Long delays from issue date to recieved date for invoices
Discussion
PurpleMoonlight said:
What did I miss?
S16KBW said:
Hello all, looking for some advice from someone who hopefully understands this area a little better.
Little background I live in a leasehold apartment and obviously pay my share of maintenance (Quarterly) and my ground rent (annually). My problem is with the leasehold agents who regularly send out the invoices for these payments and give '28 days from the stated issue date to pay in full'. I have been frequently not receiving these letters until at least 14 days after the issue date, effectively halving the time I have to pay in full. (this isn't really an issue as I have the money set aside to pay in full, just mildly irritating).
Is there an ombudsman or some other authority to complain to that will have any more effect on this than I would shouting at some minimum wage office member down the phone who ultimately doesn't care? or is this just something that I have to suck up and deal with? (obviously its hard to prove when a letter was received it just becomes my word against theirs?)
Thanks!
Edit: I still had the first post open on another tab. I am not the OP.Little background I live in a leasehold apartment and obviously pay my share of maintenance (Quarterly) and my ground rent (annually). My problem is with the leasehold agents who regularly send out the invoices for these payments and give '28 days from the stated issue date to pay in full'. I have been frequently not receiving these letters until at least 14 days after the issue date, effectively halving the time I have to pay in full. (this isn't really an issue as I have the money set aside to pay in full, just mildly irritating).
Is there an ombudsman or some other authority to complain to that will have any more effect on this than I would shouting at some minimum wage office member down the phone who ultimately doesn't care? or is this just something that I have to suck up and deal with? (obviously its hard to prove when a letter was received it just becomes my word against theirs?)
Thanks!
On some property matters for example, the contract can be worded so that the money is due on a particular day I.e. the Quarter Days and it is payable on the specified dates, whether demanded or not.
OP, I'd suggest you familiarise yourself with the wording of any tenancy/contract for your occupation. Your managing agent should also provide you with an estimated budget for the entire year for maintenance which your indicating you'd pay 1/5th at each invoice date. I'd recommend you refrain from giving the managing agents staff some strong words for delays and put your grievance/concern in an email to the managing partner/owner of the business although it's probably best to find out who the freeholder of the property is and raise your concerns with them directly.
OP, I'd suggest you familiarise yourself with the wording of any tenancy/contract for your occupation. Your managing agent should also provide you with an estimated budget for the entire year for maintenance which your indicating you'd pay 1/5th at each invoice date. I'd recommend you refrain from giving the managing agents staff some strong words for delays and put your grievance/concern in an email to the managing partner/owner of the business although it's probably best to find out who the freeholder of the property is and raise your concerns with them directly.
On the off chance that the poster sticks his head above the parapet again, I'm guessing that the 28 days is printed on the invoice, not in the lease, in which case it isn't enforceable, and he should either pay within the time stated in the lease, or if it isn't stated then within a reasonable time.
S16KBW said:
Hello all, looking for some advice from someone who hopefully understands this area a little better.
Little background I live in a leasehold apartment and obviously pay my share of maintenance (Quarterly) and my ground rent (annually). My problem is with the leasehold agents who regularly send out the invoices for these payments and give '28 days from the stated issue date to pay in full'. I have been frequently not receiving these letters until at least 14 days after the issue date, effectively halving the time I have to pay in full. (this isn't really an issue as I have the money set aside to pay in full, just mildly irritating).
Is there an ombudsman or some other authority to complain to that will have any more effect on this than I would shouting at some minimum wage office member down the phone who ultimately doesn't care? or is this just something that I have to suck up and deal with? (obviously its hard to prove when a letter was received it just becomes my word against theirs?)
Thanks!
'The stated issue date' presumably refers to the date on the ground rent demand. If so, then '28 days from.......to pay in full' is a statutory breach. See below.Little background I live in a leasehold apartment and obviously pay my share of maintenance (Quarterly) and my ground rent (annually). My problem is with the leasehold agents who regularly send out the invoices for these payments and give '28 days from the stated issue date to pay in full'. I have been frequently not receiving these letters until at least 14 days after the issue date, effectively halving the time I have to pay in full. (this isn't really an issue as I have the money set aside to pay in full, just mildly irritating).
