Solitaire Property Management - Long Post

[haymans74]

Please bear with me as the situation takes a fair bit of explaining.

 

I live in a block of 72 flats built by Barratts. The building is managed by Solitaire Property Management Group.

 

There are several other blocks close by that are also managed by Solitaire.

 

The level of service from Solitaire leaves something to be desired. They are very slow to answer any queries and the quality of cleaning and decoration in the communal areas is poor.

 

We have been in the flat since June 2006 and are the first owners.

 

Last week we received a "summary of audited accounts" which broke down how our service charge was divided up until the year end of Dec 2007.

 

In short, what it showed is that that had estimated our electricity bill to be £5,000 and it was actually £20,000. And they had under estimated our repairs and maintenance by £50,000!!

 

The members of the residents association fail to see where this £50,000 has gone to!

 

As a result of these over spends, we have all been slapped with extra bills and have 14 days to pay them. All the bills vary - ours is fairly minimal at £107. Some people have been asked for £700. They did also send us a summary of rights and obligation.

 

I asked them to provide me with copies of all invoices for repairs and maintenance pertaining to these accounts. They refused to send them to me and said I could only see them if I went to their offices (this is despite them sending the same types of copies to residents of another block they manage previously). I then spoke to the leasehold advisory servie who said that I am legally entitled to ask for copies and they may charge a nominal fee for them but must send them. So I told them that. They said they'd handed it on to their administration department and I would hear back in due course. Three days later, I still haven't heard from them.

 

Most of us have paid the original service charge bill, but haven't yet paid the additional charges.

 

Solitaire's 3 year management term ends in June 2009.

 

In light of all the above I wish to know:

 

1) Despite the fact that we were sent a summary of rights and obligation, can we still with hold payment as we are desputing the charges?

 

2) If we take them to a Leasehold Valuation Tribunal how can we build a case without seeing the invoices for the repairs?

 

3) Is an LVT even worth it? If we do it collectively with some flat owners clubbing together will it cost us much?

 

4) How can we get rid of Solitaire? Is there a way of putting the management of our flats up for tender?

 

 

Many thanks for any advice!

[haymans74]

Secondly. I have to attend a Residents Association Meeting on Tuesday to discuss our options and I have somehow been nominated the person to look into this I want to provide them with the following in a document. Can you run your eyes over it and tell me if there is anything wrong, or anything I should add?

 

Azalea House Home Owners – Legal rights and obligations:

1) We have no legal right to withhold payment from Solitaire. If you do not pay their bill they have every right to charge you a fine and interest on the missed payment as per your lease agreement.

2) We do have a legal right to see all documents and invoices sent to Solitaire in relation to repairs and maintenance for the building. Solitaire must provide these documents by law. They must make them available for us to view at their offices and are also obliged to send us copies if we request them – although they make charge us a nominal fee for those copies. That fee may include photocopying, postage and the wages of the person responsible for sending us the copies for the time it takes them to send them. If they fail to send them to us within six months, we can apply at the County Court for them and they can be fined up to £2,500.

3) We do also have the right to appeal the service charges at a Leasehold Valuation Tribunal.

 

Suggested course of action:

1) All owners must pay their Solitaire bills. When you pay the bill send a letter with the cheque to say you are paying under duress, that you do not accept that the bill is a fair representation of charges and will be applying for a refund in due course. See Appendix A for a template letter.

2) A letter must be sent to Solitaire outlining our dispute with them over the service charges. We must give them 28 days to respond. If they fail to respond or their answer is unsatisfactory we move to stage 3. We are unable to send this letter until they have complied with our request for the invoices relating to repairs and maintenance – they have six months to comply with this request.

3) Application for a Leasehold Valuation Tribunal. Costs will be £????? for the application and the hearing, plus costs for a legal representative if we decide not to represent ourselves. We can apply collectively so that those costs will be split between the number of flats that apply. We need a minimum of 10 flats for a collective application.

