I agree with Anon it is quite complicated however as there are only three properties is should be relatively cheap.
As I said we used the leasehold advice centre http://www.theleaseholdadvicecentre.co.uk ask for Paul Bazin and mention my name if you wish.
BUT why did Solitaire advise you you were due a refund?
You need to call the phone number I gave you and ask what the staus of your account is, just tell them what you have been told reference the refund and the name of your property manager.
If you do not get anywhere then go to the offices and insist you see your property manager

If you have not served notice then you are on dodgy ground so please call Phillip Bazin for some advice

You do not serve the claim notice on Solitaire (or prop mgmtn co) you serve it on the freeholder. Although I accept they are often linked.

The advice on handover of funds is to try to generate your own slush fund to pay to the new managers. You can make a legal claim for a delay in handing over funds – can’t remember whether it’s to the LVT or county court.

There is a legally defined acquisition date determined by the RTM legislation. The outgoing magaing agent is required to handover any cash as soon as reasonably practical after acquisition.

We landed up using a direct access barrister who wrote up our case to the LVT. Within weeks, the freeholder withdrew the counter claim.

There was a lot of paper, but I just downloaded forms from the Leasehold Advisory Service (I think) and then filled in the blanks. Not exactly simple, but only three properties involved.

I have asked for confirmation of acceptance, etc. via recorded post two weeks ago – no reply (plus two unanswered emails). That’s why I feared the process was going to drag on. If they don’t respond, then I can presumably retrieve the funds through the small claims court. There is also an issue about elevated charges for landscaping, but that’s another story.

Interesting that Andy should trumpet “the new management standards introduced throughout the Solitaire business” (on a different thread). Failure to respond to correspondence is trademark Solitaire.

Cheers

Paul

Sorry, if you have not sent your letter ask them for confirmation of acceptance that you took over management on 1/1/2010 and likewise that they relinquished thier responsibility as property managers for your development.

Anything else I can help with let me know.
I am interested to know did you serve notice yourselves on Solitaire as it is quite an undertaking? I saw the paperwork that our advisor had to send together with checking all lessee details.

Fantastic. What a guy!

I’ll get to work on it.

Cheers

Paul

Section 94 of the Common and Leasehold Reform Act 2002 which provides that where the Right to Manage is acquired there is a duty on:

(a) landlord under a lease of the whole or any part of the premises,
(b) party to such a lease otherwise than a landlord or tenant, or
(c) a manager appointed under Part 2 of the 1987 Act in relation to the premises, or any premises containing or contained in the premises
TO PAY THE ACCURED UNCOMMITED SERVICE CHARGES ON THE DATE OF AQUISTION.
The LVT explains this as follows
Where the landlord has collected service charges in advance but not yet spent them all and is holding the remainder in atrust account, he is under an obligation to hand over all the unspent sims to the RTM company. These will not only include unspent charges but any reserve account or sinking fund. This does not require a notice from the RTM company- the legislation requires the landlord to act and to make a payment to the RTM company equal to those uncommited sums held by him on the aquistion date or “as soon after that date as is reasonably practicable”
The amount to be paid is the sum of:

# monies paid by the leaseholders as service charges; PLUS
# monies invested from service charge payments (and any interest); LESS
#the landlord’s outgoings on the provision of services up to the acquistion date.

I think three months notice iis reasonable practicable to wind things up as long as the property manager informs the accounts department!!!

Quote the law in your letter it helps no end

Jon

The first thing you need to do is ask for an account balance from the date you served notice which should be 4 months from your take over date (3 months plus the month Solitaire had to reply and appeal)1st October.
When you took over You had a right to recieve copies of all bank statements, invoices and individuals service charge accounts. Did you ask for these?
If not that is your first step and you need to address this to

Estates Accounts Team Leader
Peverel OM LTD
Wigmore Lane
Luton

I am not sure of the postcode as I do not have any Correspondece with me.
I am not allowed to give you the Team leaders name but the direct number is 01582 393709 or Admin can give you my e mail.
Send the letter recorded delivery, give them 2 days then ring.

All outstanding bills should have been paid and the account should now be awaiting funds to be paid.But please get together and check everything.
The three months before handover is the time Solitaire have to finalise accounts and the law states that remaining funds have to be handed over, on or as soon as possible after the handover date.
I will dig out the law and get it to you.
Dont forget you will also be owed interest even if it is only a penny.

Bye for now

Jon

Solitaire did have the decency to inform us that a refund of several hundred pounds would be due, but I suspect it is going to be a long haul as we have heard nothing. If Jon Dyson could point us in the right direction, we would all be very grateful. Could save us a lot of time and effort.
Also I think it would be nice to have an acknowledgement from Solitaire that we are now running the show, as they continued to send management charge demand. Is that too much to ask?

Thanks

We are currently having a lot of trouble with County Estates (part of Peverel) and are trying to get them out but we don’t know how to go about it. A lot of the flats are owned by receviers (as they have been reposessed) so I’m not sure whether we can get an RTE. Is it possible that we can just change managing agents and does anyone please have advice

Many thanks
Jemma