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Old 14 December 2005, 07:42 PM
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Scooby Roo
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Angry Managing Agent help needed

I's a long story but the jist is that we [wife and I] own a flat and have a share in the freehold.

All the flats agreed that we would commission our Managing Agent to carry out a survey of essential maintenance [over and above what is included within our annual maintenance scope]. They came back with a survay and estimate for a 5 year plan if circa £80k . Ok, this was in October and was after all a 5 YEAR plan.

We've just received a letter from said Managing Agent asking for our share of the £80k, stating that we have had knowledge of this sum and work since October and it shouldn't be a shock [our proportion is £6k, so other flats pay more...up to £18k]. They have stated that they require at least 50% before Xmas and the remaining by March or they will instigate legal proceeding. .

Can they do this, inthe letter they state the Landlord and Tennants Act. I have limited knowledge of this especialy when it comes down to managing agents.

Anyone a Guru out there.

Need help or the scooby goes pleeeeeeeeeezzzzzzz

Roo

Last edited by Scooby Roo; 14 December 2005 at 07:44 PM. Reason: Can't spell !!!!!!
Old 15 December 2005, 09:34 AM
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Ok - few questions to start...

How many flats in the block?

who is the managing agent?

How old is the building? Is there not a 'sinking fund' in place for ongoing maintenance? If so how much is there?

How much service charge/maintenance charge do you currently pay?

How long have you lived in the building?

That should do to start, basically this is a problem with leasehold flats, you always pay an ongoing service or maintenance charge but this situation can happen....unfortunately when it does things can get messy. It is unusual though and 80k is a massive figure, if you have any idea of what needs doing or have a scheduel of works that may help me.

Answers to the above questions would help, then I can give you a more accurate way of how to move things forward.


chop
Old 15 December 2005, 09:51 AM
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If you own a share in the freehold all you need to do is talk to the other flat owners and get their agreement to get rid of the managing agent. No doubt they'll be creaming off a percentage for themselves anyway.
Old 15 December 2005, 10:22 AM
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Brendan Hughes
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I don't get it. You only asked them for an estimate, yet now they're saying they've started work and you have to pay for it? Surely you have to have given agreement for the work to commence?

Exactly what was in the wording of the agreement?
Old 15 December 2005, 12:03 PM
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chris singleton
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If all the other Lessees are in agreement and cough up you're pretty stuffed and face losing your share in the freehold which could decrease the value of the property.

If what you say is correct I expect that everybody else is up in arms also and if that's the case you can collectively tell the managing agent to go whistle - although you'd obviously have to cough up for their fees to date.
Old 15 December 2005, 12:04 PM
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Forgot to add, if it's a 5 year plan, presumably only certain works are being carried out each year so I don't understand why they want the entire 80K up front

Seems very odd.
Old 15 December 2005, 12:13 PM
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A survey will say what needs doing, not what it costs!!

The survey of required work should be taken to a number of builders for quotes - I'll bet you that the 80K quote is from one of their mates and that the workmen probably have to travel 50 miles each way!

Sounds like they are about to bend you over.... Check the terms of their management contract - you may need to server them notice. When we lived in a flat a similar thing happened, we needed to serve the theiving arseholes 12 months notice!!
Old 15 December 2005, 12:42 PM
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Originally Posted by chopper.
Ok - few questions to start...

How many flats in the block? 8

who is the managing agent? Can you do without this as I'd rather not name and shame just yet.

How old is the building? Is there not a 'sinking fund' in place for ongoing maintenance? If so how much is there? There is no pot of money left over [as I say it's quite a long story but we recently got rid of our last managing agent as they were useless, about 12 months ago]. The building is circa 1890.

How much service charge/maintenance charge do you currently pay? We only actually pay 7% of the annual maintenance as the flat used to be the caretakers quarters when it was a single property, though it is very large.

How long have you lived in the building? 6 years

That should do to start, basically this is a problem with leasehold flats, you always pay an ongoing service or maintenance charge but this situation can happen....unfortunately when it does things can get messy. It is unusual though and 80k is a massive figure, if you have any idea of what needs doing or have a scheduel of works that may help me.

Answers to the above questions would help, then I can give you a more accurate way of how to move things forward.


chop
See above

Cheers chop. Roo
Old 15 December 2005, 12:46 PM
  #9  
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Originally Posted by chris singleton
Forgot to add, if it's a 5 year plan, presumably only certain works are being carried out each year so I don't understand why they want the entire 80K up front

Seems very odd.
Seems odd too me.

Answering your other post, we got rid of the last lot these are the new guys

Roo
Old 15 December 2005, 01:23 PM
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Time to tell them what everyone else wants and let them know they'll be getting their marching orders if they don't start playing ball. You'd expect this if you were all leasehold but basically these dicks are your employees. Have you ever thought of running it yourselves?
Old 16 December 2005, 07:46 PM
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Chop Chop
Old 16 December 2005, 08:07 PM
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It's not a company based in Middlesex is it?

Under the L&T Act they will write to ask you to recommend any companies you'd like them to contact regarding a quote. In the past i've done this directly to stop the MA from ripping me off. I have heard of, although could never condone, people back dating their letter recommending other companies once the MA have sent the quotes out...
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