I have very recently bought an apartment leesehold, so it has a management company. I have had it two months and they have sent me a bill for £448. This is for the erection of fences (the were done before I bought the property) and replacement guttering. They propose to replace the guttering next Spring. I informed them that when we purchased the property the guttering was so badly damaged we had to have the exterior re-pointed and have had to had the stairwell re-plastered because of the damp and we desperately need the guttering, therefore I am looking to do this myself. Her response was:
"Your flat has been purchased as Leasehold and therefore you are bound by the terms and conditions stated in the Underlease. Your solicitor should have made you aware of your obligations.
Under the terms of building obligations you are not allowed to carry out external repairs yourself with the exception of doors and windows for which you require a license - grant of permission, from the freeholder. These repairs are arranged for the whole building and you pay a percentage/portion of the total cost. Following recent inspection replacement of sofits/facias /guttering are deemed necessary and your portion of the total cost for your block is £400. You are not allowed to organise this work for yourself and as managing agent I have organised reputable firms to quote. After consulation with your block co-ordinator it has been agreed this work will be carried out in spring 2010, but i will contact him again to ask if we need to do it sooner.
You have advised that you have already had the exterior wall repointed. This is not permissible, you are in breach of terms of Leasehold Tenure and action could be taken against you.
Do you appreciate on completion as the new owner you are liable for the total amount of arrears even though you were not the owner at the time. Persuant to S79 of the Law of Property Act 1925 states that an original convenantor covenants on behalf of himself and his successor in title - in simple terms -if the original tenant sells, the purchaser takes on the benefits and burden of all covenants as if he/she were the original tenant."
Is this right? Can they actually charge me what the hell they like and get away with it? Is there anything I can do?
Answer by Common Sense
They can, as you agreed to it when you signed the papers. See what happens when you don't read things?
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Orignal From: My management company are unreasonable?
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