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The property column         2004

When the freeholder neglects services and maintenance

When a friend bought an investment apartment for investment, she thought nothing could go wrong.  It was in a brand-new block by the sea, and the building was going along to schedule. But as it neared completion, the developers disappeared, leaving work unfinished in the common parts.

A few months later, they surfaced briefly to offer the fourteen flat owners the chance to buy the freehold. Unfortunately, not enough of them were willing or able to fork out the £4000 each that purchase of the freehold would have cost.

So the freehold was sold over the residents’ heads to a property company who still did not carry out the work needed on the building.

Despite this, each of the residents received a bill for over £300 for ‘retrospective’ service and maintenance from the new freeholders, and were told that the charges would ‘go up more’ in future. One of the items was a charge of over £1000 for ‘changing light bulbs’.  No services, apart from occasional cleaning of the common parts, were ever provided. No maintenance of any kind had been carried out.

The residents formed an Association and requested documentation to support these demands, only to be told that the original developers ‘left no paperwork.’ What could they do now? 

LEASE,the Leasehold Advisory Service, SAYS:

A big worry for residents in cases like these is repossession, another is that interest will be charged on late payments. But they need to be aware of the following facts.      

 

verticalline.jpg (2301 bytes)  

Liz Hodgkinson is a prolific author and journalist contributing to many publications. She has written over 40 books on a wide variety of topics and has a background in national newspapers. She now falls into the 'later-life' age category and in recent years has started writing for this 'older' market, and contributes to Saga magazine, among others.

Liz has two sons and four grandchildren. She is divorced and now lives in London and on the SouthCoast. She has written three books on property matters and her interests include snooping round other people's houses and viewing showhomes.

 

  • Since the Housing Act of 1996, landlords cannot bring forfeiture proceedings for non-payment of service charges unless a court has already ruled that the charge is due. So this frightening procedure can no longer be used.

  • Nor will a mortgage company any more pay the disputed arrears to prevent forfeiture.

  • Leaseholders have a statutory right to inspect accounts and receipts for charges made, and it is a criminal offence for the freeholders to fail to comply with this.

 

 
  • What the residents in a case like this should do is to pay any charges supported by documentation, and withhold the rest of the money until proper accounts have been established. Freeholders cannot just pluck a charge out of thin air.

  • The leaseholders could get a surveyor’s report on the reasonableness of the charges made so far.

  • A breakdown must be provided of works to be carried out in future, with proper estimates and quotes sent to each leaseholder. Charges can be variable and subject to increase, but freeholders are not allowed to charge more than is reasonable.

  • If the freeholders are going to start charging for a sinking fund, they must make this clear as well.

THE LAWYER’S VIEW

  • Always move heaven and earth to buy the freehold to avoid this kind of problem. I can’t repeat this advice often enough.

  • Also, it’s imperative in the case of a dispute, that residents stick together and adopt a united stand.  Otherwise, they are at the mercy of whoever buys the freehold.

  • I suspect that in this case the new freeholder is taking an opportunistic chance to recover expenditure. But the residents should not pay these service charges – apart from the ground rent – until the position has been legally investigated.

  • The residents should still buy the freehold if they possibly can. It’s the only way of avoiding this kind of situation developing.

 

Lease: The Leasehold Advisory Service is at: 70-74 City Road, London EC1Y 28J. website:  www.lease-advice.org email: info@lease-advice.org tel: 020 7490 9580

 

 

 

 


 

laterlife interest

The above article is part of the features section of laterlife.com called laterlife interest. laterlife interest contains a variety of articles of interest for visitors to laterlife.com written by a number of experienced and new journalists.

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