As a leaseholder, do I have to pay for external works of my flat?

werdas

Me and my partner bought flat in Newham in 2007. Top floor flat.We replaced the windows in our flat, and did major repair in our flat ;like replaced all the heating system, floors, new kitchen and bathroom...
Now Newham Homes, has arranged works to be carried out outside our flat;
1.Erection of access scaffolding
2.Window replacement
3.Installation of ventilation fans
4.Internal redocoration to communal areas
5.External repairs to walls
6.Rainwater goods
7. Roof covering renewal (pitched)

Thy asking to pay contribution towards the cost of these works : £5420.88

I do not want to pay.!!! AS I will be moving out in 2 years(hopefully)

can anyone advise us

BitterAndTwisted

Read your lease. These kinds of works are quite normal for leasehold properties but you might be able to negotiate if you do not need the windows replaced as you've already done this. Generally, these kinds of refurbishment works are not optional

poppysarah

When you bought the flat did you have the responsibilities explained to you about what leasehold meant and who'd be responsible for the outside of the property?

That doesn't sound the worst charges I've ever seen.

WLMJ

I read it somewhere that if the cost per household is more than £250, the management company have to get all the leaseholders agree to the work, otherwise they can't go ahead. Maybe worth it to talk to other people in the block?

werdas

There is only 4 flats in the block, I believe 3 ot them are council's flat,
As far as I remember no one told me about the planning works when I was buying that flat, perhaps I would have changed my mind...
I do not have these money and I do not need these works....

BitterAndTwisted

It's my understanding that when you bought the flat you should have been informed of any major works planned for the following five years. Were you not advised of these plans when you purchased the flat?

BexInLondon

The communal stuff is probably inescapable, however you may be able to avoid the windows being done.

Oldernotwiser

As the top floor flat I'm surprised you're quibbling about repairs to the roof!

Why would you replace the windows independently when this is covered by your lease?

werdas

windows were in awfull state , it did not close properly, gaps and holes were filled with expamsion foam, no good to be used...

blckbrd

If your lease allows for charging you for the works then you will have to contribute.

Info on Major Works consultaion here http://www.newhamhomes.com/Leaseholders/MajorWorksAndConsultation-HowItWorks/

If the process has not been adhered to then you may have a case to take to LVT. However, some elements of the consultation process may have been carried out a few years in the past if there is a partnering/framework arrangement in place for repairs.

If you did not get LL permission to renew your windows you will be liable for the full cost of window renewal unless you apply for and are granted retrospective consent and effect a Deed of Variation. The deed acts to transfer ownership and repairing obligations for the windows to the leaseholder. There are costs involved in this and you should contact your leasehold services section (possibly not the same section that carries out day-to-day management). The Newham website has a leasholder section accessible here http://www.newhamhomes.com/Leaseholders/

If when ther consent and Deed are in place you may request a reduction in charge for the window renewal element of the works (or it will be processed automatically).

As part of the pre-sale enquiries, information regarding current and future major works is generally requested by and supplied to the vendor. It is the vendors responsibility to pass this information on to the prospective purchaser (usually via solicitors) so check your documentation. If this info was received and not passed on to you you may have a claim against your solicitor.

Link to Newham's Modern Homes info with programme info linked to in the latter half of the page.
http://www.newhamhomes.com/ImprovingYourHome/ModernHomesProgramme/ModernHomesforNewham.htm

pie81

a) if your lease says you have to contribute to internal and external redecorations/repairs, then you have to.

b) the freeholder has to go through a consultation process for any major works (which these are). That gives the leaseholders the opportunity to argue that the works are not necessary or a cheaper quote could be found.

I would definitely advise that you ask the freeholder to supply a copy of the schedule of works that they say needs doing, and the quotes that they got for the building works to be done. Then take the schedule of works and get a second opinion from a local building firm or two. If they say it can be done much cheaper then you should tell the freeholder to use the cheaper builder or else you will challenge the charges as being unreasonable.

I did this when my freeholder wanted to do major works - their builders quoted between £37k and £50k, I found a builder who quoted £25k, in the end they agreed to use my builder - saved each flat about £5k.

c) however the freeholder doesn't have to do what the leaseholders say. They CAN do the works - and charge the leaseholder for them - even if all leaseholders don't want them to.

d) if they go ahead then the leaseholder's only option is to go to the LVT and argue that the charges are "unreasonable". "Unreasonable" is quite a high test however, so you have to be sure that the works are totally unnecessary or that the cost is way more than it needs to be. (For example if you found a much cheaper builder as explained above, and they wouldn't use them)

Hope that helps. If all else fails, look on the bright side - newly redecorated outside and inside will definitely help you sell the flat in 2 years time, indeed it might add more than £5k to its value if you are lucky.