Retrospective service charges

[chambers]

Hi, am very keen to get some opinions on this so will try and set out all the facts as clearly as possible.

 

We purchased a flat (bottom in a block of 3), leasehold, in April 2005. At the time quotes for roof repairs had been sent out to the owners and an amount of £2k requested. The sellers lodged £2k for their share for the sale to be able to proceed.

 

The sale completed. At some point in 05/06 the freehold changed hands.

 

In late 2006 nothing more had been heard of regarding the roof repairs so we requested the monies back, and the managing agent refunded it to us.

 

Around April 2007 the managing agent sent us a bill for £4.5k service charges for roof repairs. The new freehold landlord (he has a building company) had carried out the repairs. This firm was not the firm originally featured in the quotes sent out to the previous owners (they passed on all their paperwork).

 

At no point were we given a quote by him, we were not offered to inspect the works, or given the opportunity to get our own quotes.

 

As a result we refused to pay. They threatened legal action. The demands we received did not display the requisite info (landlords name and address for example) per the landlord and tenant act. We offered to meet with the managing agent and/or landlord, they ignored all correspondence.

 

The freehold landlord had a solicitor threaten action against us late 07/early 08, they were very assertive, but did not offer all the info required by law, would not answer questions we went back to them with, and after about 3 months they disappeared. We did offer to pay the max £250 the landlord can claim (found the info on the Leasehold Valuation Tribunal site), but they did not respond.

 

Last week our mortgage lender wrote stating the managing agent had written asking for them to pay the £4.5k on our behalf. They said they would not cough up unless we asked them to, or the managing agent proved we legally owed the money. We wrote back (copying the managing agent) stating the monies are not due.

 

We lodged a complaint yesterday with the RICS (Chartered Surveyors) as we believe the managing agent to be acting unscrupulously and they display the logo on all their letters to us.

 

We want to sell the flat. The agent is one of the reasons why! We believe we will have to take the landlord to the LVT and obtain a ruling that he is in breach and we only owe the £250.00. Then we pay that and we shouldn't have a problem should we try and sell.

 

I will of course go and investigate the LVT process, but first of all - is there anything we can do (faster/easier) I have missed? Are we even correct in believing we are in the right and we are only obliged to pay the £250?

 

Many thanks for any help. DS.

[Guest Old_andrew2018]

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