Should I pay?

[AdamC]

Hi,

I used to live in a lease-hold apartment block, and used to pay a yearly maintenance fee. The management company wanted an extra £450 off each household for internal redecoration - this was July 2005. I objected that this figure was too high, but they deceided to go ahead. They said that they would ONLY start the work when they had received ALL the money of ALL the residents. In December of 2005 I moved out. Early in 2006 I received a letter telling me that because harldy anyone had paid the £450 they were putting the work on hold. In July 2006 I received a letter asking me for £450 again as they were going to go ahead with the work. Last week I received a letter telling me that because I have not paid this amount they are taking me to court! My question is this.... Do I have to pay this amount? I no longer live at this property and the work has not commenced. Can they use the argument that I was billed for this money whist I lived there so I am liable for it?

Many thanks
AdamC

 

[rolfw]

I wouldn't have thought that they have any chance whatsoever, but then again I am not a lawyer and it will depend on the T&Cs of the lease.

You may find a trip to your local citizens advice bureau useful, if they cannot help, they will put you onto a solicitor who will charge a set fee for advice.

 

[cfphoenix]

They have no chance to get the money from you if the bill is dated 2006, so long you have not committed yourself to any such billshit in your lease agreement.

Also, you won't be benefitting from this work (to be done), you have signed no agreement for future work, as you have left the premise in 2005.

Don't be scared with the lawyers and scr3w them back!!!

You may need to write back to them, explaining why you are not willing to pay and be carefull with your use of words as they may use the letter against you. Hopefully it will stop here.


FYI, I am purchasing a bungalow land and am getting rid of all the service agreements included in the sales and purchase agreement BEFORE signing it.


Best of luck.

 

[gameboy]

I agree, as the work has not been started then a year is a reasonable time to wait.

When you moved out you should have been advised to put aside the money for the re-decoration until the situation was resolved.

If you are the only person who has not paid, and the work cannot continue until your situation has been resolved, then they may have a case.

Take legal advice - if do decide to take you to court it may cost a lot more.

As I said, this situation should have been taken into account (outstanding work) when you moved out.

 

[AdamC]

Many thanks for the responses. I have checked the lease agreement and cannot find any details of me being liable for this.

If they do pursue me - I will have my day in court.

 

[rolfw]

I would still recommend a £40 or so investment in proper legal advice, a 30 minute meeting with a solicitor should do it.

 

[AdamC]

We have a free legal/health/relationship advisor we can we can use which our company provides for us. I will give them a call.

 

[gameboy]

Had my day in court with a 'factor' (management company) I was advised that they very seldom loose.

Did my homework and the judge found in our favour - dumped the factor and have done it ourselves since.

It's still cheaper than they charged 16 years ago and the work is better!