Broken lift in flats - no one wants to pay to fix it

ESDA

I have a client who is 90 and in a block of flats where the lift is broken, the managing agents cannot get all the members to agree to pay to fix the lift. Whos responsibility is it to pay to get this lift working? any ideas gratefully received, this chap is 90 and now housebound, I need to try and get this sorted before asap. Thanks ESDA

princeofpounds

Presumably the flat is a leasehold with an overarching freehold type arrangement. It's therefore likely to be the responisbility of the freeholder (although exact details will be in the lease). And it should be the freeholder's managing agent who gets this done.

I'm afraid I don't know the procedures for enforcing repairs in leasehold situations, only ASTs, but I can direct you to people who will.

lease-advice.org is the place to go for general advice, it is free and I believe a government-funded service.

landlordzone forums also have a leasehold segment where you might find help.

Finally, given in particular this man's advanced age, you may wish to contact the council and/or help the aged type charities. There are several council depts that might be able to offer help - private sector housing teams, environmental health (who don't just deal with bugs but general living conditions) and there may be an elderly person's service too.

ESDA

Thanks, I did wonder about the local Social Services, but this chap wants to stay at home and he may well be moved. I will look into lease.org. Thanks again

princeofpounds

Social services don't just go around moving people from homes you know! If he is capable of looking after himself then it's very unlikely they would do anything like that.

lynzpower

If the lift is in the building then the management company shou,d be paying a maintainence contract on this- are they not?

NOVASTAR

I agree with Lynzpower - its down to the management company and the tennants pay the annual charge towards the upkeep of the property.

ESDA

I understand that Social Services do not take people from their homes unecessarily, and try to keep people where they want to be, but with a broken lift this chap is technically housebound, with no apparent recourse to get it fixed. The management committee of the building they own are not in total agreement on how to spend the maintenance money and they need to be in agreement before the funds can be allocated.

mlz1413

The management company should send out a statement with each charge, normally 6 monthly I believe.

The statement should show what was spent on maintenance for the previous 6 months and divide that by the number of flats, any good management company also charges a little bit extra from the flats being new to build up a fund for repairs needed long term.

Can your client see if there is any fund on the statement?
Can he see if a lift maintenance agreement is paid for within the charges?
Or can he write and ask them?

If the flats have recently had money spent on them, ie repainted, it maybe that the fund has been used up. Or it could be that not all the flats are paying the charges and so there is no fund.

The fact the management co has said they can't get everyone to agree tends to suggest there is no fund and not everyone will contribute. My mum came across this in her flat the ground floor refuse to pay for the lift maintenance and some of the people on the first floor said they wouldn't either pay as they prefer to use the stairs !

princeofpounds

People often seem to be under the impression that these sorts of charges are voluntary, when they are not. The only problem is that the enforcement mechanism is basically along the lines of - sue the freeholder, who then has to sue the leaseholders who don't pay.

This happened in a block I used to live in and the managing agents (related to the freeholder!) accrued so many charges that by the end of the exercise service charges tripled.

FoxtonsRIP

mlz1413 wrote: »

The management company should send out a statement with each charge, normally 6 monthly I believe.

The statement should show what was spent on maintenance for the previous 6 months and divide that by the number of flats, any good management company also charges a little bit extra from the flats being new to build up a fund for repairs needed long term.

Can your client see if there is any fund on the statement?
Can he see if a lift maintenance agreement is paid for within the charges?
Or can he write and ask them?

If the flats have recently had money spent on them, ie repainted, it maybe that the fund has been used up. Or it could be that not all the flats are paying the charges and so there is no fund.

The fact the management co has said they can't get everyone to agree tends to suggest there is no fund and not everyone will contribute. My mum came across this in her flat the ground floor refuse to pay for the lift maintenance and some of the people on the first floor said they wouldn't either pay as they prefer to use the stairs !

Ok dumb question here. If you live on the ground floor of a block of flats do you pay a lower service charge than everyone else because you don't use the lift?

lynzpower

No Foxtons RIP in my experience you dont ( ie I had to paty toward the lift whe I had a GFF)