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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I brought two flats from a block of 14 on planning some

Resolved Question:

Hi I brought two flats from a block of 14 on planning some years ago around seven years The flats were never completed fully as the company went under at the start of the recession ,security gates intercoms surrounding grounds and good quality of upkeep and cleanliness has never been maintained up to the present day around four years ago a consortium of people brought the remaining Flats from the bank including ground rent and service charges the flats have still never been completed and they have been trying to get me to pay for the ground rent and services from before they owned it , in the last few years I have re decorated the stair and halls twice redecorated a flat due to water damage from one of there flats all myself as well as receiving ABH from another tenant with in the building of which they have never attempted to have removed .we also at a time had a verbal agreement for me to evict my 2 tenants as they wanted to manage them so they could make back ground rent and service charges of which they would deduct from the rent before payment would come to me , after about a month or so they gave me the keys back to my flats with no tenants pulling out from our arrangement leaving me to try and find new tenants which has taken some time to re let . They got a management company to take over around 18 months or more ago of which I have never heard from or have ever had any information about , I have now heard that they are going to start to use solicitors to chase up and get all costs out standing from completion of build ( be for they brought it at auction ) to present day . I am very worried on how I stand as I have asked when I was in contact with them for a full break down on what they thought I owed so we could have discussion on the outstanding charges but have never received any sort or written information from them . I haven t had any form of contact in over 12 months now and don't know where I stand as I have no savings and struggling to keep hold of them and not go bankrupt . Can you help . Many many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know if they have served demands for service charge/ground rent and if so when was that please?

Customer: Hi I ve not received any correspondence whatsoever so I don't know this so I m totally unaware of any proceedings or if any. have started however looking online I have found information stating upon initial contacts only arrears of 12 months will have to be paid and any management company can only take over the property of which the balance is zero ,they cannot take over a property with debt however I am unsure if all this information is correct
Alex Watts :

That is correct.

Alex Watts :

They also have 12 months to serve a notice for demand of service charge and rent

Alex Watts :

If they have not served it within 12 months the previous years they claim are void

Alex Watts :

In any event they can not collect or charge for payments before they took over

Alex Watts :

Its not their debt, it is the old Company

Alex Watts :

So you don't owe historic debts and you only owe any demand served within 12 months

Alex Watts :

Can I clarify anything for you about this today please?

Customer: In the last 12 months if they have started any sort of proceedings , if it states on those proceedings that they wants all arrears from previous years would I have to pay all of the rears from previous years or just arrears from the last 12 months also if it was to go to court would I have to counter charge them for loss of rental income expenses for work on property also what about the case of actual bodily harm from a tenant The tenant was not from one of my flats or one of those at the time it was from a different landlords flat. At present security gates security door gas boxes letterboxes some window catches gardens around flats are still in disarray not working or broken or have never been completed
Alex Watts :

No, they can't claim from before they were involved.

Alex Watts :

In any event they can only claim from when they took over and even then only if you were served a demand

Alex Watts :

Does that help?

Customer: Does Demand have to be served as a letter to you was wondering if it would cause problems if they state that they could not get in touch however on my flats I do have letting agents and tenants now so if they were to try and get in contact they could do it through the tenant or letting agent they have all my correspondence
Alex Watts :

No. It has to be a formal demand.

Alex Watts :

If they knew you were letting out and had agents they could have got in contact with them

Customer: Just to clarify if they were to serve a demand within the last 12 months for all arrears from when they took over does that stand that I have to pay all arrears over and above the last 12 months starting at the date from when they took over
Alex Watts :

No. They can only charge for 12 months at a time.

Alex Watts :

Therefore if the demand is served now, it can only be for the current year, not historic arrears

Alex Watts :

Is that ok?

Customer: I think that help a lot many thanks
Alex Watts :

Great. If I could invite you to rate my answer before you go, it should be at the bottom of the page. Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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