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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My daughter lives in an apartment in southport, edge management

Resolved Question:

My daughter lives in an apartment in southport, edge management are the management service but over the last couple of years its been managed very badly , they do not visit the place to inspect it each month as advertised , they do not attend to wok that needs doing and two years ago there was money in the pot to re-carpet the whole two buildings they put us off many phone calls were made about this and at the AGM they wouldn't give us a breakdown on whay was spent , the carpet still hasn't been ordered and now one of the directors said there is only enough money to carpet one of the buildings , I have just tried to ring them and the phone number is ***** Mercedes we do think foul play is afoot please can you tell us if edge management unit 1 stiltz building ledson road wythenshawe have gone bust and what do we do now they do not reply to any of our emails regards ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify that your daughter owns the flat as opposed to rents it please? I suspect this is the case from what you say but I ask just to be sure.If she does do you know if the residents have a right to manage or own a share of the freehold?
Customer: replied 2 years ago.

Yes she does own the flat, I really don't know to be honest .

Customer: replied 2 years ago.

Yes she does own the flat, I really don't know to be honest about the freehold to be quite honest . .

Expert:  Joshua replied 2 years ago.
Thank you. I will assume for the puposes of what follows that she does not own a share in the freehold but if she does I will add an additional paragraph at the end as to an alternative appraoch of she does own a share of the freehold with your permission. Assuming the landlord does not live in the building, if your daughter can gain the support of at least 50% of the other leaseholders including her, she could exercise her your statutory right to take over management of the building from the landlord. This is a statutory right whereby all management and repair functions are transferred to a newly constituted right to manage company of which she is eligible to be a director along with any other leasehold owners. This can be a very effective way of taking non-responsive landlords out of the loop and allowing direct control the management of the building yourselves as tenants. Of course it creates some administrative work which at least one if not a number of the flat owners have to take on or appoint an agent for but it gives a large amount of control to the leaseholders away from the landlord.As above, she would need at least 50% overall of leaseholders to join together in order to exercise her right because you need 50% or more of the leaseholders in order to lawfully exercise your rights under the legislation. She can trace other owners details that she does not know (i.e. if they do not live in their flats but rent them out) by obtaining title entries for the other leasehold flats here for £3 per property:https://eservices.landregistry.gov.uk/wps/portal/Property_SearchThe alternative approach is to hold the existing landlord to account. She can do so initially by serving notice on the landlord that he is in breach of his repair covenants under the lease and setting out a schedule for the various issues you have identified as requiring attention. She can ask that the landlord submits substantive proposals for dealing with the issues within 10 days failing which you reserve the right to make an application to the County court for an order that he does so. She can make such an application using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 She can also demand the landlord provides a summary of service charges paid under by serving a s21 notice on the landlord. She then has the right to demand further information backing up the summary she must receive by serving a s22 notice. If the landlord does not provide the information requested then he can be liable for prosecution and a fine of up to £2500. The local authority can assist in prosecution if necessary. Either before or after obtaining such information as she can reasonably require she can challenge both the reasonbleness of the service charges already demanded for repairs and the current service charges now demanded for the same by applying to a Property Tribunal as below. She can also claim back any unused service charges she has paid from the landlord by making an application to a Property Tribunal using the following form. The landlord cannot profit from service charges and will need to be able to account for all of the service chagres received or he will be ordered to repay them:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/leasehold-003-eng.doc finally, I mentioned I would deal with the situation whereby your daughter may own a share of the freehold. If this is the case, then she is the landlord of the building jointly with all of her fellow residents. If this is the case, and they are not satisfied with the element of the manner in which the property is being managed, she with the support of 50% of the other residents can seek to call an extraordinary general meeting and for resolution as to how to move forward. a resolution could involve removing one or more directors, action against any managing agents and any other number of decisions they may elect to take.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

Thank you for your help , yes she owns part of the freehold as she is the flat owner , its the management service we are using that we just cant get hold of they are not providing the service they advertise, the funding was there to re-carpet the establishment , but two years on nothing has been organized , and believe me we have been constantly sending emails phoning , but to no avail , we fear the management service is maybe , going to do a runner or has already , what do we do .

Expert:  Joshua replied 2 years ago.
Thank you. As above if she owns a share in the freehold providing other flat owners are similarly concerned the position is more straightforward because providing 50% or more of them agree they call the shots. finally, If this is the case, and they are not satisfied with the element of the manner in which the property is being managed, she with the support of 50% of the other residents can seek to call an extraordinary general meeting and call for a resolution as to how to move forward. a resolution could involve removing one or more directors, action against any managing agents and any other number of decisions they may elect to take.She will need to consider canvassing the other residents for support - this can be done by email if she has their email addresses from a central list or if not by knocking door to door - time consuming but necessary in order to obtain the support required. Alternatively if they have AGMs as they should she can wait for the next AGM and propose resoultions for that AGM in respect of removing the existing managing agent.If they are not satisfied with the service of the existing managing agent one of the better approaches might be to approach an alternativ managing agent with whom they are satisified having discussed and generally interviewed them, that alternative agent can asisst and support them in the above resolutions to appoint an alternative agent instead and take action against the existing agent for breach of contract in its service failures.THe process is straightforward enough but it can assist having the support of an alternative agent who has expertise who will normally be willing to do so to win new business. They must take care not to vote to enter into a long term contract with an alternative agent before ensuring that any existing contract with the existing managing agent is ended though.I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
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