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Help!! Freeholder wants £20k for roof repairs!!

[Deleted User]
[Deleted User] Posts: 0 Newbie
Name Dropper First Anniversary First Post
in House buying, renting & selling
Hi all,

I have received a bill for an estimate of £20k for roof repairs.
This is a leasehold property of 4 flats. I own 2.

I have an online portal for this property and I received an alert this morning. I went to have a look and they are trying to ask me for £7500 towards the service charge and roof repairs and giving me 11 days notice. This company which I wont mention is renowned for buying freeholds and trying it on.(this is based on facts).

I will be receiving a section 20 in the post tomorrow.

I am attempting to find quotes tomorrow from other builders.

In the meantime i was proposing with the other 2 leaseholders to pay the usual ground rent and service charge to keep the upkeep of the building. (£1800 every 6 months)but am not paying the remainder for the roof until such time it is a necessity.There are no leaks ingress of water into the building.

We are going to start the RTM process tomorrow.

If anyone can help with a properly worded letter with my/our proposal and if I can get away with this/stall the process it would be much appreciated.

Any other advice is also gratefully received.

Comments

  • Sir_Robin
    Sir_Robin Posts: 52 Forumite
    First Anniversary First Post
    Why are you protecting these crooks name & shame if you want change,
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Sir_Robin wrote: »
    Why are you protecting these crooks name & shame if you want change,

    I'll name and shame when I get this in line don't worry about that.

    In the meantime I need some advice please.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Photogenic First Post Name Dropper First Anniversary
    https://www.lease-advice.org/
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    Norman_Castle wrote: »
    https://www.lease-advice.org/

    I have been in contact with the leasehold advisory service but I can't get an appointment for a week.
  • da_rule
    da_rule Posts: 3,618 Forumite
    First Post First Anniversary
    Under the Service Charges (Consultation Requirements) (England) Regulations 2003, which are made under s.20 of the Landlord and Tenant Act 1985 a notice must give at least 30 days notice.

    If the landlord is only giving 11 days notice then the notice could be defective and unenforceable. Whether you want to bring this to the attention of the landlord at this stage is entirely up to you. Or just wait until the invoice comes and challenge it then (you might get a new roof without any liability to pay).
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Name Dropper First Anniversary First Post
    da_rule wrote: »
    Under the Service Charges (Consultation Requirements) (England) Regulations 2003, which are made under s.20 of the Landlord and Tenant Act 1985 a notice must give at least 30 days notice.

    If the landlord is only giving 11 days notice then the notice could be defective and unenforceable. Whether you want to bring this to the attention of the landlord at this stage is entirely up to you. Or just wait until the invoice comes and challenge it then (you might get a new roof without any liability to pay).

    If I can just clarify please.The service charges are due twice a year on the 25th March and 25th September.

    At this time I or the other 2 tenants have not received any demand.
    The only reason I know this is due to an online portal from the management company.
    On reading this it states the expenditure with £20k added on for the year.
    There are also pictures of some bits that need replaced.(this is in no way £20k worth.)

    Are you stating that there is a breach as no demand has yet been sent but is due on the 25th March or are you referring to a Section 20 notice which is likely to arrive on my doorstep in the morning.
  • da_rule
    da_rule Posts: 3,618 Forumite
    First Post First Anniversary
    Deleted_User wrote: »
    Are you stating that there is a breach as no demand has yet been sent but is due on the 25th March or are you referring to a Section 20 notice which is likely to arrive on my doorstep in the morning.

    I'm stating that a Section 20 notice, in order to be valid, must give leaseholders at least 28 days to raise representations. If the contractor is due on site after 11 days then you could raise a representation on day 27 and there is no way the freeholder could consider it as they have already commenced the work.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Name Dropper First Anniversary First Post
    edited 14 March 2018 at 11:17PM
    To confirm - given your dates of payment am I right in thinking that you have 11 days notice for the payment of £7500?

    The S20 work isn't actually starting any time soon?

    This might help while you wait for your appointment

    https://www.lease-advice.org/advice-guide/service-charges-other-issues/
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Name Dropper First Anniversary First Post
    NeilCr wrote: »
    To confirm - given your dates of payment am I right in thinking that you have 11 days notice for the payment of £7500?

    The S20 work isn't actually starting any time soon?

    This might help while you wait for your appointment

    https://www.lease-advice.org/advice-guide/service-charges-other-issues/
    I can confirm they are asking for £7500 in 11 days although no demand has been sent yet.This is just on an online portal stating costs for the year. The payment is due on the 25th March.

    The s20 has not been officially served yet.
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