 

See Appendix B for a summary of costs. (this appendix is still to be written as I am unsure of costs)

 

 

Appendix A - Template letter to send with your payment to Solitaire.

 

YOUR NAME(S)

FLAT NUMBER,

ADDRESS

 

DATE

 

 

Dear Solitaire Property Management,

Please find enclosed a cheque for full payment of my bill INVOICE NUMBER.

 

Be advised that I pay this bill under duress and without prejudice and am unsatisfied that the charges incurred are fair or a true representation of monies I may owe. I will therefore be requesting a refund in due course.

 

Regards

YOUR SIGNATURE(S)

 

YOUR NAME(S)

[beaufortvale]

Hi haymans74

 

It's nice to see yet another residents that has Solitaire Property Management as their management company - who are disgruntled with the performance of Solitaire.

 

I've found the website TheTruthAboutSolitaire.co.uk - whereby someone has setup a dedicated website to highlight the inaddequaces of Solitaire.

 

Unlike you guys, my underpayment was £43 on 2007's accounts! Although, I was interested to see that Solitaire are contracted to your site until 2009. How did you find out about this?

 

Beaufortvale (Bristol)

[Erell]

Hi

Just to let you know I am a Solitaire resident and I am currently attempting to take over the right to manage which can be legally done.

 

I researched lots of companies that do this but came up with The Leasehold Advice company in Guildford.

 

These have been fantastic, please contact them and use my name if you wish

 

The only way to make Solitare take note is to remove thier Right to Manage.

 

Good Luck

Edited February 5, 2009 by Erell
Still going through change over

[SOU155THERN]

To all Solitaire residents. Just to let you know - I run a drainage maintenance company holding contracts with Solitaire for works at various sites. We are owed a substantial amount of money for works carried out under contract, but for which Solitaire are now saying they had cancelled the relating contracts for. This is not true. They have never cancelled their contracts, they have allowed us to do the work, then refused to pay because they'd 'cancelled our contracts'. I am about to commence legal proceedings against them.

 

So, if any of you are about to 'sack' Solitaire and start up your own property management, please get back to me should you require drain maintenance in the South East/London/Home Counties areas. We already do work for several other 'self managed' tenants associations who've set up as you are about to for the same reasons.

Good luck.

Anne

[flatmanager]

Hi,

can i suggest you also investigate who the freeholder of the building is? Most developers set up a management company and issue shares to all the leaseholders if this is the case then you have the authourity to appont/dismiss managing agents subject to the terms of your contract.If you anyone wants some specific advice e-mail me eamon@wampm.co.uk. I will declare my interest right here we are managing agents but will happily help if we can give advice or tips.cheers

[bellyjm]

:oops:Just wanted to say a huge thank you to WAMPM (www.wAMPM.co.uk) another property management co who are helping us to deal with Solitaire. They are obviously interested in managing our estate instead of Solitaire but are not pushy and seem genuinely concerned of our plight. They have given us a really useful list of questions to pose to David Wilson Homes which I will be doing tomorrow. Will let you know how we get on!!!

[pb1612]

Please sign the No.10 Downing Street Petition calling for the regulation of the unscrupulous uncontrolled property management industry.

 

Property management companies should be held accountable for poor service, shoddy workmanship and overcharging and this could be our chance!*

 

Therefore, if you are fed up with paying extortionate fees to Management Companies for little work, sign the petition today!*

 

Click the following link http://petitions.number10.gov.uk/flatownerhelp/*

 

Thank you to those of you that have already signed the petition, please ask your neighbours to sign it as well.

[pb1612]

Read more about Solitaire, Consensus Business Group, Peverel etc etc

 

Google search words: go petition solitaire

 

Google search words: allagents solitaire

[Joggler]

:oops:Just wanted to say a huge thank you to WAMPM (www.wAMPM.co.uk) another property management co who are helping us to deal with Solitaire. They are obviously interested in managing our estate instead of Solitaire but are not pushy and seem genuinely concerned of our plight. They have given us a really useful list of questions to pose to David Wilson Homes which I will be doing tomorrow. Will let you know how we get on!!!

