Owning your own home

If what you've said is true @Dammit there is no way they'll issue proceedings over this.

That’s why I’m asking them to do so- hopefully they’ll have to tell Martin that they’d lose, and so they’re not willing to take it to court. But we’ll see.

Just had yet another conversation with the solicitor about our service charge (the managing agent has instructed the solicitor to pursue us for unpaid service charge).

A while ago the solicitor offered to halve their legal costs, presumably based on my showing them that the information that they had posted me showed that I didn't, in fact, owe any service charge (we had arranged to pay quarterly when we moved in, and have been doing that like clockwork for nine-ten years now).

Apparently they've spoken to the managing agent, who has said that he still wants the money, and he still wants us to pay half the legal fees, and that the terms of the lease (which does say the service charge is to be paid twice per year) trump the arrangement that he made with us back in 2011.

The solicitor pointed out that Martin the managing agent wasn't going to back down on this, so I've asked them to take us to court, so we can present the evidence that the solicitor sent to us as our case, and Martin can present his opinions, and we can see who wins.

The solicitor said that they'd speak to their manager and get back to me, and acknowledged that she took my point.

The usual advice is if there's a dispute with a freeholder / managing agent, it's usually better for you to initiate tribunal proceedings (since if they have to initiate them they're more likely to add legal fees et al to the claim). Pain in the bum though and atm the tribunal system is at a standstill. You'll probably get away with this I suspect.

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I get the feeling I've been to yours but I can remember why it was.

And also I thought you lived in Hong Kong.

Ramsaye lives in Ching Kong.

If what you've said is true @Dammit there is no way they'll issue proceedings over this.

Here's a question which has just occurred to me - what if they refuse to take me to court, but simply keep insisting that I owe them money? Is there a mechanism to force them to take me to court?

I've got no idea how to take the firm of solicitors to a tribunal as Bleak References suggests, and would rather the solicitor has to initiate the action as (I am hoping here) if I win I only have to pay my own costs, and I can't see (currently) how they could win.

but simply keep insisting that I owe them money?

You ignore them eventually they will go away.

Without context this isn’t a good look

What is the cost of the legal fees they are asking to split? £150? Is it really worth the risk and stress of your approach? Why not cut a deal and move on, even if you feel you are in the right? I would be worried about being a lot more out of pocket after a lot of heart ache down the line.

If dammit doesn't have an ongoing court case, what will he talk about at dinner parties?

Boom - headshot

What is the cost of the legal fees they are asking to split? £150?

~£320 or so. It's more the principle of the thing, and being told by the managing agent "I think you should pay something, I just do" when asked to justify why I should pay anything at all for his accounting error. To be clear, I am absolutely 100% not in arrears.

The solicitor has admitted that the managing agent can't justify why he thinks I owe them money.

If dammit doesn't have an ongoing court case, what will he talk about at dinner parties?

That it's lovely to emerge from lockdown at least, and that the weather in 2025 is lovely?

Personally I'd send them a cease and desist letter and say unless the next thing I receive from you is a properly constructed letter before action outlining exactly what you say the legal claim against me is, then I will consider the matter to be closed and won't be conducting litigation by correspondence any further with you about this specific matter.

(IIAL BUT IANYL)

Anyone had to remove ceiling plaster with asbestos in it? Been flagged in a survey. Looking for an idea of costs to get pro's in.

Been flagged in a survey.

As in they've said it's defo asbestos, or they said there's a risk?

Our dining room was flagged on the survey. We paid something like £100-250, to have someone come over and test it for us - can't remember the exact cost, but it wasn't much. Came back negative. DIY tests where you post it to a lab were c.£50 iirc.

Risk, but likely. We're in the process of testing & costing the things that may need putting right, to work out if the offer is still fair. (without wishing to reignite the chat above..).

Good to know though, thanks.

Leave it be, get it tested so you can say for certain if it is or isn't. Then leave it the fuck alone; asbestos is only harmful when disturbed, so painting it is fine, drilling into it to hang sexy time accessories...... Not so much.

I would of recorded all correspondence with solicitors.

Just wait there final action and said it by email. You’ve offered to pay without prejudice as to save costs and resolve the matter. They said no. Afayk your up to date records suggests so. So wait for your letter before action detailing the breach of conduct you’ve had. I’d like to know this trumping of agreement came from

And tell him to pick a no win no fee solicitor next time.

Could be boxes, I do live in HK for now, still got the place in Chingford which is being used by one of the neighbours (nurse) to isolate from their elderly mum who they live with a few doors up.

I would of recorded all correspondence with solicitors.

Just wait there final action and said it by email. You’ve offered to pay without prejudice as to save costs and resolve the matter. They said no. Afayk your up to date records suggests so. So wait for your letter before action detailing the breach of conduct you’ve had. I’d like to know this trumping of agreement came from

The arrangement to pay quarterly was made either in person or over the phone - I can't remember which, phone is more likely. There is no written evidence of it - which is why Martin is saying that it has no authority. But, the payment history that the solicitor sent me shows us paying quarterly, like clockwork, from the first payment in March 2011 to today (apart from March 2020 which I paid early!)

So Martin is saying that the lease trumps a verbal agreement, and that we are in arrears.

I'm saying that the lease doesn't trump the verbal agreement, proof of which can be seen in how we've paid over the years, and in the fact that Martin has never raised the quarterly payments with us in that entire period (apart from now), when it's convenient for him to pretend it doesn't exist.

How much notice were you given that they required a biannual rather than quarterly billing schedule?

Why does it matter that the service charge is paid biannually? Is there anything more to it?