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Leasehold flats - another query

8 replies

Celibin · 28/04/2011 19:38

We were told by Managing Agent that they can take leaseholders to court for not paying maintenance and repair charges. Is this true and if so, how does it work? (Not that we are one of these)

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bibbitybobbityhat · 28/04/2011 19:40

Not that you are one of what?

Yes, of course leaseholders can be taken to court where appropriate.

The lease is a legally binding document.

herhonesty · 28/04/2011 19:51

yes, for breach of lease ... but it takes a long time. mind you the theat itself could spur action.

Celibin · 28/04/2011 20:46

So it all boils down to what is in the lease? We have coughed up but looks like many others have not .

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seeksnewnamewithgsoh · 28/04/2011 20:56

We didn't agree that our management charges were fair, so told them 'see you in court' and filed for the case to be heard by the Leasehold Valuation Tribunal. We're almost to the point of sorting it out and having six years of charges refunded, to the whole block.

If you really feel like they're not providing a service worth you paying for, have look into doing it yourself. And get the other residents together - you'll have a much stronger case.

Do you feel like naming and shaming? I know a great resource for all the inside scoop on one of the big ones.

seeksnewnamewithgsoh · 28/04/2011 20:57

I should probably add that we didn't pay our fees - only ground rent - for three years for it to get to the point of them threatening court.

Celibin · 28/04/2011 21:28

Yes but what if Managing Agents have done Sweet F A for years and it is obvious some of the other leaseholders have also done nothing? i think the taking to court etc is all a load of rubbish because if it was so easy they would have done it before?The big bill at the end must benefit someone but the question is who?l

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seeksnewnamewithgsoh · 28/04/2011 22:23

That's exactly the situation we're in. They do nothing, we don't pay. And so on and so on. It took three years for them to finally get their case filed. By which point we'd got four years of evidence of work not carried out.

Start taking photos now and make a catalogue of what you're unhappy with. Start putting every complaint etc in writing and keep a file of replies.

It's not so easy to take you to court, that's why it takes a long time for them to do it, but you have to be prepared to go up against their team of lawyers which is what most people are scared of so they just pay up.

Celibin · 29/04/2011 13:10

The Landlord hasnow switched M anaging Agents The previous MA never did take no payers court in the end .Landlord obviously paniced at state of property. Lholders have paid twice; all the charges for surveyors etc but work never enforced nowhave to pay for another lot organised by new MA.If the work ever gets done. The first MA organised a meeting for l/holders but hardly anyone turned up

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