Hi. Sorry, this is a bit of a long one to give the background!
I am a recent buyer of a top floor flat in a three-story plus basement converted house - four flats total, one per floor. Each flat has a 1/4 share in the management company, which owns the freehold. Currently 3 of the 4 leaseholders are directors, and one of the flats is up for sale.
There is a bunch of work that needs to be done (I would say urgently), all covered as freeholders responsibility in the lease:
1) The roof needs repair on the order of £8-12,000 as it is leaking - to the point of entering my flat and damaging plaster etc. I have solicited four quotes. The roof is in a poor state, and the causes are multiple, such that it seems a majority of the works stated in the quotes needs to be done if the leaks are to be stopped and the roof to be left in a satisfactory condition.
2) Some work needs to be done on the 1st and 2nd floor window heads as these are sandstone, poorly maintained, and occasionally chunks of the masonry fall to the pavement below, endangering passers by and cars. Currently procuring estimates, but I figure about £1,000 to £1,500.
3) Electrics in the communal hallway need to be fixed as some of the lights / switches do not work and at night it is pitch black and a H&S risk. (Other flats are also storing things in the landings, and continually making and leaving much mess - explicitly prohibited in the lease, and potentially a H&S risk - but I don't think I want to bang this particular drum right now.)
I have had a struggle with getting other leaseholders to listen or agree to meet up to resolve the roof issue - they have stalled, been no shows, etc previously. I have written (email) multiple times to explain the problems, that I have consulted a roofer friend who doesn't live in my city (so no funny stuff with contracting him!) to help me understand the problem, taking and sending links to pictures of the problems etc, before getting in touch with roofing firms locally. I have tried to explain how a leaking roof can cause much more liabilities in the form of substantial structural issues. I have also attempted to make clear the the management companies obligations vis-a-vis the lease, etc. and have given references to ARMA / Leaseholders Advisory Service, etc. all to no avail.
However, after a few months of this, I wrote an email threatening to take the matter to court if the matter wasn't resolved, which resulted in us having a (rather hostile) meeting a couple of days ago.
The outcome of the meeting was basically that:
1) Everyone agreed that the roof needed fixing.
2) They (other 3 leaseholders) insisted that while the problem was one of the building, it predominantly affected me. Because of this, and off the back off me buying the flat "knowing the roof was in a poor state", I should pay proportionately more. They stated they didn't care for the lease, and that as they saw it, I had no recourse but to compromise. Incidentally, I think deviating from the lease is risky as setting a precedent for the future, etc., so I think that compromising on the share of costs is probably not a reasonable option.
3) That if we did come to an agreement on who paid what percentage, that the work should be contracted out to a cheaper (read: cowboy) firm that would carry out only 'urgent' repairs.
4) I offered to get a surveyor involved (I had prior to the meeting contacted some listed on the Leasehold advisory service and they quoted £200+VAT for a roof survey detailing work needed). However, all other leaseholders were against this, stating that it was an unnecessary cost and that a surveyor would claim more work than necessary was required (!!!).
I have been in touch with Leaseholders Advisory Service and they suggested options which include: applying to the LVT; taking the matter to court; seeking mediation.
As I see it, right now, the actions avilable to me are:
- Write some written resolution(s) to send to the management company (and other leaseholders) regarding the work that needs to be carried out. Giving them the necessary 28days to respond/agree. I figure that this will at least create a formal paper trail of their non-compliance for any subsequent actions.
Failing that having an effect, then (not necessarily in order):
- Seeking out mediation possibilities (I need to look into this some more, as it was something I hadn't been aware of or considered), as if escalation can be avoided, this would be ideal all around. I really think part of the situation is caused by the other lease holders lacking familiarity with the legal implications of the situation, and the (financial) consequences to themselves should I be forced to go through with more formal actions.
- Take the matter to the LVT to get a managing agent appointed, in the first instance sending a "preliminary notice" stating in detail the reasons why I intend to pursue the application.
