Property Management Company Complaint
Discussion
I’m dealing with the sale of my mum’s flat after she died in January. The flat has been on the market since March but the market really hasn’t been very good, so far no sale.
One of the Estate Agents called me last week to ask if they could put a For Sale board inside one of the flat windows. I know that generally boards aren’t allowed but as this was to be placed inside the flat and there’s plenty of pedestrian traffic outside I said yes, let’s try it.
Today I took a rather shocking call from a director of the flat’s managing agents. The caller actually ordered me to remove the sign as it apparently breaches the lease. I asked for an email copy of the relevant part of the lease but he refused and just said ‘take it from me the sign is not allowed’. He went on to say that if the sign was not removed he would block any sale by refusing to answer letters/queries from purchasing solicitors. I was highly pissed at the aggression and arrogance of the man and told not to issue threats. He then hung up.
I seem to be dealing Mr A R Sole but can he refuse to deal with queries on a sale?
One of the Estate Agents called me last week to ask if they could put a For Sale board inside one of the flat windows. I know that generally boards aren’t allowed but as this was to be placed inside the flat and there’s plenty of pedestrian traffic outside I said yes, let’s try it.
Today I took a rather shocking call from a director of the flat’s managing agents. The caller actually ordered me to remove the sign as it apparently breaches the lease. I asked for an email copy of the relevant part of the lease but he refused and just said ‘take it from me the sign is not allowed’. He went on to say that if the sign was not removed he would block any sale by refusing to answer letters/queries from purchasing solicitors. I was highly pissed at the aggression and arrogance of the man and told not to issue threats. He then hung up.
I seem to be dealing Mr A R Sole but can he refuse to deal with queries on a sale?
bad company said:
I’m dealing with the sale of my mum’s flat after she died in January. The flat has been on the market since March but the market really hasn’t been very good, so far no sale.
One of the Estate Agents called me last week to ask if they could put a For Sale board inside one of the flat windows. I know that generally boards aren’t allowed but as this was to be placed inside the flat and there’s plenty of pedestrian traffic outside I said yes, let’s try it.
Today I took a rather shocking call from a director of the flat’s managing agents. The caller actually ordered me to remove the sign as it apparently breaches the lease. I asked for an email copy of the relevant part of the lease but he refused and just said ‘take it from me the sign is not allowed’. He went on to say that if the sign was not removed he would block any sale by refusing to answer letters/queries from purchasing solicitors. I was highly pissed at the aggression and arrogance of the man and told not to issue threats. He then hung up.
I seem to be dealing Mr A R Sole but can he refuse to deal with queries on a sale?
he can refuse to respond until a breach of the lease is complied with. or be very very slow in replying. One of the Estate Agents called me last week to ask if they could put a For Sale board inside one of the flat windows. I know that generally boards aren’t allowed but as this was to be placed inside the flat and there’s plenty of pedestrian traffic outside I said yes, let’s try it.
Today I took a rather shocking call from a director of the flat’s managing agents. The caller actually ordered me to remove the sign as it apparently breaches the lease. I asked for an email copy of the relevant part of the lease but he refused and just said ‘take it from me the sign is not allowed’. He went on to say that if the sign was not removed he would block any sale by refusing to answer letters/queries from purchasing solicitors. I was highly pissed at the aggression and arrogance of the man and told not to issue threats. He then hung up.
I seem to be dealing Mr A R Sole but can he refuse to deal with queries on a sale?
if its against the lease best not be in breach of it when selling.
I just drafted the following email:-
Dear Mr XXXX
As you may be aware I am an executor of my late mother’s estate and as such I’m dealing with the sale of the property.
You telephoned my mobile at 16:06 this afternoon. The call was truly shocking and on your part very unprofessional, I have a recording of the threats you made twice regarding the sale of the flat. To be precise you threatened to block any sale by refusing to reply to correspondence from purchasing solicitors.
All I asked for is a copy of the lease so I can see where it says that a for sale sign cannot be placed inside the property window, ‘I can assure you that is the case’ is hardly sufficient for my needs. You then decided to hang up the telephone on me.
Now if you would kindly send me a copy of the relevant lease or part of the lease by email I’m sure this can be resolved amicably.