 

Hi, I am also very concerned what lies ahead for residents on another david wilson home estate in Merseyside,when you refer to a list of questions to pose to DWh can you advise what these are?. I have already written to Solitaire concerning their charges asking for a management fee for the general maintenance and a similar amount for the garage forecourt area. I would appeciate your comments.

[Chiro]

Hi,

 

I own a flat in Redbridge, Southampton that I let out. This I bought as my pension investment. It is managed by Solitaire/Peverel/Consensus group. They issued an insurance policy document photocopy last year and their own costs for insurance through one of their owned company brokers Kingsborough. The difference was £4,600.00. I have queried this but yet to receive an answer.

 

They also did not finish the decoration work to the flats and had painted primer on the edges of the front door. This was in 2005. I held back part of the service charge in 2008 until the work was finished. They never finished it so I got my own cotractor. That was 3 1/2 years later & many phone calls & letters. They refuse to give full names when asked who is answering the call unless it's a temp worker. They had not finished the work but instead threatened court action. I went to court with my documents last year and they did not even show up.

 

I had my costs awarded and the amount of the dispute was ruled in my favour. I had asked for copies of their accounts in full but this was never sent to the court or to me.

 

This year they have asked for service charges, plus what they had ruled against them last year and another £63.55 with no refernce to what that is for except the comment 'brought forward' by it. I have written to them stating to show me the accounts as there accounting is somewhat ficticious and they have gone against the court ruling of 3 months ago. I have said I am willing to return to the courts again. I also stated that until I receive the copies of the accounts clearly showing the corrections and all other information asked for I will not send a penny. They have messed about for too long. As yet no reply.

 

I find it hard to beleive they have the cheek to go against the court ruling or add additional amounts without reason. I make sure my accounts are paid up and now I am looking into getting them removed from managing the property. This is going to be a fight as the land owner is Estates & Management, which is part of the same outfit.

 

Anyone else with info or looking to rid Solitaire of their flats please help with any info you have. In Redbridge, Southampton I will soon be knocking on other flat doors trying to find out who the owner/landlord is in order to start removing this bunch of crooks. I will do my best to keep you all informed on the action.

[Inspiredpm]

Hi, I have been reading through members post's and just wanted to offer some advice. I own my own property management company & I am currently assisting a development terminate the services of Solitaire. The land owner/freeholder is also Estates & Management Limited, therefore it has been a long process however Solitaire should be removed in the next couple of months. Should you need any advice or help in removing Solitaire, please let me know as I would be more than happy to assist.

[pb1612]

hi Inspiredpm

 

How can I contact you?

 

I live in a Solitaire, Peverel, Consensus Group managed estate which consists of 124 properties, 3 block of flats leasehold and several freehold houses.

 

I live in a freehold house and am paying £260 a year (I used to pay £41 10 years ago! It goes up 20% ever year) just to access my house, I live in small drive with little maintenance requires. This drive should have been taken over by the council.

 

Solitaire Peverel are disgusting money making rogues.

 

Solitaire trade under different guises.

[pb1612]

How can I contact you?

[Chiro]

How can I contact you?

 

Have you tried sending a PM? I would try that or wait for a reply to the thread.

[Chiro]

A few months have gone by and I won the court case. J.B. Leitch & Co. were the solicitors representing Solitaire property management. They did not even bother to show up in court. As you can expect the judge was not impressed so 10 minutes later their claim against me for work I had to finish and deducted from the maintenance charges was ruled in my favour. I even got expenses for travelling etc.

 

Now the expenses were forwarded by cheque to me from their solicitors within a few days. No paperwork from Solitaire / Peveral though. That was October 2009. At the beginning of January 2010 I receive the request for maintenance from Solitaire including the amount denied to Solitaire in the court ruling of October 2009. So I write a letter informing them of this and that if it is not corrected I will be invoicing for any future letters, time spent & telephone calls. Two letters back just ignoring this but adding administration charges to money not owed, then a letter stating they have paid the costs to me. This letter was three months after mine to them and they blatantly ignore the amount ruled against them. I have sent another letter with an invoice this time and it will be paid ( I will deduct it from the maintenance as they always ask for service charge reserves which are not yet paid ) asking them to correct the account or I will return to the courts as they are not following the ruling.

