Q: Out of Time

Out of Time Q: I have been made aware that the 2013 service charge accounts for our block included a charge for professional fees which prima facia were not an eligible service charge cost. Can we make a claim against the then management company (our RTM only happened last year) for reimbursement of our share or are we out of time? FPRA Chairman Bob Smytherman replies: I suspect this may be difficult unless you can prove wrongdoing to a tribunal. Professional fees would usually be a reasonable service charge expense and therefore you would need to persuade a tribunal why this is not so in this case. It may also be that the claim would need to be made against the landlord if the agents were just acting on their instruction. If you require a fuller answer and review in to this for you please supply us with more details about the arrangement and we can get a specialist lawyer to look in to this for you further. [Submitted March 2019]

Q: Out of Time

Out of Time Q: I have been made aware that the 2013 service charge accounts for our block included a charge for professional fees which prima facia were not an eligible service charge cost. Can we make a claim against the then management company (our RTM only happened last year) for reimbursement of our share or are we out of time? FPRA Chairman Bob Smytherman replies: I suspect this may be difficult unless you can prove wrongdoing to a tribunal. Professional fees would usually be a reasonable service charge expense and therefore you would need to persuade a tribunal why this is not so in this case. It may also be that the claim would need to be made against the landlord if the agents were just acting on their instruction. If you require a fuller answer and review in to this for you please supply us with more details about the arrangement and we can get a specialist lawyer to look in to this for you further. [Submitted March 2019]

Question 1

Out of Time

Accepted Answer

Out of Time Q: I have been made aware that the 2013 service charge accounts for our block included a charge for professional fees which prima facia were not an eligible service charge cost. Can we make a claim against the then management company (our RTM only happened last year) for reimbursement of our share or are we out of time? FPRA Chairman Bob Smytherman replies: I suspect this may be difficult unless you can prove wrongdoing to a tribunal. Professional fees would usually be a reasonable service charge expense and therefore you would need to persuade a tribunal why this is not so in this case. It may also be that the claim would need to be made against the landlord if the agents were just acting on their instruction. If you require a fuller answer and review in to this for you please supply us with more details about the arrangement and we can get a specialist lawyer to look in to this for you further. [Submitted March 2019]

Question 2

Out of Time

Accepted Answer

Out of Time Q: I have been made aware that the 2013 service charge accounts for our block included a charge for professional fees which prima facia were not an eligible service charge cost. Can we make a claim against the then management company (our RTM only happened last year) for reimbursement of our share or are we out of time? FPRA Chairman Bob Smytherman replies: I suspect this may be difficult unless you can prove wrongdoing to a tribunal. Professional fees would usually be a reasonable service charge expense and therefore you would need to persuade a tribunal why this is not so in this case. It may also be that the claim would need to be made against the landlord if the agents were just acting on their instruction. If you require a fuller answer and review in to this for you please supply us with more details about the arrangement and we can get a specialist lawyer to look in to this for you further. [Submitted March 2019]

Out of Time

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