Service charge arrears still haunting me?

by Readers Question

13:41 PM, 24th October 2016
About 2 years ago

Service charge arrears still haunting me?

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Service charge arrears still haunting me?

I completed on a sale of a flat in 2009, received my first service charge invoice in 2013 with backdated amounts. Was not happy about this so spoke to the management company and told them they had failed to comply with section 20B of the landlord and tenant act 1985. be reasonable

We agreed (verbally only – would not issue in writing) to pay 18months going back from 2013 and everything going forward which we did. We then kept still receiving the invoices with the arrears, then a final notice. Having then spoken with leasehold advisory who advised to send the full amount by cheque with the words ‘Payment under protest’ written on it with an accompanying letter.

The management company did not like this and did acknowledge receipt with a telephone call, but this cheque was never cashed. A new management company took over in May 2015 then started with their chasing, I explained the situation to them and they could offer no resolution.

We sold the flat in November 2015 and all arrears were declared from the start. No questioning ever took place from the new buyers solicitor. Still to this day I am receiving service charge letters as the full sale transaction and transfer of ownership won’t take place until arrears are cleared.

I want to clear this situation and am willing to pay some towards it to resolve once and for all. The total bill is just over £3000. This includes £760 of service charges which relate to after the completion of the sale.

There is also an amount of £1106 for intended dry rot works to the grade 2 listed development, this work was never started during my ownership of the flat so I don’t see why I should be billed for this also. Can anybody help with any suggestions as to what to do?

Many thanks

Nikesh



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