We are Leaseholders of a purpose built block of 36 studio flats in West London.
Over the last 10 years or so the managing agents (owned by the two Freehold
ers!!) have delayed or even not bothered sending out Service Charge Account
s (as required by the Lease) or even demands for Ground Rent. On two occasi
ons we know that this was because they didn't want us to find out how much
the Sky TV system cost (a luxury not provided for in the Lease); and also t
he cost of installing and maintaining the CCTV system (which doesn't work).
The upshot is that about 24 flats are in arrears to a total of about
Effectively the company is bankrupt, and we think that it must have an
enormous overdraft with its bank to carry on trading. It is our
impression that the bank is putting pressure on the company to lessen its
Whilst are we in the process of applying for 'Right to Manage,' the
company has suddenly issued us all with demands for the arrears to be
paid within days.
And many Leaseholders are elderly or they are young single mothers etc.,
and none of us have that kind of money available at the drop of a hat.
However the company is refusing to negotiate payments.
Some of the demands are for monies already paid to the company - such is
the chaos of its accounting. It refuses to acknowledge payments when they
are made. I and others have made payments last year and earlier this year
but the company has refused to confirm receipt.
Personally I want to pay by Internet Banking, and on the advice of
consumer financial advice organisations I have made a test payment for £1
to see if I have the right banking details. However the company has
failed to confirm receipt - so I really don't know what to do. I really
want to set up a standing order for an agreed monthly payment plan. But
the company refuses to correspond.
Other Leaseholders are paying or have paid by post-dated cheques - and
yet these have all been returned as unacceptable.
So the company is making it next to impossible to pay the arrears, and
yet is demanding total payment in respective lump sums which we cannot
So what is its likely course of action? Can the company cause the
Leaseholder(s) to forfeit their properties? Or can they take them to
County Court to obtain a Judgement against us?
Some of the more elderly Leaseholders are very worried about being
evicted from their properties; and one elderly gentleman is getting
Many thanks -
- posted 5 years ago