Thank you. I think "justification" may be the clue because there will never be any works carried out and paid for from the sinking fund. The agreement to refund is recorded in the minutes of a meeting. As previously mentioned they no longer charge having agreed it was inappropriate. Am I correct in that the payments made can only be used on the leasehold properties concerned and not on the general needs properties please. I find your penultimate sentence confusing. I/we do still pay a service charge so could I suggest they use my old sinking fund payments to cover that? Would that be a way round thisd?
I found your answer left me somewhat confused, in particular your penultimate sentence . I/we continue to pay a service charge for services we do receive though we are not totally happy that the charge is justified. As mentioned we no longer pay a sinking fund contribution therefore I do not know if your suggestion of a tribunal would address the held sinking fund payments. I have therefore sent you a follow-up question as to whether I/we could ask that the held sinking fund payments be set against current service charge payments or arrears.I should repeat that we have no communal leasehold blocks. . Some Individual properties were bought as a result of the Right to Buy legislation and receive no maintenance of any kind.
It isn't currently charged therefore not set at any level. There is and never has been any likelihood of the sinking fund being spent on these non-communal properties it is not a question of "intention"or of (as in your first answer), further charges being unreasonable. Our properties are our own responsibility apart from Buildings Insurance and receive no maintenance. Our lease says the original landlord "may" charge a sinking fund i.e. discretionary not mandatory and does not spell out what for. As the current landlord feels it was inappropriate they have ceased to charge it and did say they would refund but are now saying they wont. I don't feel you have answered my question regarding the suggestion of setting the withheld sinking fund payments against current service charges. Neither have you confirmed whether they have to let me know how much they hold and what they do intend to do with it. I feel I am repeating myself but perhaps you haven't fully grasped the issues. I can be contacted on XXXXXXXXXXX if you prefer.
I am sorry about that and I feel I have wasted time and money. Very disappointing
Thankyou. I think it would be better to abandon this at this stage.I still feel a phone call may have been helpful, please refund my deposit.