I would add that your XXXXXXX will no doubt be sending me an invoice for the maintenance charge next month. I’m not obliged to pay these fees until probate is granted although so far I have been doing so from my own funds.
Dear Mr XXXX
As you may be aware I am an executor of my late mother’s estate and as such I’m dealing with the sale of the property.
You telephoned my mobile at 16:06 this afternoon. The call was truly shocking and on your part very unprofessional, I have a recording of the threats you made twice regarding the sale of the flat. To be precise you threatened to block any sale by refusing to reply to correspondence from purchasing solicitors.
All I asked for is a copy of the lease so I can see where it says that a for sale sign cannot be placed inside the property window, ‘I can assure you that is the case’ is hardly sufficient for my needs. You then decided to hang up the telephone on me.
Now if you would kindly send me a copy of the relevant lease or part of the lease by email I’m sure this can be resolved amicably.
I would add that your XXXXXXX will no doubt be sending me an invoice for the maintenance charge next month. I’m not obliged to pay these fees until probate is granted although so far I have been doing so from my own funds.
if you don't pay the maintenance fund then they can instruct solicitors to recover it from you - they may also (as mentioned above) refuse to answer any sol enquiries if you are in breach of the lease.
Why rub them up the wrong way?
its normal that you are not allowed to put up for sale signs and then by you saying you will withhold maintenance then you are waving a rag rag to a bull. You will struggle to exchange without their help.
remove the for sale board
pay the maintenance
all happy and smiles again.
Why rub them up the wrong way?
its normal that you are not allowed to put up for sale signs and then by you saying you will withhold maintenance then you are waving a rag rag to a bull. You will struggle to exchange without their help.
remove the for sale board
pay the maintenance
all happy and smiles again.
Edited by superlightr on Tuesday 7th August 20:10
bad company said:
superlightr said:
if you don't pay the maintenance fund then they can instruct solicitors to recover from you - they may also as mentioned refuse to answer any sol enquiries if you are in breach of the lease.
its normal that you are not allowed to put up for sale signs.
Why am I liable for the maintenance charge when it’s not my flat? its normal that you are not allowed to put up for sale signs.
don't remove the board. I don't care. !
nor will the man agents. they will just make it expensive and difficult for you or your mothers estate whatever.The charge is due to your mothers estate. they most likely wont respond to solicitors enquiries unless they are paid a fee to respond.
If there are also arrears they may not reply until these are cleared as well.
If you are the exec then you will most likely be paying the debts due on the estate.
for sale board are almost certainly not allowed to be put up. is pretty standard.
Jezz man - remove the board. it not hard. you appear to want to fight them.
Just giving my view as how we would deal with a breach of the lease and being messed around with. ignore it if you wish.
Edited by superlightr on Tuesday 7th August 20:19
superlightr said:
bad company said:
superlightr said:
if you don't pay the maintenance fund then they can instruct solicitors to recover from you - they may also as mentioned refuse to answer any sol enquiries if you are in breach of the lease.
its normal that you are not allowed to put up for sale signs.
Why am I liable for the maintenance charge when it’s not my flat? its normal that you are not allowed to put up for sale signs.
don't remove the board. I don't care. !
nor will the man agents. they will just make it expensive and difficult for you or your mothers estate whatever.The charge is due to your mothers estate. they most likely wont respond to solicitors enquiries unless they are paid a fee to respond.
If there are also arrears they may not reply until these are cleared as well.
If you are the exec then you will most likely be paying the debts due on the estate.
Jezz man - remove the board. it not hard. you appear to want to fight them.
Just giving my view as how we would deal with a breach of the lease and being messed around with. ignore it if you wish.
bad company said:
superlightr said:
bad company said:
superlightr said:
if you don't pay the maintenance fund then they can instruct solicitors to recover from you - they may also as mentioned refuse to answer any sol enquiries if you are in breach of the lease.
its normal that you are not allowed to put up for sale signs.
Why am I liable for the maintenance charge when it’s not my flat? its normal that you are not allowed to put up for sale signs.
don't remove the board. I don't care. !
nor will the man agents. they will just make it expensive and difficult for you or your mothers estate whatever.The charge is due to your mothers estate. they most likely wont respond to solicitors enquiries unless they are paid a fee to respond.
If there are also arrears they may not reply until these are cleared as well.