- Take the matter to court, seeking a judgement that mandates the repairs being carried out. Again, in the first instance getting a solicitor to send a warning before actually going through with this.
So my questions (finally!) are:
1) Any suggestions regarding the options I've just stated or additional avenues to pursue? Do I seem to have a valid understanding of the situation and options available?
2) How to draft the resolution: As far as I understand, the reasonable thing to do is to follow a Section 20 process, so that the costs can be recovered by service charge. Can the resolution just state the nature of the problem, the work required, and the solution proposed: follow a S20 process, get work done by appointed contractors.
3) Were such a resolution to be agreed to, would it require everyone's consent at each stage of the S20 process via additional resolutions? Or once the S20 process was agreed to, could I perform the actions specified in the process, sending out the various notices?
4) My lease document mentions that that the landlord should keep an account of costs/charges/expenses incurred by carrying out its obligations, prepared by a "competent account or surveyor". Need any draft resolution state therefore that a surveyor will be approached to consult and oversee the process?
5) If I go down the route of making an application to the LVT, and have taken actions like proposing the resolution above, and can demonstrate there is indeed a problem that needs repairing, is it likely to be a successful application?
6) If an outcome is getting the LVT to appoint an agent, might that risk a situation where the agent didn't actually perform their duties? For such a small number of flats, we might be restricted in agents who would want to take us on? Or should any ARMA agent be reasonably competent?
7) If it gets as far as agreeing to do the work, how to ensure it's agreed to be done by a reputable firm and not some cheaper cowboys?
8) I want to seek "specialist legal advice" as suggested elsewhere in these forums for vaguely similar situations. Any advice on how to go about finding someone experienced and competent (I'm in Bristol). And, is this kind of thing open to legal aid of some sort?
Prior to coming across this forum, I posted a related question on another forum - before the meeting and when I was a bit more naive to the legalities of (and my options in) the situation! I appreciate that any action taken against the management company is in some sense against myself, but I figure the costs of doing so are probably worth it in the long run to make sure things run (more) smoothly from here on out.
Thanks in advance!!
I am a recent buyer of a top floor flat in a three-story plus basement converted house - four flats total, one per floor. Each flat has a 1/4 share in the management company, which owns the freehold. Currently 3 of the 4 leaseholders are directors, and one of the flats is up for sale.
There is a bunch of work that needs to be done (I would say urgently), all covered as freeholders responsibility in the lease:
1) The roof needs repair on the order of £8-12,000 as it is leaking - to the point of entering my flat and damaging plaster etc. I have solicited four quotes. The roof is in a poor state, and the causes are multiple, such that it seems a majority of the works stated in the quotes needs to be done if the leaks are to be stopped and the roof to be left in a satisfactory condition.
2) Some work needs to be done on the 1st and 2nd floor window heads as these are sandstone, poorly maintained, and occasionally chunks of the masonry fall to the pavement below, endangering passers by and cars. Currently procuring estimates, but I figure about £1,000 to £1,500.
3) Electrics in the communal hallway need to be fixed as some of the lights / switches do not work and at night it is pitch black and a H&S risk. (Other flats are also storing things in the landings, and continually making and leaving much mess - explicitly prohibited in the lease, and potentially a H&S risk - but I don't think I want to bang this particular drum right now.)
I have had a struggle with getting other leaseholders to listen or agree to meet up to resolve the roof issue - they have stalled, been no shows, etc previously. I have written (email) multiple times to explain the problems, that I have consulted a roofer friend who doesn't live in my city (so no funny stuff with contracting him!) to help me understand the problem, taking and sending links to pictures of the problems etc, before getting in touch with roofing firms locally. I have tried to explain how a leaking roof can cause much more liabilities in the form of substantial structural issues. I have also attempted to make clear the the management companies obligations vis-a-vis the lease, etc. and have given references to ARMA / Leaseholders Advisory Service, etc. all to no avail.
However, after a few months of this, I wrote an email threatening to take the matter to court if the matter wasn't resolved, which resulted in us having a (rather hostile) meeting a couple of days ago.
