How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
73598664
Type Your Property Law Question Here...
tdlawyer is online now

a mixed complex of leasehold properties average age of residents

Resolved Question:

a mixed complex of leasehold properties average age of residents 75/80 being faced with maintenance costs increase over the next 30years up to £50 per 2 bedroom properties. The position of probably 8o% will be unable to pay. The residents are agreed that they would be prepared to pay a 3% increase in to the sinking fund on sale of properties instead of the 1% at present, this would enable residents to have enough of their yearly income for living expenses. Until a complaint dating back to 2007 was brought forward again by a resident approx 3 yrs ago,2/5ths of the properties 1% on sale of properties was paid into the sinking fund and the other 3/5ths were retained by the landlord which they advised me was paid in to their legal and administrative fund. As a result of this the sinking fund is almost out of funds. \please advise of way forward for us
Submitted: 2 years ago.
Category: Property Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

I am84 yrs old and find it quite a challenge, I know I have paid £33 pounds for one months use of your service with one week free. Have you any idea how long it could be before you are able to answer my question. This will be my only legal question so would wish you to cancel if there is to be a long delay

Expert:  tdlawyer replied 2 years ago.

Hello, thanks for your question. My name isXXXXX can assist with this.

Can you tell me, are you objecting to the increased service charge and want me to expain how you can do that?

Tony

Customer: replied 2 years ago.

The options given by the land lords agents were not acceptable as the majority of the residents could not afford to pay the increases in the monthly maintenance fees. Their options were rejected at the meeting and all agreed they woul d accept an increase on the 1% charge on the sale of the properties to 3% which they,on their figures estimate would cover the costs of £1.500,000 needed to cover their assessments of work to be carr4ied out over the next 30yrs.

Expert:  tdlawyer replied 2 years ago.
Okay. What is it you would like to me answer for you please?
Customer: replied 2 years ago.

are we legally able to insist that the changes in the deeds meet the wishes of the residents and do we need a majority to obtain this outcome. If they enforce the options they have given us we are not in a position to pay. A letter that came with the proposed changes stated that they unable to increase the 1% because of limitations in leases so they must have looked at his option but this was not presented to us an option.

Expert:  tdlawyer replied 2 years ago.
The management company represents you. You have the right to vote at it's annual meetings to approve certain expenditure or to refuse to allow it. These votes have to be respected.

Ultimately, however, if these are the costs of the estate and they need to be increased, then measures need to be taken to reduce that costs base or increase the service charge.

If you wish to, then you can call a meeting of any management company that you have, if you are shareholders of it (which is a typical set-up), so long as there are enough of you and together you have more than 5% of the voting rights of the company. At that meeting, you can put resolutions which the management company must follow. Before doing this, it is worth getting professional advice by grouping together if possible and seeking advice from another potential management company who might get the task of running the estate in the future; they should be able to review what has happened to date and make suggestions as to how to move forward.

If you think any element of the service charge is unreasonable, then you can apply to the leasehold valuation tribunal for a determination as to whether that is the case. You can get more information about that, and how to do it, here: http://www.justice.gov.uk/tribunals/residential-property

Tony
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
tdlawyer and 2 other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.