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I am hoping someone can advise me in respect of the service charge demand for 2009 and statement of account that I have received in respect of my flat.
I have received a very short letter from the managing agents on behalf of the management company.
The letter contains the following information:
· The address of the managing agent (but only a PO Box address)
· The name of the management company but no postal address at all
· A reference to the AGM of the management company in respect of a demand for payment of £997.27 in service charges for 2009 (a summary budget for 2009 was circulated at the AGM but a copy was not provided with the service charge demand for the benefit of the majority of residents that did not attend the AGM)
· Bank account details for payment
My questions are as follows:
· Should the service charge demand for 2009 have been accompanied by a summary of the proposed budget for 2009?
· Should the service charge demand have included the full postal address of the management company? My understanding is that ss.47-48 Landlord and Tenant Act 1985 require this. Is this correct?
· Should the service charge demand have included a summary of leaseholder rights and obligations? I understand that s.153 Commonhold and Leasehold Reform Act 2002 requires this from October 2007. Is this correct?
· If the above-mentioned legislation does apply, is it also correct that a failure on the part of the management company or its managing agent to comply entitles a leaseholder to withhold service charge payments until there is compliance with the statutory requirements?
Given that the 2008 service charge demand was equally vague, it should be fairly obvious why I am asking these questions but also why I need to be sure of my legal position.
In addition to the letter, a brief summary statement of account was also enclosed.
I have a long standing dispute over alleged service charge arrears and the summary statement provided to me continues to include a sum that I do not owe.
I have asked the managing agents on numerous occasions to provide a detailed statement of account showing individual service charge payments that I have made since as far as I am concerned not all of my payments have been accounted for.
The managing agents have not supplied this information but continue to instruct a debt collection company.
Could someone please confirm whether it is appropriate to submit a subject access request under s.7 Data Protection Act 1998 to the managing agent? Would this require the management company or its managing agent to provide evidence of each and every transaction on my service charge account?
I hope someone can help …. many thanks.
Richard
I have received a very short letter from the managing agents on behalf of the management company.
The letter contains the following information:
· The address of the managing agent (but only a PO Box address)
· The name of the management company but no postal address at all
· A reference to the AGM of the management company in respect of a demand for payment of £997.27 in service charges for 2009 (a summary budget for 2009 was circulated at the AGM but a copy was not provided with the service charge demand for the benefit of the majority of residents that did not attend the AGM)
· Bank account details for payment
My questions are as follows:
· Should the service charge demand for 2009 have been accompanied by a summary of the proposed budget for 2009?
· Should the service charge demand have included the full postal address of the management company? My understanding is that ss.47-48 Landlord and Tenant Act 1985 require this. Is this correct?
· Should the service charge demand have included a summary of leaseholder rights and obligations? I understand that s.153 Commonhold and Leasehold Reform Act 2002 requires this from October 2007. Is this correct?
· If the above-mentioned legislation does apply, is it also correct that a failure on the part of the management company or its managing agent to comply entitles a leaseholder to withhold service charge payments until there is compliance with the statutory requirements?
Given that the 2008 service charge demand was equally vague, it should be fairly obvious why I am asking these questions but also why I need to be sure of my legal position.
In addition to the letter, a brief summary statement of account was also enclosed.
I have a long standing dispute over alleged service charge arrears and the summary statement provided to me continues to include a sum that I do not owe.
I have asked the managing agents on numerous occasions to provide a detailed statement of account showing individual service charge payments that I have made since as far as I am concerned not all of my payments have been accounted for.
The managing agents have not supplied this information but continue to instruct a debt collection company.
Could someone please confirm whether it is appropriate to submit a subject access request under s.7 Data Protection Act 1998 to the managing agent? Would this require the management company or its managing agent to provide evidence of each and every transaction on my service charge account?
I hope someone can help …. many thanks.
Richard
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