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tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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a mixed complex of leasehold properties average age of residents

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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

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.

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Customer: replied 5 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

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?


Customer: replied 5 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.

Okay. What is it you would like to me answer for you please?
Customer: replied 5 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.

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:

tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
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