Freeholder trying to rip off leaseholder

[Deleted User]

What I thought was a big bill for roof repairs is more complicated. Thanks to help from you guys and from Local Council, have discovered that the freeholder - who owns three floors of bedsits in the building - is trying to make me - in the basement and the other leaseholder - on the top floor, pay 20% each of bills which have been served under enforcement procedures for housing in multiple occupancy. So he's trying to disguise under necessary repairs the requirement by the council to make his bedsits 'fit for human habitation'. I think now I have to extract the HMO repairs from what may be reasonable for us to contibute to and make him an offer. Waddya all think?

Doozergirl

He needs to provide you with three fully detailed quotes from contractors and a Section 20 notice.

I wouldn't even bother acknowledging any liabilty until he learns to do things properly.

[Deleted User]

He has provided three quotes but its not so much the section 20 but the as the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1995 and Housing Act 1985 Section 189(1A) which seem to be the issue. Although the roof needss some repair and fire safety stuff, etc, the two documents(above) seem from my examination of the legislation, refer to his responsibilities as landlord of bedsits on two floors of the building. This accomodation has been judged as unfit for human habitation and he has included this stuff in the bill. So I have been going through the estimate taking out the stuff that he is responsible for and anything that is 'decoration' either inside or out (because we have as part of our original paperwork a signed statement from him on a form saying that he would decorate at no cost to us). With VAT and survey fees etc the bill amounts to almost £58,000. He wants to divide it by the five floors in the building(of which he owns two). I want to divide by the number of seperate dwellings in the building because that affects the costs of shared facilities like pies, cabling roof, sewage and fire reg stuff. Doing it my way reduces my bill by around £4,000 and we are about saving money, aren't we? I would like to reduce it further but am having problems finding a list of what leaseholders may expect to contribute to. Going nuts here. Letter from him saying we have overrun consultation and response time on estimates and if we don't come up with cash soon he will contact our building society!

silvercar

if you have self contained flats then you only want to contribute to necessary roof and fire safety work that is required for flats. If he needs extra stuff to comply with HMO legislation, shouldn't he pay for it?

TJ27

I served a few notices under the old 1985 regs which I had to cancel. (I don't think they are enforceable any more.) We've been serving notices under the new legislation for quite a while now.

Also, when I do serve notices, I serve on all the relevant parties. So if a building has freeholders and leaseholders I serve on all of them, if the works relates to all parts of the property. If the council hasn't served you with a notice then it can't hold you responsible for the repairs and it can't prosecute you should the repairs not be completed.

Personally I think you probably should be responsible for part of the repairs, but if you haven't had a notice I'd do nothing for the time being. I guess there will be some sort of contracual issues between you and the freeholder though.

[Deleted User]

THAKS - that's what I think. Scaffolding for roof is not quoted seperately so i will have to estimate a proportion of this cost that will facilitate other work. Also the internal water and soil pipes and electrics, etc which may well be to do with with his stuff and his bedsits. As for stair carpets - I ask you! He is even trying to charge for entry phone which I don't need - being self contained and seperate question. If I end up dribbling in a psychiatric unit, will you come visit me? Thanks for your encouragement

[Deleted User]

Thanks so much - the local authority officers have been so helpful and are making themselves available for further advice. I have been in contact with them by phone, letter and email. They did serve a notice but the estimates for work that the freeholder, has covers far more than is outlined in the notice. Besides the notice which has been issued to all other properties in the building is different from that which was issued to the freeholder(who is also the owner of the bedsits). It seems to me that the freeholder has decided to include the work that he is obliged to do under HMO stuff, in the bill for maintenance and repairs. Our electric meter is inside the front door on groud floor level. The freeholder has changed the locks and won't send us a key. Luckily I am not living there at present, but still!!! Communications with local authority leads me to believe there is 'history' and we are invited to approach several LA depts for further advice and chat any time!

never_enough

It sounds horrid, I feel for you. I've been on the end of various freeholder nonsense before & it can become very wearing, not to mention expensive.
I hope things work out for you.

[Deleted User]

Thanks. I think I will become an expert in all this just at the point when it concludes. Mind you, I know much more than is interesting about lots of things. I have drafted aletter to the freeholder and considered posting it here for suggesytions before I mail it with my revised calculations of the bill.

[Deleted User]

PART 1 - I feel that there is a mix of obligations to repair in the estimate - those costs associated with his obligation as a landlord of bedsits and flats and the costs in which we have to share. I can understand me having to contribute to party walls, fire stuff, drainage electrics and water supply, roof, etc. I don't want to contribute to his costs which stem from being a landlord of unfit dwelling, to common parts in which we have no share - or to removing(as it states in the estimate) redundant soil pipe, drainage, water pipes and cabling which come from alterations to or from bedsit accomodation. This mis one of the acts referred to in the notice served by the council. Should I go see the council? How does one interpret?
Statutory Instrument 1990 No. 830
The Housing (Management of Houses in Multiple Occupation) Regulations 1990

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STATUTORY INSTRUMENTS

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1990 No. 830

HOUSING, ENGLAND AND WALES

The Housing (Management of Houses in Multiple Occupation) Regulations 1990

Made 29th March 1990
Laid before Parliament 9th April 1990
Coming into force 1st July 1990


The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 369 of the Housing Act 1985[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Housing (Management of Houses in Multiple Occupation) Regulations 1990 and shall come into force on 1st July 1990.
Interpretation
2.—(1) For the purposes of section 369 of the Housing Act 1985 and of these Regulations, the definition of "person managing" in section 398(6) of that Act shall be varied by the insertion, at the end, of the words "; and for the purposes of the foregoing paragraphs, where rents or other payments are received by means of a payment made on behalf of any person, they shall be treated as rents or other payments received from that person.".

