Figure plucked out of thin air?
The dubious managing agents for the freeholder have issued a ‘Notice for Works.’ They are extensive, requiring scaffolding and remedial work to exterior brickwork etc. I have a month to comment on it.
It is based on a survey they carried out after a flat in the building had water ingress after the recent downpour. Am I within my rights to see that survey and also this notice of works contains no estimate?
Surely we need some protection in case they pull a figure out of thin air, and if it seems too high don’t the leaseholders have an option to bring in an alternative contractor?
Many thanks
Helen
Editor Note: Please see the Leasehold Advisory Service >> https://www.lease-advice.org/faq/what-is-the-section-20-consultation-process-for-major-works/
Please also see the full consultation process >> https://www.lease-advice.org/advice-guide/section-20-consultation-private-landlords-resident-management-companies-agents/
As a leaseholder, you have the right to be consulted if the landlord carries out major works for which you will be asked to pay. This consultation process has three stages:
- First stage – a notice of intention to do the works
- Second stage – notification of estimates obtained by the landlord
- Third stage – notification of award of contract
Detailed information on each of the three stages of consultation can be found by clicking on the links below:
- What should the notice of intention to carry out major works contain?
- What should the notice of estimates for major works contain?
- What should the notification of award of contract for major works contain?
- Section 20 Consultation for Private Landlords, Resident Management Companies and their Agents
- Section 20 Consultation for Council and other public sector landlords
- More Frequently Asked Questions on Section 20 Consultation
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Member Since February 2011 - Comments: 3453 - Articles: 286
8:32 AM, 30th July 2021, About 5 years ago
Hi Helen,
Please see my notes above from the Leasehold Advisory Service.
Member Since June 2021 - Comments: 80
10:30 AM, 30th July 2021, About 5 years ago
Good advice given above
Member Since April 2020 - Comments: 159 - Articles: 1
12:45 PM, 30th July 2021, About 5 years ago
Good advice above from the editor. Well done.
But in any event, the real point on service charge expenditure – including major works – is that the expenditure must be ‘reasonable’. Thus, if the landlord spends money on scaffolding when scaffolding is not needed and/or reasonable – then that can be challenged via the First-tier Tribunal (Property Chamber).
Of course, that is an argument for further down the line. In immediate terms, you and your fellow leaseholders should not miss your chance to respond to the section 20 notices. The landlord is required to ‘have regard’ to the comments made by leaseholders … and therefore YOU MUST make your comments known by replying, in writing, as soon as possible. And encourage your fellow leaseholders to do the same.
Moaning here on property118 is one thing. Moaning directly to your landlord and/or managing agent is far far better.
Keep us posted. Good luck.
P.S. If you message me, I’ll send you a video on section 20 to help you swim through the treacle.
Member Since March 2020 - Comments: 184
10:04 PM, 3rd August 2021, About 5 years ago
Thank you for the above advice. The feed went into my junk folder and luckily I just found it. so I am sorry for the delay in my response.