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No we are managing agents the property concerned is a freehold house within an estate they did not comply with the transfer agreement in the following ways.
1. They failed to comply by not registering their client with the Residents Company.
2. They did not inform their client that there was a yearly service charge to pay.
3. Informed their clients to ignore any demands for service charge.
4. Did not respond to letters to them pointing out the requirements within the transfer agreement.
Any reply as yet
Hi again Clare,
Thanks for your response. If this matter cannot be resolved through correspondence which seems unlikely then I know to recover the service charge owing I can take the person to small claims court. On the matter of ensuring that the transfer agreement is complied with do we seek an injunction to make them comply? also which court would deal with County, High etc. also what court forms would we need to use.
This is an extract from the transfer agreement:
2(2)(b) within twentyeight days of the date of every transfer grant of probate or administration transfer mortgage charge discharge order of the court or other event or document relating to land or any part thereof:-
(I) to give notice thereof in writing to the company (ii) in the case of a document to produce a certified copy of it to the company for registration with the notice.
Give notice and pay a fee to the company on both parts