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Jan, 2015

Monday

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  1. Error made by EA on AST and not picked up by us...

    Error made by EA on AST and not picked up by us which we will now correct. Money paid into single account. She will pay 100% tax. First time filing. Thanks
  2. Single title but rental income being divided

    My wife owns a property with a mortgage in her name, but the rental is paid 50/50 to myself and her. We are bith named as landlords on the AST. On the tax return does she claim the entire rental or...
  3. Be aware that they can make you pay full market...

    Be aware that they can make you pay full market value for your 90 year statuatory lease extension which is only what you are entitled to. They do not have to grant you a 999 year extension for no...
  4. Thanks for your reply. The leases now add up to...

    Thanks for your reply. The leases now add up to 104%

    With regard to the over billing we have gone back 12 years which was the advice of lease advice. The under billing is our concern. The...
  5. The accounts are certified so we would not touch...

    The accounts are certified so we would not touch the ones that have been signed off. However we haven't submitted the 2013- 2014 so want to know if we can adjust those and should we go to the FTT...
  6. Yes we have discovered the error since ordering...

    Yes we have discovered the error since ordering all the leases. The % do not add up to100% so some flats will need to get a Deed done. But my question is how far retrospectively can we go back 18...
  7. Replies
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    164

    My advice is to go through the proper channels...

    My advice is to go through the proper channels -get the freeholders permission first, planning if necessary and get building regs. Do not breach your lease as it will come back to bite you,...
  8. Underbilling and overbilling of service charges

    We have discovered that the MA have not been charging the correct % for service charges for some of the flats in our block. Some flats have been undercharged and two overcharged. The amounts are...
  9. The charges can be recovered through the service...

    The charges can be recovered through the service charges so thanks to that leaseholder, everyone else in the block ends up paying for this leaseholder and not the freeholder.
  10. Replies
    9
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    257

    It does not matter what is in the other leases....

    It does not matter what is in the other leases. If you take them to the FTT, they will only look at your lease. They need to provide certified service charge accounts to you as it is in your lease.
  11. Replies
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    1,147

    But couldn't a resident that didn't contribute...

    But couldn't a resident that didn't contribute argue that this is depriving them of the use of the garden?
  12. Replies
    25
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    1,147

    What about gravelling the garden?

    What about gravelling the garden?
  13. Replies
    25
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    1,147

    The leaseholder is correct -you can only enforce...

    The leaseholder is correct -you can only enforce what is written in the lease. If he takes you to the FTT, that is what they will make their decision on.
  14. Replies
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    784

    The buyers may want retrospective consent from...

    The buyers may want retrospective consent from the freeholder. We have had a similar case where a mezzanine level had been created in a flat that came up for sale. It had been done many years ago....
  15. Was an inventory done prior to your letting?

    Was an inventory done prior to your letting?
  16. Thread: Reserves

    by bbva
    Replies
    22
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    1,895

    Beware - we did exactly this and all agreed at an...

    Beware - we did exactly this and all agreed at an AGM to credit the surplus from the service charge to the reserves. We have a reserve fund in our lease. One of the leaseholders 3 years later has...
  17. Thread: Reserves

    by bbva
    Replies
    22
    Views
    1,895

    The lease requires the recrediting of the surplus...

    The lease requires the recrediting of the surplus and it would be illegal for them not to do it. It does not appear that there is provision for a reserve. Be glad you have a MA that actually has...
  18. Thread: Reserves

    by bbva
    Replies
    22
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    1,895

    tonyjohn789, The agent is correct in that they...

    tonyjohn789,

    The agent is correct in that they have to credit the excess service charge to your account. You may not be paying service charges for a while if it is a large amount.
  19. Thread: Reserves

    by bbva
    Replies
    22
    Views
    1,895

    More important - Does your lease have provision...

    More important - Does your lease have provision for a reserve fund? If not, you will have to refund the money.
  20. Thread: Reserves

    by bbva
    Replies
    22
    Views
    1,895

    It only matters what is written in the lease. No...

    It only matters what is written in the lease. No vote can override the lease. Can you write the exact wording down here. We are currently been taken to the FTT for a similar situation where we all...
  21. Why not take a photo of the meter reading each...

    Why not take a photo of the meter reading each month and send it to the tenant or landlord.
  22. ram, You have no idea what the previous person...

    ram,

    You have no idea what the previous person did. We had the same problem in our building. Loft converted in the 1990's. Noticed in 2011 that the outer walls were bowing. It transpired that...
  23. Replies
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    344

    CFROP, Do you contribute equally to the...

    CFROP,

    Do you contribute equally to the reserve or do some flats pay more and some less depending on their service charge %.
  24. Replies
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    211

    Date problems with the lease

    Our lease states that our SC are due in advance on the 10 October 2014 and we have 14 days to pay up. Our year end is also the 10Oct 2014. So which year accounts should the SC be applied to 2013 or...
  25. Replies
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    462

    Is it a freehold house or a leasehold flat?

    Is it a freehold house or a leasehold flat?
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