Category Archives: Questions and Answers

Our resident’s association has appointed a surveyor. Can the managing agent restrict what they can view and stop a member of the association accompanying them to view document?

Reader’s E-mail: We have discovered some major problems with our managing agents charges and have appointed a surveyor. The managing agents say they will let only the surveyor inspect the documents relating to a major work and that the residents association officers’ visit will ” not be entertained”. They also say we have no rights… Read More »

Can my Landlord charge me legal costs in addition to an amount awarded by a County Court?

Reader’s E-mail: We disputed a cost for legal charges put on our statement for £360. Although the rest of the service charge was up to date, the management company issued court proceedings which we defended, but the court determined the cost for legal charges was payable. We have now paid what the judge ordered. However,… Read More »

Do I have to pay an Administration Charge for late payment of Ground Rent?

Reader’s E-mail: I am the owner of a flat, which I rent out to tenants. The tenants have recently moved out, breaching their tenancy agreement. On visiting the flat, I discovered a letter addressed to me from the premises Management Company, informing me that ground rent is overdue. As well as charging for this, they have added a £45.00… Read More »

Can a Director of the Management Company charge a fee through the Service charge for preparing accounts ?

Reader’s E-mail: My housing development has recently purchased the freehold of the estate. We have formed a management co who will actually own the freehold and the 18 home owners will have an equal share in the company. We have appointed three directors. All the directors are home owners . The management company is a not for profit company and… Read More »

The building insurance component of my service charge has increased by 60% and my Housing Association landlord will not let me see the policy. Is this legal?

Reader’s E-mail: XXXXXX have suddenly increased our Building Insurance (Ground Floor 2 Bedroom Flat, 3 Storey Building) by 61% for 2016 – I am reading from almost all other sources that Premiums have decreased by 31% 2010 to 2015. XXXXX have also refused to let me View or send me a detailed copy of their… Read More »

Can you explain the source of the definition of ‘repair’ and ‘beyond economic repair’ which you use in your website?

Reader’s E-mail: I am a leaseholder and have applied to the First Tier Tribunal to dispute a service charge resulting from Major Works by my landlord. I have found your website incredibly helpful so thank you. In one of your published responses to a Reader’s question (titled “I think the Council’s planned major works are unnecessary”), you state that… Read More »

Can you suggest some relevant Case Law in respect of my dispute over the Service Charge for the replacement of a roof?

Reader’s E-mail: Many thanks for your amazingly helpful, detailed and speedy response. My service charge dispute relates to the landlord’s proposed replacement of a flat roof. Based on an independent survey which I have commissioned, I believe the roof is still in reasonable condition, has a life expectancy of around 20 years and can be… Read More »

Is it reasonable for my local authority to charge me for major works on the basis of rates agreed under a long term agreement when the work is subcontracted to a company which is charging a lot less?

Reader’s E-mail: We are leaseholders of a 2 bed flat in a local authority owned and managed block. There are 9 units in the block, approximately half of which are leasehold. Our roof tiles have recently been replaced. The block was constructed in the mid 70’s and the original concrete tiles were beginning to fail.… Read More »

My landlord has referred to the case of Forcelux v Sweetman [2001] 2 EGLR 173 can you explain what the relevance of this case is to my major works service charge dispute?

Reader’s E-mail: Hi, I am a leaseholder that is disputing a Major Works service charge liability. Our dispute will be heard by the First Tier Tribunal in early November and I will be representing myself as an Applicant in person. A significant part of the Major Works cost relates to the replacement of the roof… Read More »