Mothers Flat and 99yrs lease - freeholder and Suspicious Charges

[Tosca 2]

Hi Everyone, hope you can help?

My mother owns a 99 year lease, she purchased in 1986 the ground rent is £70 per annum and she has to pay 50% of business insurance and 50% for roof, gutters etc.

In 2014 Miss Philips bought the freehold to the property my mother's maisonette/flat resides in and appointed her brother Mr Phillips as estate manager.

My mother's flat is at the top of the building, underneath hers is Mr Phillips and below him is his estate agency.

Since Miss Philips took ownership of the building she and her brother have wanted my mother out gaining greater value to the property with complete ownership.

Mr Philips moved into the flat underneath my mother in 2018, since then he has harassed and intimidated my mother by finding constant reasons for complaint and demands for money he says are for repairs. 

In 2019/2020 my mother was sent a bill from him for £13,841.14 for work he said was needed in the building for her to pay 50% of.

The freeholder is responsible for getting the work done and then bill my mother.

Mum is 50% responsible for communal: hallways, walkways, passages, stairs and roof.

As far as I can see he has billed her for work he was doing on his own property. 

 

[honeybee13]

Hi.

You seem to have posted about this before. Is the new thread connected with your previous one please?

Hopefully site team member @lolerzwill be along later to help.

HB

[Tosca 2]

Hi honeybee13,

Yes it is connected. I didn't realise I should put them together I thought that would confuse things. Sorry I am new to this and thank you for pointing it out

[lolerz]

I deleted my first post as I believe I read this wrong.

To get this right, is this a singular piece of work she's been billed for or for the year's worth of work as part of an annual Service Charge?

My answer would differ completely depending on which this is.

 

[Tosca 2]

Hi Lolerz,

Thank for the reply. No the bill is for various work carried out, it's very complicated because some of it my mum was responsible for - which she has paid £2,370.00. for work carried out in the communal areas.  Mr Phillips is demanding she pays for work he has carried out on his own flat which she is not responsible for.  

[lolerz]

has she seen copies of the invoices?

She has a legal right to inspect and take copies of these under Section 22 of the Landlord and Tenant Act 1985. I suggest you exercise that right. The only potential "fly in the ointment" here is that you're querying charges from 2019, and they could argue that you're out of time. I would say however that it would be in the freeholder's best interest to release these to you.

Unfortunately, the payments do compromise her position in disputing the charges.

You can use Section 27A of the Landlord and Tenant Act to apply for the First Tier Tribunal to decide whether the Service Charge is due and payable, and naturally, the freeholder will have to prove where the money was spent to get a judgment in his favour.