Problems with Freeholders and service charge

[Paloma]

I am a leaseholder and more than happy to pay the service charge, however I have been chasing the freeholders on and off for 2-3 years and so has my letting agent. I now want to sell the property but need to get the service charge sorted. We have phoned and sent emails but they never ever get back to us. What are my rights and what can I do?

[Gordon999]

As a leaseholder , you have the right to make written request for a summary of the building's insurance cover and get this within 30 days, and failure to receive this is a "criminal offence". The written request has to be posted by recorded delivery as proof of written request date , if later the offence is reported and goes before the local Magistrates Court.

So write your letter to request a summary of building insured cover and include a request for statement of service charges owing if any.

[leaseholder001]

Make sure you ask for "a summary of service charges in accordance with section 21 of the Landlord and Tenant Act 1985"

Also point out that to fail to provide this is a criminal offence with a maximum fine of £2500 from the Magistrates Court.

Of course this doesn't guarantee you'll get your service charges sorted out and it only applies to one years worth of accounts. However it should include an amount owing figure which unfortunately may not be current amount owing.

Remember that the landlord cannot charge you for service charges incurred more than 18 months prior to the request for payment, unless you have been informed of the charges within the 18 months. Tell him this too as this might help things along.

[Paloma]

Thanks, will get that letter ready

[Demon Lee]

Paloma...

Have you considered the fact the FREEHOLDER may only collect Ground Rent and Service Charge and that you have a MANAGEMENT COMPANY and MANAGING AGENT that collects service charges?