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 7 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

Kizzie

21:01 PM, 31st October 2023, About 7 months ago

Hi Stephen
Fixed charges are not service charges where a term in the lease imposed a charge that does not vary according to a relevant cost is not service charge and does not benefit from reasonableness requirement.
It depends on what is in the lease and the terms in the lease is to be given it’s natural meaning (Arnold v Britton)

Stephen Thompson

21:14 PM, 31st October 2023, About 7 months ago

Reply to the comment left by Kizzie at 31/10/2023 - 21:01
Kizzie, it is pointless to continue the conversation because you are talking about something different. I am simply replying to the original question regarding the requirement for a s20 consultation and the time frame involved.

Kizzie

22:22 PM, 31st October 2023, About 7 months ago

Stephen
The original poster appears to misunderstand the nature of section 20 LTA 1985.
What I am clarifying is that if the poster’s lease imposes a charge that does not vary then it is not service charge and Section 20 LTA 1985 does not apply.

Lease Boffin.

18:14 PM, 1st November 2023, About 7 months ago

The Landlord's Agent could make an application for Dispensation to consult under Section- a Section 20Za. The works can be started immediately.
A section 20Za may be applied for as long as
1. The works are so urgent and prompt timing is of the essence.
2. In the event of a mistake during consultation.
The list is not conclusive.
I will advise that you have a discussion with the Property Manager, to confirm that this will be an adequate remedy.

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