have you thought of managing the complex yourselves? by law you can do this and freeholder cannot object.

All you need to do is get 67% of the tenants/leaseholders to agree.

set up your own management co. and all the management/fees/insurance will be in your control.

see RTM in the leasehold reform act.

This was suggested a long time ago, but getting the numbers could be a problem. Majority of residents are not remotely interested.

We manage the complex, the problem is with the Freeholder.

It is not the cost. VM will not pay anything on principle.

I live in a flat complex of 36 flats. These are leasehold, and the landlords agent is SIMARC.

We are attempting to arrange for VIRGIN MEDIA (VM) to install a broadband and TV cable system in the complex.

(VM) are willing to go ahead, and applied to SIMARC for wayleave permission.

The response from SIMARC: We wish to confirm that we, ourselves, would not be able to sign your agreement on behalf of our clients, the Freeholders without first sending the papers to our client’s solicitors for their comments. We are informed our clients solicitors fees are £250 plus VAT and upon receipt of which together with the Wayleave Agreement payment of £750 we shall then put the matter in hand.

As a consequence of this exorbitant demand, which VM and the residents have no intention of paying the installation of any system has now halted.

Is there any way forward?

SIMARC are notorious for demanding high fees, a lot of info. is available on the www.

Thanks.

I have saved a copy of the lease here:

https://www.dropbox.com/s/k531ydu14q25ev5/THIS%20LEASE.pdf

Only various personel details have been edited.

These are the relevant paragraphs from my lease.

(4) The Lessor has agreed with the Lessee for the sale to him of the property hereinafter

described (being part of the property comprised in the above title) together with the flat

erected thereon at the price of ********* subject to the payment of a yearly rent of

£60.00 hereinafter reserved and the covenants conditions and provisions hereinafter

contained

TO HOLD the demised premises unto the Lessee from the seventh day of September one

thousand nine hundred and eighty one for the term of NINE HUNDRED AND NINETY

NINE YEARS subject to and with the benefit (so far as the Lessor can grant the same) of

the rights privileges easements benefit exceptions and reservations and covenants

contained in a Transfer dated 11th November 1983 and made between Northern Ideal

Homes Limited (1) and the Lessor (2) YIELDING and paying therefore to the Lessor

yearly during the said term the rent of £60.00 to be paid without any deductions in

advance on the 18th of January in every year the first proportionate payment calculated

from the date hereof to be made on the execution hereof.

These are the only paras. that mention G.R.......

Sometimes you can 'force' payment of the GR by paying by standing order/bank transfer into their account if you know the details.

They are wise to this, I did have their original bank details, I tried using them but it was rejected.

It has either to be paid via their www site or cheque.

Thanks again, I have now run out of time, before they set the Legal wolves on me.

I have Rx'd this from Simarc.

Dear Sir

Thank you for your email, the contents of which we note.

We would like to point out that our fees have been found to be reasonable (see HM Courts and Tribunal Service case reference: CAM/00KG/LVA/2013/0001).

If you are in any doubt whatsoever regarding this matter we suggest you seek independent legal advice.

http://www.residential-property.judiciary.gov.uk/Files/2013/June/CAM_00KG_LVA_2013_1_12_Jun_2013_14_21_42.htm

I believe that if I pay, it will be an admission that I am agreeing to their terms.

I can see this is going to be a hard battle, but I have no intention of giving in to their tactics.

P.S. We are self managed, the F.H. only collects G.R.

Once again, thank you for your ongoing advice.

I am awaiting an answer from Simarc, on the legality of their claim for admin charges.

Just had this reply from Simarc.

Dear Sir

Thank you for your email dated 1st April 2014 regarding the above mentioned property.

Firstly, please be advised that your ground rent is £60.00 per annum payable yearly in advance on 18th January each year and this is stated clearly in your Lease.

Please note our fees are determined by the time spent and work undertaken on each separate file. We are not obliged to go into any further details with regards to arrears file preparation as this is work undertaken by Simarc on behalf of the Freeholders.

Furthermore, as the leaseholder of the above property it is your responsibility to ensure that ground rent is paid on the due date or before with accordance to the lease. As you are no doubt aware you have failed to comply with the terms of your lease and as a result the Freeholders, have incurred charges due to late payment and a breach of lease.

You may wish to consider setting up a direct debit for future payments to ensure this problem does not arise again.

We hope this clarifies the matters and look forward to receiving your remittance in the sum of £120.00 within 10 working days.

If you are in any doubt whatsoever regarding this matter we suggest you seek independent legal advice.

In one word.....NO

On the online account page it just states " Total Fee and other charges"

Thanks.

There is no attached schedule......

Probably they just double the actual GR

I have checked my lease, no mention at all Re. admin/ late fees.

Simarc just state: Our processing and other administration costs incurred to date have been added to your

account as per the attached schedule.

I did try to pay the normal G.R. this was rejected.

They will not accept anything less than than double the normal G.R.

Have you looked at your lease re: administration/late payment fees ?

I can only do that when I return to the UK.

I intend to pay only the required G.R.

Possible success??

Dear Sir

Thank you for your email.

I have made a note that you will make payment at the end of this month.

Any reference to mortgage provider is a complete nonsense, as there is not one.

It is now all in limbo, until they make the effort to contact me.

I have a feeling that they never will, hoping that they can increase any extra charges.

Regards.

@andydd Thank you for your informative reply.

I do know who my freeholder is, CAVERNLODGE they have the same directors as the agents SIMARC.

They are well known for intransigent behaviour.

As I mentioned previous, I am out of the UK at present, they have not responded to any of my emails to them.

They have sent a valid demand, the latest on 1 March threatening me with further costs.

"If we do not receive payment in full within 14 days of the date of this letter, we will obtain

details of the leasehold title from Land Registry. This will list other interested parties to the

lease, such as mortgage lenders. We may need to contact such parties to inform them of the

breach in their security. We may also pass this file for further action to our solicitors. This

will involve significant further costs being incurred for which you will be liable."

If you search CAG you will find multiple references to SIMARC.

I cannot pay any amount until I return to the UK later this month, a lot of problems for a mere £60:00

send a cheque to their office. If it is not part of your lease that a penalty or costs can be applied for late payment then the agents cant charge you. they work for the landlord, not themselves.

Thanks, I am out of UK at the moment. I can only use electronic bank transfer.

Simarc are well known for this type of action. Lots of info on the web about them. They act for and own the actual landlord company.

So far have had no response from them.

I feel they will be awkward so as to increase any amount owing.

They usually threaten legal action, then ask for huge legal fees.

I am in the onerous position of having to deal with SIMARC who are the agents for my freeholder.

I missed the payment of ground rent in January of £60:00, I have now received a demand for £120:00 which I believe is unreasonable.

The only method of payment is via the SIMARC web site using credit or debit cards, neither of which I have access to at the moment.

I have emailed SIMARC explaining the situation, but I cannot obtain a reply or any form of communication.

They have also threatened further costs, if I do not pay the full amount within 14 days.

Is there any further steps I could take?

Regards