Objections to Notice of Estimates for major works

by Property 118

10:39 AM, 11th March 2019
About A week ago

Objections to Notice of Estimates for major works

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Objections to Notice of Estimates for major works

I am a leaseholder and we have a Section 20 major works project with 2 plans, one of which is much cheaper.

It is not essential works either, but now we have a price. If a resident objects to the cost is that enough to stop the more expensive project? Am I right in saying this is based upon objections and not a voting ratio?

The managing agent have told us they will default to the expensive project (with higher fees) for any resident who does not respond. Many owners are absent so this is very convenient for them.

How may we block it and force a compromise with plan B, which also meets the residents needs but is cheaper?

Jon

Editors Notes:

Please see Leasehold Advisory Service >> Click Here

How many notices must be served?

Landlords may have to serve consultation notices on leaseholders at the following three stages in the process of awarding a contract:

  • the pre-tender stage – notice of intention; and
  • the tender stage – notification of landlord’s proposals (estimates); and
  • in some cases, notice of reasons for awarding the contract.

Click Here:

If there is a dispute about whether or not your landlord has acted in accordance with the Section 20 consultation process, where required to do so, the matter can be referred to the First-tier Tribunal (Property Chamber) for a determination. Please note that dispensation from the consultation process can be granted retrospectively by the Tribunal.

In cases where the landlord is not required to use the consultation process you still retain the right to challenge the costs if you feel they are unreasonable.

You may require the services of a solicitor, a surveyor or a managing agent.



Comments

Neil Patterson

10:40 AM, 11th March 2019
About A week ago

Hi Jon,

I am not an expert in this area, but the links I have provided above offer far more detail.

Jon D

21:43 PM, 11th March 2019
About A week ago

Thanks. The more expensive option almost wipes out the reserve fund, leaving nothing for contingencies. Are there grounds to block it due to this risk.
The agent is also taking half of their fees at the tender stage. If it doesn't go ahead, may we recover these fees? I see it as no different to a builder giving us a plan, not building the structure but taking substantial fees. Bizarre.


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