The outcome of the meeting was basically that:
1) Everyone agreed that the roof needed fixing.
2) They (other 3 leaseholders) insisted that while the problem was one of the building, it predominantly affected me. Because of this, and off the back off me buying the flat "knowing the roof was in a poor state", I should pay proportionately more. They stated they didn't care for the lease, and that as they saw it, I had no recourse but to compromise. Incidentally, I think deviating from the lease is risky as setting a precedent for the future, etc., so I think that compromising on the share of costs is probably not a reasonable option.
3) That if we did come to an agreement on who paid what percentage, that the work should be contracted out to a cheaper (read: cowboy) firm that would carry out only 'urgent' repairs.
4) I offered to get a surveyor involved (I had prior to the meeting contacted some listed on the Leasehold advisory service and they quoted £200+VAT for a roof survey detailing work needed). However, all other leaseholders were against this, stating that it was an unnecessary cost and that a surveyor would claim more work than necessary was required (!!!).
I have been in touch with Leaseholders Advisory Service and they suggested options which include: applying to the LVT; taking the matter to court; seeking mediation.
As I see it, right now, the actions avilable to me are:
- Write some written resolution(s) to send to the management company (and other leaseholders) regarding the work that needs to be carried out. Giving them the necessary 28days to respond/agree. I figure that this will at least create a formal paper trail of their non-compliance for any subsequent actions.
Failing that having an effect, then (not necessarily in order):
- Seeking out mediation possibilities (I need to look into this some more, as it was something I hadn't been aware of or considered), as if escalation can be avoided, this would be ideal all around. I really think part of the situation is caused by the other lease holders lacking familiarity with the legal implications of the situation, and the (financial) consequences to themselves should I be forced to go through with more formal actions.
- Take the matter to the LVT to get a managing agent appointed, in the first instance sending a "preliminary notice" stating in detail the reasons why I intend to pursue the application.
- Take the matter to court, seeking a judgement that mandates the repairs being carried out. Again, in the first instance getting a solicitor to send a warning before actually going through with this.
So my questions (finally!) are:
1) Any suggestions regarding the options I've just stated or additional avenues to pursue? Do I seem to have a valid understanding of the situation and options available?
2) How to draft the resolution: As far as I understand, the reasonable thing to do is to follow a Section 20 process, so that the costs can be recovered by service charge. Can the resolution just state the nature of the problem, the work required, and the solution proposed: follow a S20 process, get work done by appointed contractors.
3) Were such a resolution to be agreed to, would it require everyone's consent at each stage of the S20 process via additional resolutions? Or once the S20 process was agreed to, could I perform the actions specified in the process, sending out the various notices?
4) My lease document mentions that that the landlord should keep an account of costs/charges/expenses incurred by carrying out its obligations, prepared by a "competent account or surveyor". Need any draft resolution state therefore that a surveyor will be approached to consult and oversee the process?
5) If I go down the route of making an application to the LVT, and have taken actions like proposing the resolution above, and can demonstrate there is indeed a problem that needs repairing, is it likely to be a successful application?
6) If an outcome is getting the LVT to appoint an agent, might that risk a situation where the agent didn't actually perform their duties? For such a small number of flats, we might be restricted in agents who would want to take us on? Or should any ARMA agent be reasonably competent?
7) If it gets as far as agreeing to do the work, how to ensure it's agreed to be done by a reputable firm and not some cheaper cowboys?
8) I want to seek "specialist legal advice" as suggested elsewhere in these forums for vaguely similar situations. Any advice on how to go about finding someone experienced and competent (I'm in Bristol). And, is this kind of thing open to legal aid of some sort?
Prior to coming across this forum, I posted a related question on another forum - before the meeting and when I was a bit more naive to the legalities of (and my options in) the situation! I appreciate that any action taken against the management company is in some sense against myself, but I figure the costs of doing so are probably worth it in the long run to make sure things run (more) smoothly from here on out.
Thanks in advance!!