Rental flat with water ingress, how can I speed up section 20?

Rental flat with water ingress, how can I speed up section 20?

0:04 AM, 31st October 2023, About 6 months ago 14

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Hello all, I’m hoping that someone can help with this matter. Our grand floor flat in a building of 7 flats has an issue with water ingress that has spread from the front corner of the property along a wall that is now making the bedroom uninhabitable.

The building’s property management company is siting section 20 and has given notice – the timeframe is more than three months from now.

Due to section 20, my question is how can I force them to start work sooner?

They are telling me that the account has the funds to start the work but it is section 20 that I believe is causing the delay.

Many thanks,

Matt


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Comments

Judith Wordsworth

9:38 AM, 31st October 2023, About 6 months ago

Surely a s20 is the notice of intended works?
Is it a failed damp proof course? eg water rising ground up?

A s20 requires a certain number of quotes then I chosen. If funds are in the maintenance kitty suggest a s20 opt out to get works underway with the chosen/preferred contractor. Trouble is that contractors may not have an immediate slot and need booking in.

Stephen Thompson

14:30 PM, 31st October 2023, About 6 months ago

There are two parts to a s20, part a, notice of intention, and part b statement of estimates, (minimum two) and each part is a minimum of 30 days, so 60 days in total. You/they could apply to the First Tier Tribunal for dispensation from s20 consultation, this is called a s20za and is granted by the tribunal under certain circumstances. The only problem is that it might not even be seen by the tribunal until after the consultation period has ended anyway.

Stella

14:48 PM, 31st October 2023, About 6 months ago

Reply to the comment left by Stephen Thompson at 31/10/2023 - 14:30
Please correct me if I am wrong

I understand that if the leaseholders bill is less than £250 the work can be done without the need for a section 20 notice.
Surely this section 20 notice needs an overhaul if there is not an easy way of dealing with emergency situations.

Adrian Alderton

14:54 PM, 31st October 2023, About 6 months ago

Above process is correct, however my understanding is that there will be a clause in the management contract for emergency works. This may just be a temporary fix prior to full works under normal process. Ask company if they can do even temp works on this basis as property become uninhabitable.

Stephen Thompson

15:09 PM, 31st October 2023, About 6 months ago

Reply to the comment left by Stella at 31/10/2023 - 14:48
It is correct that s20 only applies to work involving expenditure over £250 per leaseholder inc vat, or agreements longer than 12 months in excess of £100. No clause in the management agreement can override a statutory requirement like s20. The potential consequences of not following the correct procedures are that the Management company can not collect more than £250 inc vat per leaseholder.

Stella

15:36 PM, 31st October 2023, About 6 months ago

Reply to the comment left by Stephen Thompson at 31/10/2023 - 15:09
Thanks Stephen
When you refer to agreements longer than 12 months presumably you mean long leases in which case the maximum that could be claimed from the leaseholder would only be £100 otherwise section 20 notices would be required.

Stephen Thompson

16:23 PM, 31st October 2023, About 6 months ago

Hi Stella, no i refer to a qualifying long term agreement where the contribution from any one leaseholder exceeds £100 in any financial year. For example this is why the management agreement is usually for one year minus a day.

Stella

16:38 PM, 31st October 2023, About 6 months ago

Reply to the comment left by Stephen Thompson at 31/10/2023 - 16:23
Thank you!

Kizzie

18:17 PM, 31st October 2023, About 6 months ago

I don’t follow previous post. Section 20 consultation process is one of the protections for long residential leaseholders under Landlord & Tenant Act 85 s 18-30 whose service charge contributions are variable not fixed. Variable means service charge overpayments or under payments adjusted annually according to actual annual maintenance costs for items listed in the lease paid to whoever established as the lessor /landlord who enforces the lease to be held in a section 42 trust /client account, not treated as company money.
If it is variable it cannot be limited to an amount. Then It would be fixed and not protected under LTA.

Stephen Thompson

18:43 PM, 31st October 2023, About 6 months ago

Reply to the comment left by Kizzie at 31/10/2023 - 18:17
Hi Kizzie, yes but any expenditure involving any one leaseholder paying more than £250 inc vat must be subject to a s20 consultation.
This has nothing to do with where funds are held (s42 as you say) or any other act under the L&T Act 1985 except for possibly s20za-application for dispensation from s20.
https://www.lease-advice.org/advice-guide/section-20-consultation-private-landlords-resident-management-companies-agents/

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