16:18 PM, 4th May 2021, About 5 months ago 5
This is a tricky one – we are a newish development (old offices) of 3 new floors and one existing (residential) on the 4th floor. The 4th floor lease has a clause that excludes them from 1st works to the roof as it was to be provided in good order. Clearly the issue is that it wasn’t, and they are refusing to pay all services charges and have been since 2017 (we have just found this out via the managing agents).
There are many issues of course – the first being why hasn’t the managing agent taken action against the 4th floor, there must be more to it than this. The roof now needs works (5 years from completion of the development, not a new roof – vaulted glass and steel). I’d say that it should have been in good condition on completion for all of us (if it’s good for the 4th floor then surely good for all floors below??) The works needed are more than general maintenance and very expensive needing full scaffolding.
Question – how does a building operate with different leases relating to maintenance (they are exempt for paying for the lift as well, even though they are 4th floor with own fob for the top)?
Why would a managing agent not chase for the service charge? They now say that they have no money for anything in the building (£125,000 down) and will not start a process to produce an ESW1 which is now necessary – there is no cladding – as the regulations keep changing.
The 4th floor say that they have an agreement with the Freeholder having gone to the FTT, the FTT say there is nothing registered there even though we have copies of the application – it is all such a mess.
I can see us all spending a lot of money on getting this dealt with, but surely the lease speaks, the managing agents upholds the lease, and we should all be on the same page. The managing agent has told the NHBC that the works are maintenance, but they are not and are around £250,000 worth, so have effectively shut the door in our faces on that one.
If anyone has a professional person with a very clear mind to work this out for me, I am happy to employ, I just feel a regular solicitor or my original conveyancer will rack up the hours but not get to the bottom of it all.
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