024 21:26

Move to rtm. We did this in a smaller building & saved ourselves a fortune.

But also check your ground rents. If the service charge includes that, it possible its one of those awful properties that had wildly escalating ground rents. Those were horrendous.

Service Charges never 'include' Ground Rent. They are two separate things, often collected by two separate companies. Plus, you cannot pay Service Charges out of a Ground Rent pot and vice -versa.

Brodie13 · 23/11/2024 21:30

I’m so sorry to read this. We have the same issue with our flat in Milton Keynes. But ours was always just an investment property. I’ve always said to my husband how bad I feel for people whose main property is caught up in this cladding saga. I can’t imagine how trapped you feel. It’s ridiculous 😓

Stalygirl · 24/11/2024 01:08

This also sounds like a situation that might interest the media? The journalists who take on the banks/mortgage companies in the Consumer pages?

Haveyouseenthischicken · 24/11/2024 01:11

Pawparazzi · 23/11/2024 18:10

I think I've posted on this already, but as others have already suggested, one sure way out of this he'll for you is 'Right to Manage'. Send me a DM if you want more info on this, but it IS a long process, it can take 12 months or more. But also, you can go to the FTT (Fist Tier Tribunal) to claim back unreasonable charges. You don't need a solicitor. You can make a case yourself.
Did you see the BBC coverage yesterday on Eagerstates and AssetHold in north London? They are my Freeholder and we too, are facing upward-spiralling service charges. We have achieved RTM but have been blocked so we are back at the FTT Court. Failing everything else, look into selling by 'Modern Method of Auction'. You will lose money, perhaps have to sell at 25% under valuation, but the process takes only about 8 weeks and then you will be free of the issue.

Hiya do you know how much the first tier tribunal costs overall? Thank you.

OP posts:
Haveyouseenthischicken · 24/11/2024 01:16

Truly overwhelmed at the response this post has had. I feel so much brighter having posted this and to still be getting replies a week later is honestly so lovely. We are assessing our options at the moment and are exploring all of the Amazing suggestions everyone has put forward. Thank you all so much for your well wishes and help xxx

OP posts:
Libbysmum77 · 24/11/2024 08:46

Look at BBC NEWS Charged £720 to have a key cut - soaring bills drive leaseholders to breaking point. This program was on a few days ago. You are far from alone. I hope your situation changes soon. Disgusting greedy behaviour by the management of some / many of these properties

LJL5454 · 24/11/2024 09:35

Have you considered going down the tribunal route on the bases of unfair charges

Pawparazzi · 24/11/2024 10:05

FTT costs are low, I believe it's only £100 to register your case. However, if the FTT judgement goes against you, you CAN be liable for the costs of your management company. This is the predicament my block is facing ATM.

BrickMoose · 24/11/2024 10:24

Hi op I feel your pain and I believe government are looking into this sort of shady practice but it is a slow process, I think there is a process that you can use where a court can rule on whether or not these sort of charges are reasonable or not. Not sure how you start the process or how much it may cost. Perhaps like minded residents can help with the cost. Check out home owners alliance and the leasehold advisory service, there are others if you Google for them. Good luck

HashBrown31 · 24/11/2024 21:02

Could you part ex it with a new build developer? Your loss might not be so big?

ElectricLegs · 24/11/2024 21:03

You have my sympathy OP. Leasehold management companies are the latest way to bleed people dry. They will keep upping the charges every year to keep the shareholders in luxury.

You won't need telling this, but never buy leasehold. Hope for the greater fool when it comes to selling, if you can get rid of this property.

Mickky · 25/11/2024 10:08

Feel your pain and feel so angry on your behalf. X

Whenlifegiveslemons · 27/11/2024 19:33

I've been there, long story but we had same issue in that I owned a flat with my sister & service charge increased so high (more than mortgage) it became an absolute scam. I organised meetings with the management company & had them went through everything with them - they agreed a few reductions in costs. I did a tonne of research at the time & there is a law where they can't make an increase above a certain amount without consulting tenants first. If your service charge is due to double - I'd have thought this would fall under that. I was like a dog with a bone, I knew the ins & outs legally & challenged them on every item on the bills (eg a sinking fund they wanted to maintain which was unreasonably high).