(2) In these Regulations-

"house" means a house in multiple occupation;


"manager" means the person managing a house;


"resident", means a tenant or lodger and any other person living in a house;


"staircase" includes any landing.

(3) Any requirement of these Regulations with respect to repair shall be construed as requiring a standard of repair that is reasonable in all the circumstances; and, in determining the appropriate standard for a room in, or any part of, a house, regard shall be had to the age, character and prospective life of the house and the locality in which it is situated.

General
3.—(1) Nothing in these Regulations shall-
(a) be taken to require or authorise anything to be done in connection with water supply, drainage, or the supply of gas or electricity otherwise than in accordance with any enactment, or to oblige the manager to take, in connection with those matters, any action which is the responsibility of a local authority or any other person, other than such action as may be necessary to bring the matter promptly to the attention of the authority or person concerned; or
(b) oblige the manager to repair, put or keep in repair or maintain anything which a resident is entitled to remove from the house.

(2) In paragraph (1), "enactment" includes an enactment in any order, rule, regulation, byelaw or scheme made under or by virtue of any Act.

Water supply and drainage
4.—(1) The manager shall ensure that all means of water supply and drainage in the house are in and are maintained in repair, a clean condition and good order (including, where appropriate, proper working order), and shall, in particular, ensure-
(a) that any tank, cistern or similar receptacle, provided for the storage of water for drinking or other domestic purposes is effectively covered, and that all such receptacles and the water stored in them are kept in a clean and proper condition;
(b) that any water fitting which is liable to damage by frost shall (unless it is an overflow pipe) be reasonably protected against such damage.
For this purpose "water fitting" includes any pipe (other than a main), tap, !!!!, valve, ferrule, meter, cistern, bath, watercloset, soil pan or other similar apparatus used in connection with the supply or use of water.

(2) The manager shall not unreasonably cause a supply of water to any resident in the house to be interrupted.

Supply of gas and electricity
5. The manager shall not unreasonably cause a supply of gas or electricity to any resident in the house to be interrupted.
Parts of the house in common use
6.—(1) The manager shall ensure that all parts of the house in common use are in and are maintained in repair (including, where appropriate, decorative repair), a clean condition and good order.

(2) The manager shall also ensure that such parts of the house in common use as comprise staircases, passageways, corridors, halls, lobbies, balconies and entrances (including entrance doors, porches and steps) are kept reasonably free from obstruction.

(3) The manager's duties as respects the parts of the house mentioned in paragraph (2) shall, without prejudice to the generality of paragraph (1), include the duty to ensure that all handrails and banisters are kept in good order and repair, that any missing handrails and (in so far as considerations of safety may require) banisters are replaced, that such additional handrails and banisters as are necessary for the safety of residents are provided and that any staircoverings provided are safe and safely fixed.

(4) This regulation shall extend to any staircase, passageway or corridor which gives access to the living accommodation of a resident and which, though not itself in common use, opens directly on to a part of the house in common use from which it is not separated by a door.

[Deleted User]

PART 2 Installations in common use
7.—(1) The manager shall ensure that the following installations in common use, or which serve any part of the house in common use, are in and are maintained in repair, a clean condition and good order (including, where appropriate, proper working order)-
(a) installations for the supply of gas and electricity, for lighting and for space heating or heating water;
(b) sanitary conveniences, baths, sinks, washbasins and installations for cooking or storing food;
(c) receptacles or other installations provided in connection with the delivery to the house of postal packets, within the meaning of the Post Office Act 1953[2];
(d) other installations (if any) in a kitchen, bathroom, lavatory or washroom which are not subject to any of the foregoing provisions of these Regulations.

(2) The manager shall ensure that installations for lighting serving any part of the house in common use are readily available for use by residents to such extent and at such times as they may reasonably require.

(3) This regulation shall extend to installations for lighting on staircases and at entrances to the house which are used by residents, whether in common or otherwise, except any staircase which is comprised in a resident's living accommodation which either does not open directly on to a part of the house in common use or is separated from such part by a door.

Living accommodation
8.—(1) The manager shall ensure that-
(a) the internal structure of any part of the house occupied by a resident as his living accommodation is in and is maintained in repair; and
(b) the installations in the accommodation for the supply of water, gas and electricity, for space heating and heating water and for sanitation are in and are maintained in repair and proper working order.

(2) The manager shall ensure that any living accommodation is in a clean condition at the beginning of a resident's occupation of it.

(3) This regulation does not require the manager to carry out any repair the need for which arises in consequence of use by a resident of his living accommodation otherwise than in a tenant-like manner.

Windows and ventilation
9.—(1) The manager shall ensure that all windows and other means of ventilation in any part of the house occupied or used (whether in common or otherwise) by residents are in and are maintained in repair and proper working order.

(2) Except in so far as may be necessary for the proper discharge of any other of his duties under these Regulations, the manager shall not be required by paragraph (1) to carry out, in a part of the house which is occupied by a resident as his living accommodation, any repair to a window or other means of ventilation the need for which arises in consequence of use of that part otherwise than in a tenant-like manner by the resident.

Means of escape from fire
10.—(1) The manager shall ensure that all means of escape from fire in the house and all apparatus, systems and other things provided by way of fire precautions are in and are maintained in good order and repair and are kept free from obstruction.