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I think that a Section 20 notification was slipped into the masses of legalese paperwork we are managing to extract from this Management Company. Knowing the way they operate they will probably think they have everything watertight (they are very good at this if nothing else).
Since the service charge demands were received its the first time any of the leaseholders have had any contact with each other and it has now gone from 1 unhappy/concerned leaseholder to 8 of us now. One chap went to the management company's actual office with his concerns and was given a wad (1" thick) of the proposed plans and the tendering details. Again no layman could fully expect to understand most of it and as I said they probably think they've got it sewn up.
The Management company have agreed and set up a meeting with us next week to discuss all this and before then we are trying to get together a pre-meeting meeting to make sure we are all on the same page because there are levels of understanding among some individuals about how this stuff works.
No one has paid the excess part of this demand (paid the usual service charge though).
RTM has been suggested and someone else has started a case with the Leaseholders Advisory Service but its a bit like herding cats.
not4sale-
Leaseholder Advisory Service are fairly good if you get the right person, but they're not exactly on the side of the leaseholder. The advice I got from Leasehold Knowledge Partnership (who are less well resourced, but are FIRMLY on the side of the leaseholder) when I asked about destabilising a problem freeholder was to:
- carry out RTM first
- block any S20 major works during this process
- once RTM is achieved, assign a block management company to investigate their shady behaviour from a position of strength
A block management company who are well resourced will be willing to take the freeholder to a Tribunal which is not something a freeholder wants because it's on record, it makes them vulnerable. Worth looking into.
If you go with company (I'm thinking of Canonbury here but I'm sure there are others) they'll waive all fees for RTM process if you use their block management services for two years. Worth considering and you can do it with 50% engagement. Nothing like a £3.5k bill to focus the mind.
- carry out RTM first
ReekBlefs
It's astonishing that we live in a world of such consumer choice but managing agents are totally unregulated and so blatantly unethical. I recommend RTM - it makes dealing with them much easier. And if you can kick off RTM you can block any major works until RTM is complete and you have a proper company on side to work with you.
Just as a technical point, I didn't think Managing Agents could charge anything over £250 outside their existing service charges without following the Section 20 process? Did you get any Section 20 notifications?