If you are the exec then you will most likely be paying the debts due on the estate.
Jezz man - remove the board. it not hard. you appear to want to fight them.
Just giving my view as how we would deal with a breach of the lease and being messed around with. ignore it if you wish.
The person you are dealing with may not be a professional managing agent but a director doing out of their own good will. So they will dig their heals in even more most likely. By asking him for a copy then you are incurring him in extra work (even if its reasonable to ask for a copy) when the lease will say - no for sale boards anyway.
A board will not make much difference in selling - if its on the main portals at the right price it will sell 100%.
We had fees that could be charged for writing over breaches ie putting up for sale boards and requesting compliance within 14 days or whatever - we didn't charge most times as a quick call/letter would resolve it and we tried to be excellent agents but if it didn't work then we would formally write and make a charge, if still wasn't resolved solicitors would be instructed and a bigger charge would be made etc.
Enquires would be held up or postponed until arrears were paid. its a hold over the leaseholder (or estate) to ensure the outstanding fees/maintenance were paid. Never failed to work even many years later. Paper/accounts have a long memory.
bad company said:
You sound like you have some experience in these matters which is good. Thanks for the advice but I wanted the board to help sell the flat. I don’t want a fight but it is unreasonable to ask for a copy of the relevant part of the lease?
To be brutally honest, Mr RSole has you by the short and curlies if he wishes to. Managing agents are in a position to bugger up sales of properties if they wish with very little comeback. No, it's not right. Yes, it stinks. No, I'm sure you wouldn't do the same if you were in his shoes. Yes, there will (or should) be a copy of the lease in your late mother's effects although you won't have come across it yet. In short, keep the guy sweet and play his game. It is almost certainly prohibited to put a board up as it almost always is for such a block so don't fuss about whether you have seen a copy of the lease or not.
OK, thanks for the help guys. Not what I wanted to hear but hey ho. I drafted the much softer response below. Enough to placate Mr A R Sole?
As you may be aware I am an executor of my late mother’s estate and as such I’m dealing with the sale of the property.
You telephoned my mobile at 16:06 this afternoon. The call was truly shocking. All I asked for is a copy of the lease so I can see where it says that a for sale sign cannot be placed inside the property window.
As you know your XXXXXX. has been invoicing me for the quarterly maintenance charge. As we don’t have probate yet I’ve been paying these charges from my own pocket.
In an effort to diffuse the situation I’m happy to ask the agent to remove the sign. In return I would like you confirm that you will not impede the sale of the flat. Please confirm same and I will arrange for the removal of the sign.
Hopefully this will be an end of the matter.
As you may be aware I am an executor of my late mother’s estate and as such I’m dealing with the sale of the property.
You telephoned my mobile at 16:06 this afternoon. The call was truly shocking. All I asked for is a copy of the lease so I can see where it says that a for sale sign cannot be placed inside the property window.
As you know your XXXXXX. has been invoicing me for the quarterly maintenance charge. As we don’t have probate yet I’ve been paying these charges from my own pocket.
In an effort to diffuse the situation I’m happy to ask the agent to remove the sign. In return I would like you confirm that you will not impede the sale of the flat. Please confirm same and I will arrange for the removal of the sign.
Hopefully this will be an end of the matter.
alfie2244 said:
Still a tad antagonistic to me.....no offence.
+1. As much as it may irk you, I'd be writing something much more along the lines of " I was not aware of the terms regarding the for sale sign in the lease, thank you for bringing this to my attention. I shall ensure that the sign is taken down, and trust that this will allow a smooth sale process".You can never win against
s like this - so best to just move on. OP, I agree that the (likely) Director who phoned you is a total knob.
I disagree that your softer response is antagonistic, I think it’s generally fine, although I would remove the sign FIRST, then ask him to confirm he won’t impede the sale of the flat. Don’t threaten him with the sign at all. I guess this is somewhat antagonistic.
You won’t win against knobs like this. Just try to swallow your pride and accept it for what it is.
Sorry to hear about your mother.
I disagree that your softer response is antagonistic, I think it’s generally fine, although I would remove the sign FIRST, then ask him to confirm he won’t impede the sale of the flat. Don’t threaten him with the sign at all. I guess this is somewhat antagonistic.
