Legal advice please

Ianr

I have PPMS. I live in a building containing four flats. Three are owner occupied and one is rented out by the same people we have a maintenance contract/agreement with. The roof is in need of repair. The maintenance company have given us a quote but it is very high. I found another builder who gave us a much lower quote but the maintenance company said they didn't want to use it even though the other three households want to use the lower quote. I live on the second floor and my mobility is getting really bad but I have no chance of selling the flat and moving to a ground floor flat with the roof repair not being done. Can they not accept a majority? I really am at my wits end. If anyone out there has anything that can help please let me know

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kc1978

Hi,

I assume they hold the freehold of the building? Are you in a 99 year lease hold.

It really depends the terms of your purchase and mortgage agreements when contracts were exchanged it will stipulate who is able to decide, if this is by committee, building owners, how any costs will need to be divided.

All the terms could be different.

Definitely need a solicitor, however you could find one who will review for the three owners.

I am sure the rented flat will not need to contribute - but owner of that flat may.

Why are refusing the lower quote , appears odd to me.

Hope you get a good outcome.

Ianr

Thanks yes it is leasehold. I cannot recall about when we bought the flat. Is there something called a deed of covenant that will have the information? The owner of the rented flat is the maintenance company. The man is a total you know what. Sorry if I am vague the dam MS reacts to any stress and cuases brain fog.

kc1978

Yes , I think that's the details, but again it will all be in.

Definitely if there is any requirements regarding payment for repairs etc, splits, and how decision made be in there.

I would suggest the three owners maybe get one solicitor to review, advise. Save costs, but also to ensure all terms are same etc.

K

kc1978

This is a good site , again it's a general advice, but I think you need to go to the freehold owners.

https://www.springmove.co.uk/repair-responsibilities-for-leasehold-properties/

Ianr

Thank you so much it’s really appreciated

Ianr

Yes you're right he has. Lowest form of life the b××××××

poppy123456

Please note, we can't give legal advice because we are not qualified to do that.

MW123

https://forum.scope.org.uk/discussion/122175/legal-advice-please

Given your mobility issues and the impact that delayed repairs have on your ability to sell your flat, you have a strong case for urging the responsible party to reconsider their decision.

Section 20 of the Landlord and Tenant Act 1985 plays a crucial role in this situation. The high estimate provided by the maintenance company likely constitutes "qualifying works," which would trigger the statutory consultation requirements. In such cases, the landlord is obligated to notify leaseholders, provide detailed cost information, invite alternative contractor proposals, and consider leaseholder feedback.

Even if the consultation process was observed, it could be deemed unreasonable for the landlord to reject a lower quote from a qualified contractor. You and other leaseholders may argue that accepting the lower bid is in the collective best interest.

It may be beneficial for one leaseholder to engage directly with the maintenance company on behalf of all leaseholders. This approach could help resolve any misunderstandings, gather essential information, and potentially negotiate a solution, demonstrating your collective commitment to finding a resolution. Even if an agreement is not reached, such dialogue can clarify the company's stance and inform your subsequent steps, whether that involves further negotiation, seeking legal advice, or initiating a formal dispute through the First-tier Tribunal  (Property Chamber).

Leaseholders are entitled to challenge the costs of repairs and associated service charges before the First-tier Tribunal. This process allows them to contest excessive charges, substandard repairs, or any failure to adhere to proper consultation procedures, ensuring that their rights are protected and that they are treated fairly. Wishing you all the best in achieving a swift resolution to this matter.

This is general advice based on the information you provided. For legal advice tailored to the specific circumstances of your case, I recommend consulting with a solicitor specialising in lease law.