Mediation v First-tier Tribunal. Possible?
Discussion
I’m after advice from those who know.
My mother is a leaseholder in a purpose block of 10 flats. These are; owned, managed, maintained, by a housing company that is a Registered Housing Provider, a non profit organisation and a member of the Association of Retirement Housing Managers. The company own some 10000 properties the majority of which are rented to tenants with only about 100 owned leasehold.
The company wishes to increase my mother’s Management Fee by 10%, not a significant financial implication. The only justification given is the new fee is in line with what others in the industry charge! Is this price fixing?
The company also wishes to introduce the cost of a ‘Scheme Manager’, a considerable financial implication. Something not currently provided.
The company would appear to be ignoring the lease which states something along the lines that the wishes of the leaseholders need to be taken into account. There has been no discussion on the matter.
The company would also appear to be in breach of the code of practice as members of the ARHM which state that there needs to be a ballot of leaseholders where there is a change to custom and practice.
Discussing the matter with the company by email has proved fruitless as they prove evasive in reply and state that they will make the charges. I have a meeting arranged but do not expect them to change their approach.
I believe they are of the opinion that any legal action on our behalf will end up costing more than the charges they intend imposing. Very possibly true but they don’t know my mother, she will not be bullied. The last time she was bullied was as a 10 year old whilst evacuated, she broke the nose of the boy. She would dearly like to do the same again as an 89 year old however my brother and I have advised against it.
The Housing Ombudsman would appear not to be the route to take in this case. If in doubt have a look at the website.
First-tier Tribunal looks as if it could be a very expensive option.
The question, for those who have experience. Is Mediation possible? If so what should we expect; in costs, presenting evidence, other? And is this a sensible route to take?
Thanks
Rick
Sent from my iPad
My mother is a leaseholder in a purpose block of 10 flats. These are; owned, managed, maintained, by a housing company that is a Registered Housing Provider, a non profit organisation and a member of the Association of Retirement Housing Managers. The company own some 10000 properties the majority of which are rented to tenants with only about 100 owned leasehold.
The company wishes to increase my mother’s Management Fee by 10%, not a significant financial implication. The only justification given is the new fee is in line with what others in the industry charge! Is this price fixing?
The company also wishes to introduce the cost of a ‘Scheme Manager’, a considerable financial implication. Something not currently provided.
The company would appear to be ignoring the lease which states something along the lines that the wishes of the leaseholders need to be taken into account. There has been no discussion on the matter.
The company would also appear to be in breach of the code of practice as members of the ARHM which state that there needs to be a ballot of leaseholders where there is a change to custom and practice.
Discussing the matter with the company by email has proved fruitless as they prove evasive in reply and state that they will make the charges. I have a meeting arranged but do not expect them to change their approach.
I believe they are of the opinion that any legal action on our behalf will end up costing more than the charges they intend imposing. Very possibly true but they don’t know my mother, she will not be bullied. The last time she was bullied was as a 10 year old whilst evacuated, she broke the nose of the boy. She would dearly like to do the same again as an 89 year old however my brother and I have advised against it.
The Housing Ombudsman would appear not to be the route to take in this case. If in doubt have a look at the website.
First-tier Tribunal looks as if it could be a very expensive option.
The question, for those who have experience. Is Mediation possible? If so what should we expect; in costs, presenting evidence, other? And is this a sensible route to take?
Thanks
Rick
Sent from my iPad
Breadvan. Thanks for the reply. Possibly something for me to propose at the forthcoming meeting, if we fail to come to an agreement. I have some information from websites; however, I am acutely aware that the ‘web’ can be a faux amis. Cost still remains an unknown but I will ask a ‘mediator’.
Randlemarcu. Don’t lose your head over the name, Rick is my ‘family’ nomenaclature.
Rick
Randlemarcu. Don’t lose your head over the name, Rick is my ‘family’ nomenaclature.
Rick
Jack ketch said:
Breadvan. Thanks for the reply. Possibly something for me to propose at the forthcoming meeting, if we fail to come to an agreement. I have some information from websites; however, I am acutely aware that the ‘web’ can be a faux amis. Cost still remains an unknown but I will ask a ‘mediator’.
Randlemarcu. Don’t lose your head over the name, Rick is my ‘family’ nomenaclature.
Rick
He meant the "Sent from ipad" thing - you had to have typed it?Randlemarcu. Don’t lose your head over the name, Rick is my ‘family’ nomenaclature.
Rick
Costs going to First Tier Tribunal are not that expensive, and may even be recoverable, see HMG link below.
https://assets.publishing.service.gov.uk/governmen...
OP have you visited the Leasehold Advisory Service's web site link below, they also have a telephone legal advice service, and possibly through the former you may be able to locate local solicitor with leaseholder expertise.
https://www.lease-advice.org
https://assets.publishing.service.gov.uk/governmen...
OP have you visited the Leasehold Advisory Service's web site link below, they also have a telephone legal advice service, and possibly through the former you may be able to locate local solicitor with leaseholder expertise.
https://www.lease-advice.org
thecremeegg said:
Jack ketch said:
Breadvan. Thanks for the reply. Possibly something for me to propose at the forthcoming meeting, if we fail to come to an agreement. I have some information from websites; however, I am acutely aware that the ‘web’ can be a faux amis. Cost still remains an unknown but I will ask a ‘mediator’.
Randlemarcu. Don’t lose your head over the name, Rick is my ‘family’ nomenaclature.
Rick
He meant the "Sent from ipad" thing - you had to have typed it?Randlemarcu. Don’t lose your head over the name, Rick is my ‘family’ nomenaclature.
Rick
Evening.
May I suggest having a look at the management company's contract. If it requires you to pay more than £100 pa and lasts for more than 12 months then it is a Long Term Qualifying Agreement and is subject to statutory consultation with the leaseholders. Failure to consult limits the amount that can be recovered from each leaseholder to £100 pa. The Leasehold Advisory Service website has more details. See:
https://www.lease-advice.org/advice-guide/section-...
May I suggest having a look at the management company's contract. If it requires you to pay more than £100 pa and lasts for more than 12 months then it is a Long Term Qualifying Agreement and is subject to statutory consultation with the leaseholders. Failure to consult limits the amount that can be recovered from each leaseholder to £100 pa. The Leasehold Advisory Service website has more details. See:
https://www.lease-advice.org/advice-guide/section-...
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