It is that time of year again when the service charge demands and ground rent demands land on your doormat.
The watchword for leaseholders protection is pay "under protest" and object afterwards.
That way you have taken away any risk of being taken to court for breach of lease.
Unfortunately the court will only rule as to whether the leaseholder has complied with the lease ie paid, or not? The issue of services provided forms no part of any judgement.
There is a major exeption to the "pay and object afterwards".
And that is when a service charge is unlawfully demanded and thus makes it invalid.
Any service charge/ground rent demand must contain specific information to be valid.
It must contain the name and address of the managing agent(freeholder/landlord representative).
It must contain the name and address of the freeholder/landlord on behalf of whom the service/ground rent charge is being collected.
It must contain the amount being charged.
It must contain the date any payment is due.
It must contain a summary of rights.
Without the above any demand is invalid and not payable.
About Peverel has discovered widespread glaring errors in service charge demands that render them invalid. But you need to look closely to spot the errors (Start looking!)
Relating to Firstport Property Services in an increasing number of cases they give the freeholder/landlord as Retirement Care (BH). and yet the freeholder/landlord is given as Proxima GR Properties by Estates & Management in their demand for ground rent?
Firstport Property Services deal with the more "basic" developments and have no involvement with the retirement sector.
So, if Firstport Property Services have given the wrong name of the freeholder/landlord the demand is invalid and not payable?
Clearly they canot even have a management contract if they are carrying out work on behalf of the wrong freeholder/managing agent.
And then we come to the "other" error?
The service charge demand from Firstport Property Services must by law contain the company number that is issued by Companies House.
They give the number as 016231496
Inquiries reveal this number relates to Firstport Bespoke and not Firstport Property Services(company number 02061041)
So we now have a situation where potentially thousands of service charge demands have been sent to leaseholders in the name of the wrong freeholder/landlord and by the wrong company!
