It’s Oh So Quiet… Shhh Shhh…
By admin | July 21st, 2010 | Category: Past Articles | 10 commentsMany contributors have noted that ‘Andy’ (Solitaire / Peverel’s Online Feedback Manager) has been awfully quiet of late and we hope that this post will awaken him from his slumber!
Here’s a few of the latest e-mails we’ve received:-
Hi Admin
I wonder if you’d mind posting the following on your wonderful website please?
I own a freehold house on a site which includes leasehold flats and freehold houses, allegedly managed by Solitaire! I’m reliably informed that the flats will be able to instigate the right to manage procedure but the houses won’t be able to as we are freehold.
Has anyone else come across this and if so could they let me know what they did? It’s so frustrating that we own a freehold property and yet are being held to ransom by Solitaire and we don’t even have the right to get rid of them. They can name their price and we are expected to pay! I’m going to raise this with my MP but if anyone has any advice in the meantime then please let me know.
Many thanks
BM
We were copied into the following e-mail sent to Solitaire’s Customer Service and Property Manager CL:-
Hello,
I’ve had no acknowledgement of the attached email which I sent on 1st July except for the auto-response which indicates that
‘Emails of a non-urgent nature will be responded to within the next 10 working days.’
Has anyone read my email?
Has anyone decided that something should be done about the issues I have raised?
Has it been decided that nothing should be done about them?These things are simple to fix. The remaining low level of lighting has created a more threatening and less secure environment for The Dell’s residents and Solitaire have responsibility to fix this before any harm is done.
Regards,
IM
——– Original Message ——–
Subject: Lack of grounds maintenance at The Dell
Date: Thu, 01 Jul 2010 13:22:10 +0100
From: IM
To: customerservices@solitairepm.co.uk, CL <CL.propertymanager@solitairepm.co.uk>
Hello,I’d like to bring to your attention that the grounds maintenance at The Dell, Southampton has been sorely neglected and request that you take action.
1. around half of the lights in the garden area in the centre of the development are not working again. This represents a safety and security issue for the residents and their visitors. Some of the light fittings are broken and this creates an extra hazard for children. I assume that Solitaire would be liable if anyone was to come to harm because of these problems.
2. the general upkeep has been neglected. In addition to the ever worsening state of the lawns that I discussed with CL a year ago, weeds are growing in the paving and in the gravelled areas in the garden. I attach some photographs in support of this.
I will gladly help point out the issues if the property manager was to visit the development.
Since the owners of the properties are paying Solitaire for the maintenance and upkeep, I seek your assurances that these issues will be addressed in the very near future.
Regards
IM
On a side note, some people may have encountered bounce messages when e-mailing us in the last few weeks. This problem was brought to our attention yesterday and the problem has now been rectified, but only affected certain contributors.
If you did receive one of these messages, please resend your e-mail and we’ll act upon it.
I have just received a glossy brochure from OM. It is headed by the phrase “our service promise to you”.
I have found it to be most informative and very helpful.
It is possible that OM think this brochure will be of more use to us than the occassional posts from Andy.
I can report that the Brochure has come in very “Andy” in filling in the cracks on our brickwork.
Indeed, my only regret, is that when i saw the envelope from OM i assumed it was a copy of our December 2008 ground rent survey!
Might one ask how not showing a copy of the survey, or for that matter never mentioning kingsborough fit with the pledge to “ensure honesty in our approach and be transparent about what we do”?
Michael – RE: Ground Rent, when should a survey be carried out? Is it mandatory? Are there guidelines to Ground Rent? What is a general amount to pay? I am a bit confused to all of this, but I know I am paying Peverel for this too!
Do you have any pointers to some guides on this?
Bushbrother,
The Ground Rent payable will be specified explicitly in the Lease. There maybe a clause where by a revaluation of the Ground Rent can be carried out though again this should be specified either by a given Date or set of Dates or a Term, e.g. every 25 years from the start of the Lease. Or it may be a combination of the two i.e. a first given date (after the Lease started) and then a term thereafter when a revaluation can take place.
As no doubt any revaluation would be another GREAT money spinner for these companies then I would take a good deal of interest in this! Hope that helped?
Thanks Nirmal
Bushbrother,
Nimmal is far quicker than me!
Every lease will be different. However should you lease allow it, a valuation carried out by an RICS surveyor, of which you approve is normal at the specified period.
You must though have been served with a formal notification of the survey and you must have the opportunity to see the survey.
This did not happen on our estate and in some cases the valuation was backdated to the wrong year.
If you are unhappy with any revaluation you can appeal against it, but you must be sensible. ie do not appeal over a tenner!
This may be of interest. Peverel passed the collection of ground rent to E&M. E&M held a valuation on behalf of the freeholder, Peverel. This valuation was carried out in December 2008, which we still have not seen. Peverel the freeholder say they have not seen the survey either. Peverel say their is nothing they can do as E&M are not part of Peverel but part of the consensus group.
If you do have a valuation make sure the surveyor reduces the value for being a peverel managed property!
Michael, Thanks for the extra info – yes I forgot about the formal notification, which is VERY important. Can’t believe that they s-t-i-l-l haven’t sent you a copy of the ‘claimed’ survey on your property! Do you think they actually did one or not? Or are they just trying to fleece you out of more money without justification?! (…nothing new there then!)
REPLY TO BM: Re – freehold houses
I hope this post lands up in correct spot as the messages above don’t seem to answer/are relevant to this point.
Freeholders are not entitled to participate in the RTM process – and if an RTM claim succeeds, then the houses are bound to pay thier service charges to the new property management company. In theory the charges should go down – one reason for invoking the RTM in the first place.
So as a householder what can you do? Well you could take the lead in setting up a Residents’ Association and having it recognised by the freeholder – this is often the first step to establishing interest in the RTM process.
We have about 20 flats, and four houses, two of the houses are residents’ assoc members, but all benefit from the reduced charges we are now paying. So you can agitate, campaign, generate support and help your neighbours in the RTM process, you just can’t be a director or member of the fledgling RTM company.
I know that PPMG companies, are trying to use shared roads, houses as part of a leasehold develpoment etc as grounds to oppose an RTM claim. I also know from our counsel, having successfully challenged a counter notice, and without having to resort to the LVT that there is a lack of case law in this particular area, but not surprising because in legal terms the Commonhold & Leasehold Reform Act is still very new.
As I always say here – pay for the best legal advice your RA/RTM company can afford to make sure the RTM process is followed correctly.
Anon & Admin,
I would be interested in getting hold of the details of your Counsel.
Could you pass to Admin for passing on to me?
Many thanks.
Reply to Archangel:
Details forwarded to Admin
Anon & Admin,
Received with thanks…and with hope of a beneficial outcome!