fivetide

iTrader: (1)

Anyone know the answer to this?

Essentially, i am at constant war with the agency appointed to look after the maintainance contracts (grass cutting, stair cleaning etc) for our apartment block.

Two years ago, the first wet winter paint started peeling from the wall in the stairwell. I reported it and they claimed it was just marks from people moving in (rubbish there were actual mouldy things growing from the wall)

Then, this winter, being so wet, it came back with a vengence. this time they admitted the problem (but didn't apologise for not fixing it sooner) and THREE MONTHS! later sent round some bloke from their building contractors who i can only assume they are sleeping with. THey looked at the issue and said they'd get it fixed.

THREE MONTHS MORE and nothing has happened. My fear is that this is problem in winter with the damp and cold so any work, fitting of new plaster should be done in summer so it can dry properly (+paint). Since it hasn't been done am i going to get a bodge job in winter or have to wait another six months for sun?

Also, me and the mrs might want to move soon. Now, the flat is fine but the wall on the stairwell looks a mess and you wouldn't buy a place with damp issues would you? My main question is, can i sue them for negligence as they have devalued my home? At the very least can i withold the management fee because they aren't doing their job?

I can't sack them, we need a residents association to do that and only 88 of the 226 homes are flats so the majority don't care, it is a golden ticket for them. I know management agencies/factor agents are not governed by any government body but do i have any legal recourse at all?????

cheers,

5t.

JohnS

iTrader: (1)

Read your title deeds carefully - there may be a way out ?

I assume you are paying them a monthly fee to cover all the factoring, in which case write them a letter stating that you are unhappy with the level of service they are providing and are contractually obliged to provide, and you are with holding payment until such time that the works done are brought up to an acceptable standard. It's important to state that you are not refusing to pay, as they could then take you to court and possibly credit blacklist you, but that you are with-holding payment until they adhere to their side of the bargain. Let them know as soon as the work is done, you will start making payments again, including and back payments due to them.

You could quite possibly get a few of your neighbours to do the same without the need to set-up a residents association - after all you each have an individual contract with them - it's not collective. At the point when they start losing some of their revenue stream, any repairs should be quite quick in coming.

John

David Lock

I would imagine that sueing anyone in these circumstances would be a last resort and a time consuming waste of time and money.

I can't quite work out the parties involved? I am guessing that you pay a management fee to the lease holders who in turn employ a company for regular grounds mainentance and repair work? If so your gripe should be with the lease holders and not directly with the contractors. Much will depend on the contract details and the sub-clauses about response times and scope of work etc. But if you are in a situation where there is a reluctance to spend money on proper maintenance you are always going to be struggling. And without the muscle of a Resident's Association it will be David & Goliath. Sorry not much help but IMO the best course of action would be discussion with the Management Company and the threat that you plan to take this further. Is there any chance that some of the other 88 properties might join forces somehow?

Rather than take these amateur comments for too much why not have a chat with CAB who should give sensible advice on this sort of thing. dl


Edit to add. Don't forget if/when you sell you will need to declare any disputes so if you make this too official and highlight the problem this would be a negative factor for a prospective purchaser.

DCI Gene Hunt

I was looking at a house the other week on a fancy pants estate, they insisted that if I bought I would have to pay £195 year into an estate maintenance agreement such as this.

Its a contract and as such you should have access to it, and any covenants regarding it on your title deeds. CAB would be the first step though, and lots of formal letters will need to be sent!

fivetide

iTrader: (1)

Well, interesting thoughts chaps thanks.

The way it works is they were appointed by the builder to manage the estate and make sure everyone pays their share.

We pay about £10 a month (billed at £30 a quarter). They deal with the joint buildings insurance, as it is an apartment block we have to have one policy to cover everyone otherwise it just wouldn't work if the worst happened.

As far as we have been advised as they were appointed by the builder we don't have individual contracts with them, we have a joint agreement so we need to form a residents association to kick them out. Trouble is idleness means this isn't going to happen.

I have asked them to justify their charges before and not paid for works i felt were over the top (example we were charged £150 for the three hours it apparently took to remove two car tyres from a cupboard and i still haven't paid my share of that) but never actually witheld their fee.

My issue at the moment is that their lack of work (which they are paid to look after) means my flat is probably worth a good £10,000 less than what it should be. I just want to give them a rocket up the **** and makes them get on with it - especially for £120 a year (actually there are 88 flats so thats 120 x 88 = £10,560 and it really is money for nothing at the moment)

5t.

DCI Gene Hunt

Why not consider telling them that you're considering forming a residents association? that way they may do the work to shut you up, if not... then actually form one

fivetide

iTrader: (1)

We tried. Trouble is, no one in the houses wants to know, indifference rules. Unfortunately most people in this country are so idle event the prospect of saving £120 a year doesn't motivate them and without a majority there is nothing i can see to do!

I know it has been up for discussion with the government in recent months but they've stopped short of making these agencies register with any sort of watchdog or authority so if you want a l;icense to rip people off get yourself into the factor agent game i reckon. Also set a up a plumbing company, joiners and award yourself all the contracts!

5t.