The accounts and management are a joke?

The accounts and management are a joke?

11:41 AM, 18th June 2021, About 3 years ago 23

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I have held the lease on my first floor flat for the past 21 years, extending it in 2013. The Freeholder owns and lets out the ground floor flat. I have struggled with the Freeholders approach to managing my Lease. Standing charges include a peppercorn rent, £100 paid toward the Maintenance Fund and 50% of the building Insurance.

The ‘accounts’ are a joke and I often have to correct them, the Management Fund is supposed to be kept in a separate account and any interest added. Interest has NEVER been added to the account.

I have been waiting 13 years for external brickwork repairs, first proposed by the Leaseholder in 2008. Other repairs have been completed (without Section 21 being followed). I have only had sight of the Full Buildings Insurance Policy once. I have seen the full information given to the Insurance Company by the Freeholder on just three occasions, each time the information has been incorrect.

I have raised my concerns, but the Freeholder assures me that the building is adequately insured, however nothing in the Policy states that the building is insured as two s/c flats other than both flat addresses appear on the policy. When I write to the Freehold raising my concerns, I am either dismissed or ignored.

At present, I am about to serve a Notice of Intent at the end of June to take my concerns to Court as a Breach of Contract to try and get my Freehold to uphold her responsibilities.

Any advice would be most welcome.

Terri


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Comments

BernieW

14:55 PM, 21st June 2021, About 3 years ago

Reply to the comment left by Ian Simpson at 19/06/2021 - 07:09
Ian - Last year the Law Commission published its report on Leasehold Reform ... but nothing has become law yet. There are updates in the articles section of my website.

So far as lease extensions are concerned - you can serve notice on your landlord to require him/it to give you an extension ... once you've owned the lease for 2 years. The statutory process gets you +90 years added to the current term.

However, the Government's leasehold reform proposals indicates they want to change that to +990 years. So, as you have 108 years unexpired currently, it might be worth waiting for those porposals to be firmed up.

BernieW

14:56 PM, 21st June 2021, About 3 years ago

Reply to the comment left by TERRI DAVIS at 19/06/2021 - 07:54
Right to Manage gets you (and your fellow leaseholders) control of the management of the building. Yes, the freeholder is still there, but they cannot screw up the day-to-day services anymore.

Ian Simpson

14:57 PM, 21st June 2021, About 3 years ago

OK, Sounds sendible. When do we find out whether and when this law will change...? Surely it spells the death knell for mass freeholders like Simarc...?

BernieW

14:58 PM, 21st June 2021, About 3 years ago

Reply to the comment left by Ron H-W at 19/06/2021 - 10:05
Sorry, Ron. But there is also plenty of free information and resources on the website.

BernieW

15:00 PM, 21st June 2021, About 3 years ago

Reply to the comment left by DGM at 18/06/2021 - 13:29
Right to Manage needs 50% of qualifying leaseholders ... so depending on whether you own in one name or two ... that might be possible.

If the freeholder has not done anything for 6 years - then presumably the terms of the lease have been broken. You could therefore look at the possibility of a Tribunal appointed Manager.

BernieW

15:03 PM, 21st June 2021, About 3 years ago

Reply to the comment left by Ian Simpson at 21/06/2021 - 14:57
The first proposal which is coming into focus is via the Leasehold Reform (Ground Rents) Bill, which had its second reading in the House of Lords recently. That will change ground rent on all new leases ... and lease extensions ... to 'a peppercorn' i.e. £zero.

Subscribe to my newsletters and you'll get updates as the other proposals progress.

Ian Simpson

15:17 PM, 21st June 2021, About 3 years ago

Aha RTM = Right to MAnage
I tried this in our block of ten , back in about 2007. 'Twas like herding cats. ALso Three of the ten flats were owned by one person (I own two) and apparantlky that exemnpts him from forming the 50%...? Seems crazy and unfair but that is apparantly the law...??

BernieW

15:33 PM, 21st June 2021, About 3 years ago

Reply to the comment left by Ian Simpson at 21/06/2021 - 15:17
Yep ... sometimes the law is illogical and unhelpful :-/

TERRI DAVIS

11:51 AM, 25th June 2021, About 3 years ago

Reply to the comment left by BernieWales at 21/06/2021 - 14:56
The problem there is that I am the ONLY leaseholder. The Freeholder owning the only other flat in the building!

BernieW

13:33 PM, 25th June 2021, About 3 years ago

Reply to the comment left by TERRI DAVIS at 25/06/2021 - 11:51
Then go for Tribunal appointed Manager.

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