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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Managing agents causing problems.

12 replies

agedknees · 15/12/2010 16:18

Hope someone can help with this. We live in a long lease apartment. Pay service charges. For the whole of this year our managing agent has been undercharging us (due to a system error in their accounting software).

We have just received an invoice for £540. During the year we paid our normal service charge of £280 per quarter, which was the same as the year before.

The management company 'appreciate' it is the festive season and are proposing we pay the surcharge in 3 monthly instalments. I just want to tell them where to go!!!(Am being very restrained here).

Do we have to pay it (I know the answer is probably yes) and if so, can we pay it over 12 months. Have just had the normal service charge of £380 now (has gone up again) so it will be £920 to find. May as well just ask my employers to foward my pay cheques to the managing company.

Thanks in advance.

OP posts:

Original poster

agedknees · 15/12/2010 16:19

Sorry for such a long post.

OP posts:

WestVirginia · 15/12/2010 16:38

Get together with all the other residents or tenants and challenge their accounting methods. Then consider whether you can sack them and appoint more efficient agents.

Marjoriew · 15/12/2010 16:41

agedknees, can't help you here, but I suggest you wait wait for someone who is qualified to advise you with your problem.
There are quite a few legal bods here and someone will give you accurate advice.

Original poster

agedknees · 15/12/2010 16:45

Thanks everyone. I just want to sit and have a good cry. Been working overtime on days off etc and its just going to the managing agents.

Oh well, bit breath.

OP posts:

WestVirginia · 15/12/2010 16:54

If I were you I would ignore it.

SMulledwineS · 15/12/2010 18:34

Did you recieve notice that it would be going up last year? If you didnt then personally I don't think you should have to pay it.

Original poster

agedknees · 15/12/2010 18:42

No, did not receive notice it was going up. Good point.

OP posts:

SMulledwineS · 15/12/2010 18:46

Speak to CAB but don't pay it yet!!! Sounds liketheyve cocked up and now trying it on!!

WestVirginia · 16/12/2010 08:41

Are you in a big block with scores of residents?

Highlandgirl · 16/12/2010 10:18

Hi,

Sadly you have to pay it as per the terms of your contact. Might be best to look over your lease and double check it.

Sadly human errors do happen. I'd go with the payment plan. Find out who the letters go too..? Also service charges do go up and this is part of living in a block. Just because it's always been 1 price doesn't mean it won't change.

Also you can't sack the agents this has to be done by the people who 'own' the building freehold and not the residents. Sadly you have no control over the agents. Do you have a residents group who can contact the 'owners' of the building and inform them of this development.

Please don't ignore it at all. This won't go away. Please speak to your Property Manger.

Hope this helps?

WestVirginia · 16/12/2010 11:49

Ask for a detailed "Statement of Reasons" for the extra charges.

Ask them why the extra charges could not be taken out of the contingency reserve.

Ask them whether the extras are directly connected to your property.

Highlandgirl · 16/12/2010 13:42

You don't pay per property you pay for the block as a whole.

You will be charge a % share of the cost based on the size of your home.

Most buildings don't have a 'contingency reserve' or a float anymore as people have been requesting the interest back. You may find some of this money is need in advance for repairs needed next year.

Flip