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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 28947
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

The Committee of my Residential Management Company are not

Customer Question

The Committee of my Residential Management Company are not keeping true and accurate records of their proceedings with important contributions omitted and actions agreed not recorded or acted upon.
JA: Where are you? It matters because laws vary by location.
Customer: Newcastle upon Tyne
JA: What steps have you taken so far?
Customer: Written to the Chairman
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Also written to senior partner of Managing Agents warning there was a problem - no reply received. A representative of the firm acts as Secretary too he meetings but the final version of minutes issued are only issued with the approval of the Chairman
Submitted: 12 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine how frustrating it must be. I will certainly try to clarify the position for you.

may I clarify if this is a leasehold property you own or a freehold property please?

Customer: replied 12 days ago.
Leasehold
Customer: replied 12 days ago.
No - I will await your response via email. Thank you
Expert:  Joshua replied 12 days ago.

thank you. As a leasehold owner, you have a number of statutory rights in this respect in particular but not limited to the landlord and tenant act.

Initially, you can serve a notice upon the management company requiring them to provide you with a summary of the accounts for inspection. Having received those, you can then serve a further notice requiring such further detailed information as you require in order to cooperate or establish the validity of information contained within the accounts. This can either be by way of them providing you with copies of the documents such as invoices or statements you require or making them available for you to inspect. It is a criminal offence for a landlord or managing agents to refuse or omit to provide such information on receipt of a statutory notice.

I attach copy precedents you can adapt to serve the appropriate statutory notices upon the management company.

To the extent you find that you have been overcharged in relation to service charge either based on the information you already hold or on the basis of such information as you discover following the service of the above statutory notices, you can application to the first tier property tribunal for a determination as regards ***** ***** of one or more service charge demands:

https://www.gov.uk/government/publications/form-leasehold-3-application-for-a-determination-of-liability-to-pay-and-reasonableness-of-service-charges

Customer: replied 12 days ago.
My problem is not connected in any way with the accounts. The Committee were asked to enforce one of the covenants included in Schedule 5 of everyone’s lease setting out their obligations. In this case not to park any vehicle other than a motorcar on the premises. This has been raised at two Committee Meetings and at the second one it was agreed a letter would be sent to the owners of the offending vehicle ( a campervan ). There is no mention of this in the minutes of both meetings and the letter has not been sent because the Chairman has subsequently told the Managing Agents not to do so. The Regulations ( also referred to in Schedule 5 ) say owners should not park more than one car on the premises. The owners of the camper van have regularly parked two.
Expert:  Joshua replied 12 days ago.

thank you. Are you aware whether there is a so-called leasehold enforcement covenant within your lease? This is a provision that provides that the landlord must enforce the covenants of the lease upon request of a leaseholder

Customer: replied 12 days ago.
I am well aware of it and have drawn the attention of the Committee to it as well. However they are ignoring their responsibility to take action as I have requested. What I need to know is were to go next.
Expert:  Joshua replied 11 days ago.

thank you. If the landlord or as is the case here, management company is refusing to enforce the covenants following a formal request to do so, then one or more of the aggrieved residents can bring an application for a court order to require the management company to do so. Before making an application for such an order, you would need to write to the management company giving a further period in which to undertake their obligations or advise that you will be left with little option but to apply for a court order in this respect. You should give them sufficient time in order to comply with the request bearing in mind the may need to be a further meeting on the point although it is likely to be within the directors purview to make decision without the need for a members or shareholders vote.

If you are required to issue an application to court, you can do so using the following form:

https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

one thing to be aware of, is typically, leasehold enforcement covenants contain a condition that a request for a landlord or management company to enforce the covenant is subject to you indemnifying the management company in respect of costs in this regard. This would not extend to indemnification for breach of their obligation but rather for any costs reasonably incurred actually taking enforcement action