Is there an ombudsman or some other authority to complain to that will have any more effect on this than I would shouting at some minimum wage office member down the phone who ultimately doesn't care? or is this just something that I have to suck up and deal with? (obviously its hard to prove when a letter was received it just becomes my word against theirs?)
Thanks!
Rent demands are governed by Section 166 of the Commonhold and Leasehold Reform Act 2002 (service charges however are not).
https://www.legislation.gov.uk/ukpga/2002/15/secti...
Delaying posting the demand so that the leaseholder receives it two weeks, or more, after the issue date is sharp practice but unfortunately not against the law.
That said, if the Section 166 Notice is non-compliant (as would seem to be the case here) the tenant (leaseholder) is not liable to make payment unless, and until, it is properly demanded.
https://www.lease-advice.org/article/ground-rent-a...
https://www.lease-advice.org/files/2018/01/Form_of...
Shouting down the phone is a counter productive exercise.
Always remain calm, dispassionate, and professional in your dealings with a managing agent.
All communications should be made in writing so that you have an audit trail.
No Ombudsman Scheme will entertain a complaint until you have reached an impasse with the agent.
That process is likely to take several weeks. If push does come to shove, see - https://www.which.co.uk/consumer-rights/advice/how...
A statutory breach should be sufficient incentive for the agent not to want things to get that far.
Red Devil said:
'The stated issue date' presumably refers to the date on the ground rent demand. If so, then '28 days from.......to pay in full' is a statutory breach. See below.
Rent demands are governed by Section 166 of the Commonhold and Leasehold Reform Act 2002 (service charges however are not).
https://www.legislation.gov.uk/ukpga/2002/15/secti...
Delaying posting the demand so that the leaseholder receives it two weeks, or more, after the issue date is sharp practice but unfortunately not against the law.
That said, if the Section 166 Notice is non-compliant (as would seem to be the case here) the tenant (leaseholder) is not liable to make payment unless, and until, it is properly demanded.
https://www.lease-advice.org/article/ground-rent-a...
https://www.lease-advice.org/files/2018/01/Form_of...
Shouting down the phone is a counter productive exercise.
Always remain calm, dispassionate, and professional in your dealings with a managing agent.
All communications should be made in writing so that you have an audit trail.
No Ombudsman Scheme will entertain a complaint until you have reached an impasse with the agent.
That process is likely to take several weeks. If push does come to shove, see - https://www.which.co.uk/consumer-rights/advice/how...
A statutory breach should be sufficient incentive for the agent not to want things to get that far.
Thank you, pretty much what I assumed that it was not very good practice but that there wasn't really much I could do about it legally.Rent demands are governed by Section 166 of the Commonhold and Leasehold Reform Act 2002 (service charges however are not).
https://www.legislation.gov.uk/ukpga/2002/15/secti...
Delaying posting the demand so that the leaseholder receives it two weeks, or more, after the issue date is sharp practice but unfortunately not against the law.
That said, if the Section 166 Notice is non-compliant (as would seem to be the case here) the tenant (leaseholder) is not liable to make payment unless, and until, it is properly demanded.
https://www.lease-advice.org/article/ground-rent-a...
https://www.lease-advice.org/files/2018/01/Form_of...
Shouting down the phone is a counter productive exercise.
Always remain calm, dispassionate, and professional in your dealings with a managing agent.
All communications should be made in writing so that you have an audit trail.
No Ombudsman Scheme will entertain a complaint until you have reached an impasse with the agent.
That process is likely to take several weeks. If push does come to shove, see - https://www.which.co.uk/consumer-rights/advice/how...
A statutory breach should be sufficient incentive for the agent not to want things to get that far.
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