 

They really do try it on. Also the main entrance to all the flats now has broken door which does not close any more. Maintenance is somewhat lacking even if the charges are not.

 

I await for the reply from Solitaire. I even got a persons name in the last reply this time, so maybe.....it's a real person.

 

I'll let you know what the reply is.

[NewSAHD]

A few months have gone by and I won the court case.

 

Good news then

 

They really do try it on. Also the main entrance to all the flats now has broken door which does not close any more. Maintenance is somewhat lacking even if the charges are not.

 

I await for the reply from Solitaire. I even got a persons name in the last reply this time, so maybe.....it's a real person.

 

I'll let you know what the reply is.

 

Not so good news then

 

In an earlier post you said "I will soon be knocking on other flat doors..."

No offence to you, as you are clearly fighting your corner, but apathy amongst a majority of leaseholders will continue to cause you grief - and time and money.

 

Is an initial, polite (and non-libelous!) round robin to each flat now worth a punt?

[Chiro]

Yes I think you are right. I have been drafting a letter for the flat owners. As Estates & Management are the freeholders I do not want to just post this through the letter box and it get straight back to the Consensus group / Peverel / Solitaire. I intend to knock on each door and ask if they are the owner or if they would not mind giving me the owners name & address so I can post it direct.

 

I'm hoping all flats leaseholds are nothing to do with Solitaire so I can present what I have with a proposal to the owners with the differences in maintenance costs. This year there was no buildings insurance in place for two months. I found out when asking for a copy of the certificate this year. When it was eventually supplied the date of expiry from the last one to this new starting one was two months. Also the policy price is on it and we have been charged nearly 25% more again.

 

I have the name and address of one other flat owner who also expressed her anger in the charges so I hope there is a good chance to get more than 50% to agree to wanting them removed as managing agents.

[NewSAHD]

Chiro, have just skimmed your earlier posts, you don't appear to say how many flats there in your development?

 

I ask as (depending on how strongly you feel about all this) you could always consider checking each flat address at Land Registry https://www.landregistry.gov.uk/wps/portal/Property_Search - £4 a pop will give you the owner's name, even if you later find out they sub-let.

 

If you can get a small group of leaseholders such as yourself to start organising this you could share the cost too, perhaps. Just have to weigh this up against how many doors you may need to knock on and the time that that may take too.

 

That said, a nicely worded round robin may get people coming to you, especially if you offer them the chance to comment "online" at something trouble-free like, say, an invitation-only yahoo group. Free and easy to organise too, but, doubtless, there are lots of other ways too.

 

An extra benefit, perhaps, is that you then do not have to communicate too much to the Agent just yet as to what you are discussing...

 

You would need to have them contact you with their flat number and whether they are a leaseholder (owner), or tenant as well. Personally, if you want to know what is really going on the block, let tenants have their say too on the general day to day running of the block - you will then get to quickly know what is really happening (or not) on site

 

Once a small group of leaseholders are galvanised in to action it's amazing what you can achieve!

 

If you should like to PM the draft letter/round robin to me I would be more than happy to give some input - and, no, I'm not touting for business, I offer the same in the spirit of CAG

Edited April 13, 2010 by NewSAHD
added the para: An extra benefit, perhaps...

[NewSAHD]

ps I meant to add that removing the existing agent may take some time, but tackling them now (and tackling them hard too) can start almost immediately.

 

So, good luck!

[tomwm]

Im looking to buy a property, as part of shared ownership, in almost the exact same circumstances as you i.e. large estate, some flats, some houses. We are looking at a house which is technically freehold but we are entering into a leashold agreement with L&Q who are the housing association with the other half of the shared ownership. Legally we can buy the rest at any time so we become the freeholders.

