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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 14799
Experience:  Senior Associate Solicitor
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Can a management company. Use my money without my consent.

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Can a management company. Use my money without my consent.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: None. But I was 465 in credit. Now I owe them .and I don't know why
JA: Where is the property located?
Customer: Scarborough
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes the freeholder seems to get all works done on his flats. At extremely high prices. All done by contractors whom he knows well.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

The freeholder needs to account to you for the expenditure - they need to be transparent and they need to justify the money you pay (which is a service charge). The money needs to be used to maintain the property and for any repairs. You should tell them you need to know where the money has gone and ask them to reply within 7 days, or you will have to apply to the property tribunal.....

If they do not reply or they do and they refuse to give you the details, you can involve the First Tier (Property) Tribunal in the dispute with the freeholder or management company. Assuming you own the leasehold. The application costs £100 unless you qualify for a fee exemption, so if you are on a low income, have low savings or in receipt of benefits. If you do, this form must also be used when you apply :

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

The tribunal route is quicker than the county court claims procedure and it's one form which you will need to complete and send to your regional tribunal. The tribunal will then make a decision and indeed it has the power to appoint a management company for another one to ensure good management of the property.

The Tribunal is made up of 3 people: A lawyer (Chairman), a surveyor/valuer (who could also be Chairman), and a lay person (member of the public). You can present the dispute to them in person or use a firm (such as either of these law firms : https://www.bishopslaw.co.uk/first-tier-tribunal-property-chamber-advice/ or www.bradysolicitors.com who have a specialist department for these Tribunal claims).

The hearing itself is quite informal. Once made, the order is then binding - if the order is ignored then the county court will recognise it and you can apply for an injunction to force them to comply.

You will need to fill out the relevant form and then email it to your regional Tribunal. The Tribunal should then make a decision within 6-8 weeks.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

JimLawyer and other Property Law Specialists are ready to help you

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 17 days ago.
Thanks Jim.

My pleasure

Customer: replied 17 days ago.
Also jim . The management company has been taking money from me without my consent from my account with them. Regards jim.

Thanks, ***** ***** needed your consent then you could either ask the tribunal to make a determination (if you apply) or you can sue in a small claim via the http://www.moneyclaim.gov.uk website.

Customer: replied 17 days ago.
Also jim. The freeholder owns 4 of 9 flats in the property. Does this give him overall power over the remaining residents. ?.

Hi, the residents would be leaseholders and they all have rights, under the terms of the lease. It wouldn't matter how many flats they own as they are still a freeholder

Customer: replied 17 days ago.
Hi Jim. The management Company have been reading this thread. .is this possible. .basically saying my questions are incorrect.

Possibly, as it's not a private forum. If you need them, Customer Services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us