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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6518
Experience:  English solicitor with over 12 years experience
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I am trying to get the management company of my flat to take

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Hi, I am trying to get the management company of my flat to take responsibility for what I believe to be damage to the sills of a large window. This is causing water permeation and minor damage to the internal walls. In the meantime they have issued all the flat owners in the block with an invoice for internal and external maintenance (unrelated to my problem) which I am loathe to pay until they answer my own problem.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: At present they are quite uncommunicative and have now issued me with a letter of late payment charges if I do not pay the invoice relating to maintenance/redecoration of the block. (£1,056.12).
JA: Where is the flat located?
Customer: Wokingham town centre
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What else might be pertinent? The cost of making good the walls is not huge and it's not really a financial dispute, it's more about whether the management company have responsibility for the structure of the building and therefore to put it right.

Hello,

 

Please explain how the damage to your windows was caused? Please upload a copy of your lease if possible.

Customer: replied 15 days ago.
We believe that the damage is from a leaking window sill. I don't have a copy of the lease to hand as this is held by solicitor. Apologies
Customer: replied 15 days ago.
I am concerned that I am withholding the money for the outstanding maintenance and redecoration work on the block. Am I within my rights to do so until this issues is addressed?

Noted.

 

You may write a formal letter to the management company pointing out the issue and asking them to rectify it.

 

However, you would be advised to settle the charges for the outstanding work as these are not in dispute. Your dispute is unrelated and unless your lease allows you to set off these charges, then you would have a hard time arguing to a court that you are justified.

 

Please click on 5 stars if this helps.

Customer: replied 15 days ago.
It's easier for me to type, if that's ok because I am in an open plan office.

That is fine. We do not need to speak on the phone.

Customer: replied 15 days ago.
Helpful, thank you. I will write a formal letter and pay the outstanding invoice. Would I be within my rights to withhold all or some of the annual service charge (which relates to general upkeep of the property and services such as window cleaning and lift maintenance?)?

You may withhold some of that if you are genuinely disputing the services and you may file a complaint with the First Tier Tribunal (Property Chamber) if you wish to take it further.

 

All the best,. Please click on 5 stars

UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 15 days ago.
Thanks very much.

You are welcome.