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  #1  
Old 07-09-2007, 09:52 AM
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Default Are you familiar with Leasehold Law and the relevant Acts???

I am looking for a member that has sound knowledge with reagards to leasehold properties and the associated Acts of Parliament i.e The Commonhold and Leasehold Reform Act, Law of Property Act.

I am in dispute with my management company over various interest and admin charges, these of which are not stipulated in the lease as costs that can be charged to the lessee, but it transpires that the company have breached sections of the Commonhold and Leasehold Reform Act.

I will go further into detail if there is anybody that can advise me.

Thanks

Yaff.
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Old 07-09-2007, 10:01 AM
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The leashold company isn't MITIE by any chance? The other company I have crossed paths with is GEM.
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Old 07-09-2007, 10:03 AM
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Quote:
Originally Posted by Dragonlady View Post
The leashold company isn't MITIE by any chance? The other company I have crossed paths with is GEM.
No, The Managment Company set up for the block are Second Jacobsen's Management Co. The managing agents who i am in dispute with are Artel Managment Co Ltd.
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Old 07-09-2007, 10:15 AM
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I have to head for the hospital with One Bung Lung and will be out most of the day, but I will dig for you and I will find some info for you if I can. Have you bought the property or is it lease only?
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Old 07-09-2007, 10:29 AM
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Quote:
Originally Posted by Dragonlady View Post
I have to head for the hospital with One Bung Lung and will be out most of the day, but I will dig for you and I will find some info for you if I can. Have you bought the property or is it lease only?
Any help would be great....I purchased the property in March 2006 when it came to complaining to the managment company about the lack of maintaing they were carrying out they informed they had not issued a shareholders certificate in my name, therefore, my lease was worthless and i could not threaten them with being in breach...so this is stupid but if that was the case i told them to go and pursue the shareholder for the service charges. I had paid some but not all, they finally issued the certificate in November 2006 and have been applying interest and admin charges (for responding to my letters) for the sums i did not pay between April and November. It was not a case of not deliberately paying it, it was more of if i was not a shareholder and did not have any rights as a lessee then why should i pay thier charges?

I have looked at the lease and cannot see any terms for interest and admin charges, but then the lease is rather ambigous!

I have since found out that there are various requirements in the Commonhold and Leasehold Reform Act that they have failed to carry out as managing agents.

There is a small concern..... they have verbally threatened me with Forfeiture of the Lease but from reading the Act i am aware that they cannot forfeit if the sum unpaid is small (500) or if any other sum has been outstanding for less than three years. (the figure for unpaid service charges is 480.00 and i have read that other charges other than ground rent and service do not make this 'small sum' figure up) Plus they have to give notice.
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Old 07-09-2007, 10:33 AM
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Oh they also told me they were going to contact my Mortgage lender and get the money from them....regardless of the fact it is in dispute
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Old 07-09-2007, 10:48 AM
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The Shareholder can go to the Mortgage lender if you paying the shareholder directly and withholding the management fees but not the shareholder fees.

So are paying the sharholder as well as the management company or ae you paying mortgage, shareholder and management, or just
money to mortgage lender and shareholder who then pays the management company?

Is this property share purchase?
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Old 07-09-2007, 11:01 AM
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This is going to get confusing.....I purchased a flat and have a mortgage on it, it was a straight purchase no one else is involved.

The flats are all leasehold, the owners own a 1.00 share each in the management company (we are the sharholders) this was specifically set up to manage the funds etc.(this company is just a name on paper) The maintenace of the property and the accounts of the 'management company' are looked after by a managing agent - Artel.

We also have a Freeholder who we pay a yearly ground rent to and who we would go to if we wanted to extend our leases.

What Artel are saying is they as managing agents will go to the mortgage lender for the outstanding money.
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