maintance Q regardin mngmt co/agent

T

tina4

Registered User
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Hey all, Heres another Q 4 ye. I av issues regarding a broken garden wall, a bike shed with 11 abandoned rusty bikes and its filthy it has never been cleaned, and a wll that needs painting. I sent 2 letters 2 co/agent last year bout these. The fees are now due so i wrote more letters first one on the 23 may. I still avent received a reply and i stated in them that i am more han happy to pay them when the issues are delt with. Then i get a letter saying that if i dnt pay up by monday they putting it in the hands of a soilicitor and i will av to pay costs.
Id be greatfull for any advice on
1. Can i withold fees if they not doing there job
2. Can they threatn me with sol even tho these issuse r there for over a year and they av done nothing.
Thanks Tina
 
Sorry, not great at typing it takes me forever, here goes.
I wrote to managment co last year regarding some ongoing issues. They never made any atempt to resolve them. My front garden wall was knocked down by kids and it has never been fixed. There is a bike shed out side my door that has 11 rusty abandoned bikes and has never ever been cleaned. And there is a wall that badly needs painting. When i got a letter about fees due i sent them another letter pointing out the issues they didnt even acknoledge it so i wrote another one 2 wks ago stating that i am more than hapy to forward fees when the work is carried out. They proced to send me a letter saying if i didnt pay the would get a solicitor involved and i would ber the costs.
I would greatly appreciate any advice on
1. Can i withold my fees untill they carry out the work.
2. Can they realy get a solicitor involved even though they are not doing there job properly.
Thank Tina
 
tina4 said:
My front garden wall was knocked down by kids and it has never been fixed. There is a bike shed out side my door that has 11 rusty abandoned bikes and has never ever been cleaned. And there is a wall that badly needs painting.
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Are you sure that it is the responsibility of the management company to deal with all of these issues?
When i got a letter about fees due i sent them another letter pointing out the issues they didnt even acknoledge it so i wrote another one 2 wks ago stating that i am more than hapy to forward fees when the work is carried out. They proced to send me a letter saying if i didnt pay the would get a solicitor involved and i would ber the costs.
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Who did you communicate with - the management company directly or the management agent employed by them?
I would greatly appreciate any advice on
1. Can i withold my fees untill they carry out the work.
Click to expand...
I doubt it - check the terms & conditions of your management company lease (or ask your solicitor) for clarificaiton.
2. Can they realy get a solicitor involved even though they are not doing there job properly.
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I reckon so. Assuming that the management company is under the control of the householders why don't you exercise your right to speak/vote at the AGM and get actively involved in addressing any shortcomings that you believe there are with the current setup? Witholding payment of your management fees to (in all likelyhood) your own management company is just cutting off your nose to spite your face and probably ensuring that they will not be able to carry out their work due to lack of funds.
 
Yes the 3 issues are in there remit. I sent the letter to one of the directors ( my neighbour) She forwarded it to agent. And i only know that because i had to ask a member of the residents commiitty to find out. And now the directors dont talk to me, how petty is that. Im only asking them to carry out jobs that should have been done a year ago. Its not like im refusing to pay i am more than willing when they carry out the jobs. I wouldnt mind if it was a once of but its issues that are there for over a year. Its gas you can refuse to pay a service charge ina returant if your not happy but your expected to had out thousands to people that are not doing a good job. And regardig the AGM im full sure that i wont be the only one that will have something to say. Thanks for the reply iv got advice of a few different people and looks like they will be getting there money and il just av to put up the the issues!!!!
Thanks Tina
 
This comment made in another thread today may be of interest.

Can you clarify a couple of things:
  • Are other 'core' services being carried out-i.e. refuse collection, cleaning, gardening etc.?
  • Have you talked to your neighbours-are they as excerised by the issues you have outlined as you are?
  • Have you any idea who owns the 'abandoned' bikes-even though they are rusty, they may belong to lazy residents?
  • Who has control of the management company-is it still the developer or is it now 100% controlled by the owners?
If the 'core' services are still being provided I don't think you have grounds to withhold payment, but that's just an opinion.

It is poor form that no-one has communicated with you on these issues, but withholding payments at this stage may not be the best idea.

I would advise you to try and garner support from other residents and see what can be done-who is at fault? Is it the directors for not putting pressure on the managing agent, or are the agents just not doing their job? Or could it simply be the case that the budget does not allow for the issues you want to see addressed to be dealt with at this stage?

Best of luck.
 
In addition to the core services described above, your service charge also pays the block insurance on your building. That's more important than a few rusty bikes. Pay the charge and pursue the other matters separately.

Make sure to see the annual report of the management company and attend the next AGM to ascertain the financial health of the management company and voice your concerns regarding the level of service you're getting for your money. If you're an owner then you have a voice and a vote. Use both.
 
Thanks for all your replys, my 3 issues just affect me there are some "core" issues that alot are not happy with and i have just heard that alot are witholding fees. I however have decided to pay the first instalment and we will all just have to make a stand at the AGM.
 
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