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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10603
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am the owner of a leasehold property in East London (maisonette)

Customer Question

I am the owner of a leasehold property in East London (maisonette) and I have just received an additional 9k service charge invoice (on top of a regular service charge invoice) for external and communal repair works. However my wife and I have never noticed any real work being done one the block. Since we moved in in May 2011 we have not seen any scaffolding or road/pavement works near our flat. We are jut a bit shocked to have received such an invoice in the first place as we can't believe that the housing association really believes that people are able to pay that much extra on top of their mortgage. Any advice is greatly appreciated.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Did you receive any prior Notice from the Housing Association of the intended works, and the opportunity to query the proposed works?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

Hi Al,

I will go through all the previous paperwork I received from the Housing Association once I get home after work today so I can fully confirm.

Thanks for getting back to me.

Regards,

Fahaad

Expert:  Aston Lawyer replied 2 years ago.

Thanks Fahaad,

I will look forward ot hearing form you later.

Al

Customer: replied 2 years ago.

Hi Al,

I've scanned & uploaded the documents which they sent me on Saturday.

I've uploaded them to WeTransfer:

http://we.tl/zSq35jFqOH

Please note, this is not the prior notice which you asked me about earlier (I still have to look for that once I get home).

These are just the docs which came with the 9k bill and which I took with me to work today.

I'm hoping these will give you a clearer picture on the situation.

Regards,

Fahaad

Expert:  Aston Lawyer replied 2 years ago.

Hi Fahaad,

Thanks for your post and attachments.

Basically, I am afraid all Leaseholders are responsible for any service charge, however big, PROVIDED the Freeholder has served prior Notice on them notifying them of such proposed works- this FOrm has to be in the Form of a Section 20 Notice (hence why I originally asked if you had received any prior Notice).

If it turns out that the Housing Association did send you a Section 20 Notice, I am afraid that you will be responsible for paying the service charge. If they did not serve you with the section 20 Notice, they are only legally entitled to charge you approximately £100 for the proposed works.

I hope this assists and sets out the legal position to you.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.

Hi Fahaad,
Can I assist you any further?

Kind Regards

Al