You won’t win against knobs like this. Just try to swallow your pride and accept it for what it is.
Sorry to hear about your mother.
I don't reckon for sale boards make much difference these days, personally. In fact, many people selling choose not to have one - I've recently marketed my house (and agreed a sale) and our agent, when asking if we were willing to have a board, said many sellers don't want one because they want to keep their affairs private - i.e. they don't want the neighbours knowing. After all, the first place practically every buyer looks now is on the web (perhaps even every single buyer).
OP, don't wind up the management company, however insufferable the guy who contacted you might have been. You will need their assistance. And if you want a copy of the lease, download it from the Land Registry (£3).
OP, don't wind up the management company, however insufferable the guy who contacted you might have been. You will need their assistance. And if you want a copy of the lease, download it from the Land Registry (£3).
Thanks for the help guys. I’ll ask the agent to remove the offending sign.
Moving on I’ve been paying the quarterly management charge from my own pocket with the intention of reimbursement when the flat sells. Surely I can’t be expected to do this indefinitely. That being the case surely the management firm will want the flat sold to pay their fees which may be in arrears by then ?
Moving on I’ve been paying the quarterly management charge from my own pocket with the intention of reimbursement when the flat sells. Surely I can’t be expected to do this indefinitely. That being the case surely the management firm will want the flat sold to pay their fees which may be in arrears by then ?
I'm a director of a management company.
Remove the sign, pay the charges.
Often these management companies are run by unpaid volunteer residents ( leaseholders/shareholders). They may be grumpy and tired of telling estate agents to stop covering the entrance of buildings with signs ( it can get out of hand very quickly and lots of signs can hinder sales as it can make buildings seem very transient / there is a problem).
No excuse for his behaviour, but trust me, if the Mgmt company drag their heels they can slow your sale to a very very long time and there is nothing you can do. You are reliant on thier communication s with solicitors for sales to go through in a timely manner.
I've seen sales fall through due to delays due to holiday absences of mngmt members.
And your unpaid fees will be recovered from the sale proceeds.
Remove the sign, pay the charges.
Often these management companies are run by unpaid volunteer residents ( leaseholders/shareholders). They may be grumpy and tired of telling estate agents to stop covering the entrance of buildings with signs ( it can get out of hand very quickly and lots of signs can hinder sales as it can make buildings seem very transient / there is a problem).
No excuse for his behaviour, but trust me, if the Mgmt company drag their heels they can slow your sale to a very very long time and there is nothing you can do. You are reliant on thier communication s with solicitors for sales to go through in a timely manner.
I've seen sales fall through due to delays due to holiday absences of mngmt members.
And your unpaid fees will be recovered from the sale proceeds.
RogerDodger said:
I'm a director of a management company.
Remove the sign, pay the charges.
Often these management companies are run by unpaid volunteer residents ( leaseholders/shareholders). They may be grumpy and tired of telling estate agents to stop covering the entrance of buildings with signs ( it can get out of hand very quickly and lots of signs can hinder sales as it can make buildings seem very transient / there is a problem).
No excuse for his behaviour, but trust me, if the Mgmt company drag their heels they can slow your sale to a very very long time and there is nothing you can do. You are reliant on thier communication s with solicitors for sales to go through in a timely manner.
I've seen sales fall through due to delays due to holiday absences of mngmt members.
And your unpaid fees will be recovered from the sale proceeds.
Thanks for the advice. Remove the sign, pay the charges.
Often these management companies are run by unpaid volunteer residents ( leaseholders/shareholders). They may be grumpy and tired of telling estate agents to stop covering the entrance of buildings with signs ( it can get out of hand very quickly and lots of signs can hinder sales as it can make buildings seem very transient / there is a problem).
No excuse for his behaviour, but trust me, if the Mgmt company drag their heels they can slow your sale to a very very long time and there is nothing you can do. You are reliant on thier communication s with solicitors for sales to go through in a timely manner.
I've seen sales fall through due to delays due to holiday absences of mngmt members.
And your unpaid fees will be recovered from the sale proceeds.
This is a ‘professional’ (though not professionally run imo) management company. The management fees are just shy of £1500 per quarter so there’s a limit to how long I can carry on paying. Surely if I don’t they will have to take their fees from the proceeds of the sale?
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