Is Rendall & Rittner overcharging Mallard House SW6 residents

Is managing agent Rendall & Rittner (R&R)overcharging service charges from the Mallard House SW6 London residents?

According to the Mallard House resident lease, In DEFINITIONS & INTERPRETATION, it states VERY CLEARLY:

1(2)(a) The EXPRESSIONS set out in the LEFT-hand column of the PARTICULARS on the First Page of this lease shall have the meanings assigned to them by the RIGHT-hand column of those PARTICULARS all other expressions COMMON to the superior lease and this lease shall have the meanings set out in the superior lease. (Note: Only OTHER Expressions COMMON ….meaning as in Superior lease).

Definition & Interpretation
Definition & Interpretation

So first let’s look at the EXPRESSIONS of the PARTICULARS on the first page of the lease:

Mallard House Lease
Mallard House Lease

So ESTATE means Mallard House   (and not Mallard House plus estate 1a as service charge, charged by R&R)

again BUILDINGS means Mallard House   (and not Mallard House plus estate 1a as service charges charged by R&R)

Premises means Flat no 35 in Mallard House (In this case).

Now 2nd part regarding expressions Common  as per Superior lease: (Service charges falsely claimed on this basis by R&R and confirmed /represented by J B Leitch Solicitor which has one of the worst rating in the UK)

Common as per Superior Lease
Common as per Superior Lease

 

If you look at the map below of Estate 1a & Mallard House (inside J block) there is nothing which is COMMON because both blocks are on opposite sides of the road.

Estate 1A and Mallard House inside J Block Map
Estate 1A and Mallard House inside J Block Map

 

For example, look at expressions common as per Superior lease:

Building Common Parts“: Nothing is common as both blocks are on opposite sides of the road

Communal areas and facilities” again have nothing in common as both block opposite sides of the road. Why shall Mallard House pay for roof gardening of the buildings in Estate 1A? Does it make any sense???

Accessways” again nothing common as both block opposite sides of the road.

So when nothing is common if we look at the map and terminologies in our lease and Superior lease, why have Rendall and Rittner overcharging service charges for the Estate 1a from the Mallard House residents for years?

Around 30 emails were sent to Rendall and Rittner in the last 5 years asking them for clarity about the disputed Service Charges and they failed to reply and kept sending threatening SC demand letters which is a criminal offence.

If the above was not enough they appointed J B Leitch’s solicitor who falsely confirmed and tried to claim the disputed service charges by harassment.