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

blckbrd

I used to manage a consultation team for a LA so hopefully I can clear up a few things for you.

boomerangs wrote: »

This is the main reason why you should never buy an ex-council flat. When the time for repairs comes along you invariably end up paying for those that don't have to pay. The other 3 flats don't pay a penny, you pay their bills for them. The council will deny this of course but in practice this is how it works out.

The legislation applies to all leaseholders not just those of ex-council properties. Tenanted properties pay for repairs through their rent.

Idonex wrote: »

Exactly. You foot the bill for everyone elses council house being renovated. Freehold ex-la houses aren't so bad in that you won't get billed, but even then you have to watch while everyone elses house gets renovated and repaired for free..

Wrong on both counts. Leaseholders pay their specific proportion of the cost of the works. Do you imagine the OP's £5K will cover all of the works listed to the block??

Freehold houses on estates may pay for 'contiguous elements' if the transfer documentation so states. Such elements may include the roof so freeholders need to check what they may be charged for.

pie81 wrote: »

If each individual leaseholder is supposed to take care of his own windows and doors then you should not be liable to pay for the costs of replacing other flats' windows and doors. However if it's something the freeholder is supposed to do for all flats then you will have to pay... it doesn't matter that you did your own quite recently.

It is highly unusual for a LA not to retain repairing responsibility for windows. The only instance of this that I have encountered is where the LA held an underlease rather than the freehold itself. OP you may want to check out the longshot that the LA is not the freeholder as they would themselves need permission to carry out any works.

OP the Notice of Intention looks standard. You are in the initial phase of the consultation process and this would be the first that you would expect to know about any works. It may be that the scheme was being 'worked up' at the time of your purchase but specific information would not have been available.

Just to add - it looks like there is a Long Term Agreement for framework contractors in place. The consultation on this would have occurred some time in the past. This is why you have costs available now and it's effectively the FINAL stage of consultation.

tomstickland

The basic answer is yes.
For free advice give https://www.lease-advice.org a call.
There is a consultation process that has to be followed.
There is a history of private owners being hit for large bills in blocks with council tenants.

blckbrd

Oh and the windows - you will remain liable for full costs until you appliy for and recieve retrospective consent and effect a Deed of Variation ( this gives you ownership/repairing responsibility of the windows).

It's going to cost you money ( but less than the window costs) and you need to contact your leasehold services section. Once all is as it should be the window renewal element should be removed. It's worth noting that if you fail to do this your windows could be removed and new ones installed anyway.

blckbrd

ILW wrote: »

I think that to challenge a repair valuation at least 50% of the leaseholders have to agree to it. As in your case 75% of the leaseholders are the council, this may be difficult.

You may be thinking of freehold reversion percentages.

An individual leaseholder may challenge at LVT. However any ruling applies to that leaseholder alone. In OP's case he is the only lessee so he's fine to go ahead if he thinks he has a valid dispute.

sunnysea83

If you didnt get consent for your windows and dont apply for retrospective consent (which can be very expensive) you could find your freeholder taking you to an LVT for breach of covenant and if the LVT then agrees there was a breach, which there clearly is, then they will be able to take you to county court for foreiture (but a court is very unlikely to take somesone flat from them).
The best thing to do is contact landlord, tell them you replaced the windows in x and ask them for retrospective consent and ask if the ones they are replacing them with are an improvement or if you can keep your ones.

G_M

werdas wrote: »

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

You almost certainly needed to get permission before replacing your windows a) to keep style throughout the building b) to ensure they are done professionally c) because it appears window replacement is the freeholders responsibility under the lease.

Did you read the lease either when you bought the flat, or when you did the windows?

Idonex

blckbrd wrote: »

I used to manage a consultation team for a LA so hopefully I can clear up a few things for you.


The legislation applies to all leaseholders not just those of ex-council properties. Tenanted properties pay for repairs through their rent.



Wrong on both counts. Leaseholders pay their specific proportion of the cost of the works. Do you imagine the OP's £5K will cover all of the works listed to the block??
.

What so all the council tenants in his block are going to be stumping up the entire 6k out of their own money too are they? Or will it come out of their taxpayer subsidised rent payments?

Fire_Fox

werdas wrote: »

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....

Not having the money is, unfortunately, no excuse you have signed a legal document (long lease) agreeing to pay your share of maintenance and certain improvement works. It's likely that whatever works are carried out will be beneficial to you in that they will increase the value of your property - conversely refusing to contribute (if the major works go ahead) will make your flat unsaleable.

You really need to get out ALL of the paperwork you were supplied with when you purchased the poroperty, and read it properly this time alongside the LEASE website Tomstickland linked to. Appraise yourself fully of your rights and responsibilities and then submit a representation not to have to pay for the windows. TBH tho it doesn't sound like you have much of a case as you may even have breached the lease by installing your own windows.

blckbrd

Idonex wrote: »

What so all the council tenants in his block are going to be stumping up the entire 6k out of their own money too are they? Or will it come out of their taxpayer subsidised rent payments?

Tenants pay tax too - not every council tenant is on benefits.

Tenants pay rent. Part of the rent pays for repairs.

Leaseholders pay their share of repairs costs in accordance with their lease.

Some people chose to become leaseholders. Some leaseholders do not understand what they have bought into when they buy a property. Sad but tough. No one had their arms shoved up their backs did they?