Harry Scoffin succumbs to podcasting!
What am I doing , blogging a podcast? Well the rain is pooling on our roof and coming through the ceiling both literally and actually, in the posh City of London. If we had a commonhold we would not have simply sold problems like this, but we have had to deal with delinquent freeholders for the 15 years I’ve been a a leaseholder and I’m a lucky fellow to have co-leaseholders who have taken action.
But even with all our bright minds, we still don’t get to speak to the freeholders who do nothing to ensure that the fabric of our building is maintained, despite charging us a ground rent and making sure we have no say in important decisions on matters such as insurance. I’m a Director of our leaseholders company and am empowered by Harry Scoffin, a young man on a mission.
Here he is with a man of a different generation , arguing for millions like me and my partner. Thanks Michael Gove, thanks Harry Scoffin, keep it going!
Hello Henry,
(You may receive this twice as I was having a snag with the Comment button)
As a lessee in a small block of flats (in a non-fashionable part of South-East London) I sympathise with you in your frustrations regarding seeking your Lessor to keep their part of the bargain i.e. maintenance. Our Lessors are based in North London yet they too are just as reticent.
Our leases might be different to yours in that while we have an annual Ground Rent charge, it is not excessive however, we also have annual Service Charges (SC). The SC are devolved to a Landlords Managing Agent (LMA) who is appointed without lessees consultation. The LMA collects the SC and appoints sub-contractors to provide routine cleaning & gardening, etc. Plus insurance, maintenance & redecoration of the communal areas. Unfortunately the LMAs have proved unreliable. Additionally in the nine years that I have lived here, the only communal areas redecoration has been where small repairs have been made. Thus the estate looks sad and neglected. While the lease gives no time cycle for the redecoration e.g. every five years, the lessees Flats do i.e. every five years.
In 2018 three Lessees applied to the Property First-Tier Tribunal (FTT). This had an acceptable result although the LMA had changed and their attention also waned. A second Application was made to the FTT which, unfortunately for various reasons, was ‘struck out’. Further difficulties occurred with the third LMA and another FTT Application was recently made. Although it was based on what the Leaseholders Advisory Service state on their website i.e. that lessees can see the SC accounts, the Judge disagreed and reduced our Application to (more of less) what we already knew and he declined sight of the SC accounts. How do you fight that? In the Judge’s view our Application, if anywhere, should go to the County Court (only lawyers themselves win there). In my understanding, tribunals are to keep things cordial and conciliatory so you don’t need lawyers (as per our first FTT Application), whereas County Courts are adversarial and expensive. Finding any guidance on this problem is proving difficult since lawyers seldom work in tribunals regarding ‘defence’ of leases.
While I will happily donate to Harry Scoffin, it would be interesting to know whether they already are, or intend to make endeavours regarding SC because SC too are a wilderness for lessees, as the need for the FTT demonstrates..
Kind regards.
Tim Simpson
Tim, I am very sorry to read your story. We have recently been allowed to tender for a new managing agent and have found a great improvement with the new one (though it has only been a year since they started). It is a difficult are to get much transparency or guidance as to VFM.