I really feel for you, it was so unbelievably stressful. We managed to sell without making a penny (covered legal costs only). Wishing you luck with it.

ElaborateCushion · 28/11/2024 10:55

Whenlifegiveslemons · 27/11/2024 19:33

I've been there, long story but we had same issue in that I owned a flat with my sister & service charge increased so high (more than mortgage) it became an absolute scam. I organised meetings with the management company & had them went through everything with them - they agreed a few reductions in costs. I did a tonne of research at the time & there is a law where they can't make an increase above a certain amount without consulting tenants first. If your service charge is due to double - I'd have thought this would fall under that. I was like a dog with a bone, I knew the ins & outs legally & challenged them on every item on the bills (eg a sinking fund they wanted to maintain which was unreasonably high).

I really feel for you, it was so unbelievably stressful. We managed to sell without making a penny (covered legal costs only). Wishing you luck with it.

I agree that there are managing agents whose costs seem to be very excessive and need challenging.

The sinking fund thing is a challenge in itself though. I deal with lots of properties - some managed by agents and some have their own in house property manager who deals with everything with the oversight of resident directors.

Trying to find a balance between keeping service charge costs down, while maintaining a suitable fund for future major works can be a challenge.

If they don't forward plan for the major works, there would be a sudden demand for a lessee's share of a major cost.

Some blocks come with lots of facilities now and many were built a number of years ago and are coming near due for some major costs.

I deal with a self managed block where all the residents were moaning that their windows were draughty and leaky. The directors explained that there wasn't currently enough money in the reserve fund to pay for new windows, but they'd factor it in to the future budgets. This would have meant increasing the service charges to cover this cost. Then the lessees moaned that they didn't want their service charge to go up. I'm not quite sure where they expected the magic window money to come from!

In the end, they had to just arrange a deal with a window company so that the people that wanted their windows done could just pay for them themselves.

They have done a 10, 15 and 20 year maintenance plan with everything costed out. Many leases have clauses that the common parts must be redecorated every X number of years and outside Y number of years. There's two issues with this - paint is now a lot more expensive than when the lease was drawn up but has also got better in quality, so, if maintained well, should last much longer than the covenanted period in the lease.

And if you've got a lift? Big, big ££ will need to be spent on overhauls and eventual replacement.

This, combined with insurance policies increasing massively since Grenfell makes the costs astronomical before you even have a dodgy managing agent.

As I say, I know there are some managing agents that over-charge, or just don't have any incentive to keep costs as low as possible, and the £720 key charge example is just outrageous, but even the best managed properties have seen their service charges rise significantly.

Word to the wise for anyone buying a flat in a new development. They will advertise the service charges at a rate that seems very reasonable compared to other local "second hand" flats. Those service charges too will increase significantly over time, so don't be swayed by the sales tactic of low service charges..

Happy2ndtime · 30/11/2024 14:04

My daughter bought a house in a small development which also had a leasehold management contract. The company were useless and very expensive. She and the other leaseholders got together and got "right to manage" sorted out saving everyone a huge amount of money. There are a lot of specialist companies who can help (bearing in mind their costs would be split between all leaseholders). There is power in numbers! Why not start a FB group to get everyone together?It's possible that there is someone in your block who could sort out the legal side. Also tne legislation to stop these gits ripping off homeowners has started going through parliament. Good luck, I feel for you.

Pawparazzi · 30/11/2024 18:48

There are specialist companies which can (and should) steer you towards RTM. Don't try to do it yourself- one tiny omission in the 'Application' and your case will be thrown out. You'll have to start all over again and right now, the backlogs in the Property Courts are extensive- at least 9 months. My block started the RTM application nearly 2 years ago and because of a simple typo error, legal challenges by our Freeholder and long delays in our application reaching the top of the pile, we are only now, close to a conclusion.

New posts on this thread. Refresh page
Swipe left for the next trending thread