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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8281
Experience:  Dual qualified Solicitor and Attorney
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Management charge the electricity bill, but they forgot to

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Management charge the electricity bill, but they forgot to renew the contract and cause the rate to double .Is this count negligence ?   Do I need to bear the loss because it's their fault ?
JA: Where are they? It matters because laws vary by location.
Customer: Manchester, we are commercial property
JA: What steps have they taken so far?
Customer: My bill is around £150 a month, now they charge me £5550 a year, £460 a month
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We always pay the service charge and electric bill separated from 2015. But the service charge year 2017-2018 is changing, they pay the electric in service charge and I received the refund 2019 Oct. And never receive any invoice until 2021 March, they send me invoice for year 2018-2019 and recharge me £5550, the rate is 11p change to 24p
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!
Customer: replied 8 days ago.
Please let me know ASAP thank you

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Sorry so in essence your electricity bill has gone up because they have ended up on a higher rate and you wish to know if you have to pay for your electricity at the higher rate?

Customer: replied 7 days ago.
the management team forgot renew the electric contracts every 12 months for twice, it was 24 months go to off contract rate from 11p to 28p, and they didn't notice us, so we can choose to get a new supply instead to using the sub meter of landlord. am I need to bear the loss because the management team's mistake ?

Yes I would say so sadly, for example the agreement does not mean you will necessarily have to pay the cheapest rate available anyway. I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Customer: replied 7 days ago.
I rent this property is 2015, the service charge and electric is pay separately, my electric bill is £150 only,and I always pay advance every months, they issue the bill by random always more than a year, but 2018 Dec, I was been told no need to pay electric anymore because the service charge will pay all the electric, and I got the refund by Oct 2019 for my previous payment and the new system is from 2017 Oct.But when 2021 March, I have received an electric bill it was £5550 for the period Oct 2018- Sep 2019 for 12 months periods, it cost £ 460 a months. They said want to change back to service charge and electric separately, but I did not receive any notification with this change.
Can they just change the calculation random ?thank you
Well it depends on the rules between the management company and you as a leaseholder there should be a management agreement that covers the arrangement and if they are the freeholders agent then the leasehold agreement should cover this. They should not change the agreement and then charge you in arrears for something they told you would be covered by the service charge assuming they billed you service charges and you paid. I trust this assists.
Customer: replied 7 days ago.
When 2015 we sign a lease I think is act 1995, on 2019 we just have a phone call and email said I get the refund because the service charge is included electric, is this count agreement ?
Customer: replied 7 days ago.
The management team forgot renew the electric contract and made the electric bill of whole building increase £20000 + per year, and two years is £40000+, is this count negligence ? Can we do anything with this issue ?
Thank you

Yes I would think it does count as negligence. Negligence occurs where a party owes a duty of care to another and they fail in that duty of care by not acting according the standard to be expected of a reasonable person carrying out that trade, skill or profession as here. Establishing the duty of care would be easy here as they have a contractual duty and by extension a duty in tort (the area of law which negligence falls under). A breach has occurred in my view as well given the very large increase in overall electricity costs.

If you want to bring a legal case you should complete a claim form using form N1 here: https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

Once done send it to your nearest county court: https://www.gov.uk/find-court-tribunal

You will need to contact them and pay the issue fee.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.

I thank you for visiting the website and for the opportunity to assist you with your inquiry. If you have further questions, inquiries or queries let me know post haste and I will attempt to answer them. Otherwise I bid you a good day

Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8281
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and 2 other Property Law Specialists are ready to help you