Hi there need some advice from you lovely people who knows a bit about the law and regulations. I live in a flat where as you all know has a maintanance charge ( sorry for spelling writing this quickly in my break), for the generally upkeep of the place as well as cleaning. I have just received mine. Now I don't usually have a problem With paying it, but this time I really don't think what they do is worth it. For example I have seen the cleaner twice since September. And when they are here they do a shite job. Cobb webs inside and out of the general area is not wiped, the bin area is a mess and frankly a health hazard. Carpets are not vacuum. They deeper clean the ground floor carpet and not the other 2 floors and want to charge £900 for it. I think the not. The carpets on the stairs wells are damaged and could cause a trip hazard. These are some of the things I have notice. So what are my rights and can I get away with not paying until these issues are resolved?! Thanks for the help
Pay it, then work out what to do from there. You're probably in breach of your leasehold ts & cs if you don't, which is not a position you want to be in! Edit: this seems relevant: http://www.theguardian.com/money/2011/feb/19/sack-your-property-manager
If you don't pay then you can likely be evicted if you're rental, or you'll be in breach of your mortgage terms if you have one. If you own it outright they can still kick you out, or at least start the legal proceedings to do it. Basically, you have to pay. If you've been getting crap service for months then you need to use the letters you've sent them to start more official proceedings telling them they are not doing their job correctly. If you haven't complained in writing before then as far as they are concerned you've been happy. I'm not legally trained but I did sit on our a local committee for a year or so so have seen this from the other side. If the management / committee or whoever gets a health and safety complaint they should take it seriously. Estate / property management companies are a bit of a nightmare really. But if you keep writing & phoning when their are issues then things 'should' get sorted in time. If not then you can fight them... but it's not pleasant. So write it all down, supply photos. Email them a PDF of the letter and send it via the post. See what they say and then take it from there.
As above, you need to complain to your managing agents. Unfortunately, there is slim to no chance of you recovering any money back for improper cleaning. (Works not done to a satisfactory standard is different). When issues arise you need to complain immediately, preferably with evidence, and not just when the bill arrives - as by this point it's too late. Don't not pay your service charge, as this is a breach of covenant, and not only will you be referred to a debt collection agency, and have arrears charges applied to your account - after 2 months the managing agents will simply go over your head and apply directly to your mortgage provider or sponsor who are obligated to pay on demand, as failure to do so constitutes forfeiture of your lease. It's a difficult situation, because often the managing agents want and are able to help, but are left wrangling with the directors of a development. I know from personal experience (I've done property services analysis as part of my job) that good managing agents will typically present a sensible and accurate budget figure for service charge/reserve fund for the year, only to have the directors of the RMC/RTM Co refuse to agree it (which is required), and say they want it to be less - which is just not sufficient for the general upkeep of the building and it's common parts. The managing agents are powerless to overrule or disagree, both legally, and as they want to retain the management contract (and thus their fee) for that development and are forced into complying. The building then goes into disrepair, and the lessees mount complaints to the managing agents... after years of management deadlock an AGM comes around, and eventually the decision is made to sack the management company, when really it's been the directors halting progress - and the cycle begins again with a new managing agent. Again, my experience is that something like 10% or less leaseholders actually attend their developments AGM. Any resident (not a sub-tenant though) can be put forward as a director with a few nominations at these meetings, so I would suggest rallying a few neighbours and getting yourself voted on the board - you will then actually have some ability to make changes in your block!
Does that fee also include the rent on the land the flats are built on? Its easy enough for the owner to claim its £850 rent and £50 upkeep fees. Pay first to be safe and try to fight it after.
No there is the so called land rent.. That's only about £50 every 6 months. When I get home will update ...
