RESIDENTS in Astley angry about "unfair" charges levied on their property could help to change the law of property leasehold for tens of thousands of people. The 88 residents of Abbey Road and Tintern Avenue have been fighting a six year battle with their management company. They say that their management fees for communal services shot up after the leasehold on their properties was bought by St Mary's Estates Ltd in Brighton.
The management company acting for St Mary's Estates, David Glass Associates, increased fees four-fold from £122 a year to nearly £500.
It means the residents -- most of whom are pensioners or low-income families -- could not afford to pay.
Resident Brendon Bowen, of Tintern Road, took the management company to The Leasehold Valuation Tribunal in Manchester -- and won.
The tribunal ruled that the fees were too high but because of a loophole in the law, the management company could ignore the judgement.
Other residents have also now also taken the company to the tribunal but it still has not led to a reduction in charges.
Residents say that they are being asked to pay for gardening and maintenance but none has been done for six years.
They also say that buildings insurance being charged by a company linked to St Mary's Estates is more than twice as high as quotes from other insurers.
Residents are also being charged £149.55 for electricity to a street lamp and a communal aerial -- when the local authority and Norweb say it should be less than a quarter of that amount.
The last straw came when they were charged £60 per person for an insurance assessment which they say was not done.
Mr Bowen, aged 60, said: "No maintenance has been done and no lawn cutting.
"The elderly people have had to take out their own building insurance and they are having to eat into their savings
"A lot of people are trying to sell their properties because they are fed up with it."
Residents say they have had no explanations from the management company.
Resident Sharon Cullen, 36, who retired from serving in the Royal Airforce after injuring her back, said: "These property companies are buying up old leasehold leases and then charging whatever they like. They are doing no maintenance, no work. They are charging for all kinds of things."
It has prompted Worsley MP Terry Lewis to press for changes to a bill which is currently going through Parliament.
He believes that more powers should be given to tribunals to be able to force management companies to set realistic fees.
Mr Lewis, who has been involved in trying to get the company to explain its excessive charges since 1997, said:
"The problem is that they are just sticking to the law and there's no future comeback by the lands tribunal if they don't stick to the letter of the judgement. I have been chasing ministers for a long time. I am going to speak to Nick Rainsford the minister for housing to see if anything can be built into the legislation for the people of Astley."
He added: "The problem is the unsatisfactory nature of leaseholds.
"If you have reasonable leaseholders you wouldn't have a problem but the current situation means that official bodies don't have enough teeth to be able to deal with recalcitrant leaseholders."
However he warned the bill would not have time to become law if the General Election was held on May 3.
A BBC television consumer affairs programme, presented by Allan Beswick, have featured the problem after filming at residents' homes.
Residents have refused to pay money to David Glass Associates and several have now received solicitors letters threatening court action.
Company spokesman Vincent Manuel said: "We have about 25,000 leases. Our experience is that to lease 25,000 is an immense task but we try our best. There's always one or two shouting and yelling. "
He insisted that the company had been paying a fee to a local gardener to look after gardens and communal areas. They say that their management fees for communal services shot up after the leasehold on their properties was bought by St Mary's Estates Ltd in Brighton.
The management company acting for St Mary's Estates, David Glass Associates, increased fees four-fold from £122 a year to nearly £500.
It meant the residents -- most of whom are pensioners or low-income families -- could not afford to pay.
Resident Brendon Bowen, of Tintern Avenue, took the management company to The Leasehold Valuation Tribunal in Manchester -- and won.
The tribunal ruled that the fees were too high but because of a loophole in the law, the management company could ignore the judgement.
Other residents have also now also taken the company to the tribunal but it still has not led to a reduction in charges.
Residents say that they are being asked to pay for gardening and maintenance but none has been done for six years.
They also say that buildings insurance being charged by a company linked to St Mary's Estates is more than twice as high as quotes from other insurers.
Residents are also being charged £149.55 for electricity to a street lamp and a communal aerial -- when the local authority and Norweb say it should be less than a quarter of that amount.
The last straw came when they were charged £60 per person for an insurance assessment which they say was not done.
Mr Bowen, aged 60, said: "No maintenance has been done and no lawn cutting.
"The elderly people have had to take out their own building insurance and they are having to eat into their savings
"A lot of people are trying to sell their properties because they are fed up with it."
Residents say they have had no explanations from the management company.
Resident Sharon Cullen, 36, who retired from serving in the Royal Airforce after injuring her back, said: "These property companies are buying up old leasehold leases and then charging whatever they like. They are doing no maintenance, no work. They are charging for all kinds of things."
It has prompted Worsley MP Terry Lewis to press for changes to a bill which is currently going through Parliament.
He believes that more powers should be given to tribunals to be able to force management companies to set realistic fees.
Mr Lewis, who has been involved in trying to get the company to explain its excessive charges since 1997, said:
"The problem is that they are just sticking to the law and there's no future comeback by the lands tribunal if they don't stick to the letter of the judgement. I have been chasing ministers for a long time. I am going to speak to Nick Rainsford the minister for housing to see if anything can be built into the legislation for the people of Astley."
He added: "The problem is the unsatisfactory nature of leaseholds.
"If you have reasonable leaseholders you wouldn't have a problem but the current situation means that official bodies don't have enough teeth to be able to deal with recalcitrant leaseholders."
However he warned the bill would not have time to become law if the General Election was held on May 3.
A BBC television consumer affairs programme, presented by Allan Beswick, has featured the problem after filming at residents' homes.
Residents have refused to pay money to David Glass Associates and several have now received solicitors letters threatening court action.
Company spokesman Vincent Manuel said: "We have about 25,000 leases. Our experience is that to lease 25,000 is an immense task but we try our best. There's always one or two shouting and yelling. "
He insisted that the company had been paying a fee to a local gardener to look after gardens and communal areas.
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