 

The vendor has told as that last years fees was around 260. Its taken us a long time to get to the bottom of this ridiculous Solitaire issues. Even the solicitors have be lame in finding/providing the right information.

 

We are now haveing very serious thought about entering into this bizzare concoction of legal arrangements. Any advice?

hi Inspiredpm

 

How can I contact you?

 

I live in a Solitaire, Peverel, Consensus Group managed estate which consists of 124 properties, 3 block of flats leasehold and several freehold houses.

 

I live in a freehold house and am paying £260 a year (I used to pay £41 10 years ago! It goes up 20% ever year) just to access my house, I live in small drive with little maintenance requires. This drive should have been taken over by the council.

 

Solitaire Peverel are disgusting money making rogues.

 

Solitaire trade under different guises.

[Chiro]

Hi tomwm.

 

In my opinion it would be worth avoiding anything to do with Solitaire or their parent company. I still have an ongoing dispute with them and trying to remove them from the maintenance but Estates & Management are the ground rent collectors, again part of the Consensus group that are Peverel/Solitaire, and each company making things as difficult as possible.

 

I now only send letters and payment to them by signed for delivery. Despite their constant demands for money, when they get sent only what is owed they don't bank it then try to say it was not sent. However once informed that it was signed for they quickly bank the cheque but still add late charges or admin fees.

 

I am currently still waiting for a reply to my last letter sent in August 2010.

If you can, bail out now. And do any research you can yourself into any property management company as well as your solicitor before buying. Also try asking a few residents in the same area what the management company are like too.

 

It's a sad situation for the current lease owners who are going to find selling their properties more difficult as the actions of this company get wider internet publication. I know I would have stayed well clear and will avoid any further properties where their name pops up on any documents.

[andy1ad]

I really need some advice on Solitaire. I bought a house in 2007 from David Wilson Homes. The house is a freehold, but the garage which sits beneath a coach house is leasehold.

 

My assumption is this puts me into some sort of 'contract' with Solitaire, who have been contacting me for money regarding upkeep of the estate.

 

I never signed anything to say I wanted a property manager, and indeed, this was never highlighted by my solicitor or the salesperson for DWH.

 

I need some help establishing:

 

1. From the limited info above, is it likely I am in a binding contract with Solitaire?

2. If so, how can I get out of it? Can I buy leasehold on garage for example

3. How could I best proceed with complaint against Solicitor and salesperson

 

Many Thanks,

 

Andy

 

PS Bit worried on all this so help is massively appreciated

[Chiro]

Some sort of contract is definitely right. Your solicitor should have advised you of costs such as this and given you a copy of the lease with the terms and conditions. It seems a bit odd that you own the house freehold but the garage is leasehold.

 

Make sure they actually have a right to charge you anything as they will send out demands even when they are not supposed to and many people just pay up without checking it thoroughly.

 

Try to find out who the freeholder of the garage is if you want to obtain the freehold and then be rid of Solitaire. By the way if the freeholder is Freehold Managers Plc or Freehold Managers (Nominees) Ltd, then it's part of the Solitaire. They won't want to sell the freehold as it's a money maker for them, but you will be able to do a RTM (Right To Manage) to remove them from service charges. Not sure what your circumstances are or if this is a communal area and garage and shared with other residents. If so you need 51% or more to want RTM and then serve notice on Solitaire. You need to set this up properly but there are plenty of threads with helpful advice. Also some other management companies are aware of there tactics and willing to help you (for a fee) but far more honest too.

 

Make a complaint directly to your solicitor if you are sure you were not advised of this and you can contact the Law Society too. Good luck.

[NewSAHD]

Hi, started reading through your bits and bobs, but should be very grateful if you could please explain your relationship / ties with CARL (Campaign For The Abolition of Residential Leasehold), if any and if you are willing to do so - although your carlEX name might give some hints, perhaps ?