Section 20 - Consultation on Major Works (Leasehold)

mostlycheerful

Fire_Fox wrote: »

They have already obtained estimates,

Don't want to interrupt this nice chat ladies but re your original question as I remember it they're supposed to serve the section 20 then after that get three quotes and, supposedly, take the best one. But I'm not sure if that means take the cheapest one or whether they can decide on other variables. So if they've already got quotes before serving the S20 then possibly that's incorrect procedure. So if what I'm saying is accurate - of course check this - then, if you want to, you can inform them of this, either casually verbally to keep things light and simple and easy, or, if you prefer, perhaps by formally writing to them informing them of this. And, perhaps, also saying that you are considering the contents of the S20 and will inform them of your wishes when you've had time to decide. Of course perhaps keeping a good relationship with them may be more important than getting what you want or being picky so perhaps that is also something to consider. Hope this of use. Good luck.

BitterAndTwisted

Fire_Fox wrote: »

What did they mess up? You should really be coasting along with no change, as you are presumably on means tested?

Yes, I am but it serves me right for getting three weeks work back in October. This time it's my Housing and C Tax benefit: I've been served with an eviction notice. Which is nice.

Fire_Fox

clutton wrote: »

""The audible hallucinations are worse (music due to meds)" - i have never heard of these side effects...
are you able to tell us more - PM if you would rather...

I have been refusing to take inhalers for 2 years now and my "asthma" nurse told me 3 months ago that i would be house-bound in 4 years if i did not take them !!!!!! to s s pot of a woman... i dunno - give nurses doctors' jobs and they go all dictatorial on you !! (apologies to excellent nurses - rant over )

My medical stuff is not private, it is what it is. The auditory hallucinations are really faint music, like when you hear the TV in the next room and you know it's speech but can't make out the words. Initially I thought they were real, until it occurred to me that it was unlikely anyone would listen to opera at 4am ... regularly.

Then I freaked out, but headed to Google it and sure enough it is a side effect of my old meds. It's usually at night as I take my dose in the evening and always when it's quiet so my brain is filling in the gaps.

When I switched meds the audible hallucinations vanished, then came back over time as we increased the dose. Checked the side effects again to be sure!! The tunes tends to change depending on what I have listened to, but they can be annoyingly repetitive. If I heard voices I'd be down the surgery at opening time. :rotfl:

http://www.nytimes.com/2005/07/12/health/psychology/12musi.html

My therapist does a great thing.. she gives you a private initial consultation and takes a history then gives you treatment.

Next visit you share the treatment room with A N Other - 2 couches.. lovely music.... 2 nice big screens for privacy. and as you sit silently for over half an hour alone with needles hither and thither she is treating the person in the next bed.... half the price.....

That sounds like a good idea, two at once. I guess the therapist doesn't need to concentrate on both, as it's a physical more than a mental treatment? It's good to hear from someone sensible that acupunture is effective, I am skeptic tho I accept it helps some quit smoking.

blckbrd

Nice to see you Fire Fox. To answer your questions:

Yes, the freeholder must have ‘due regard’ for any observations received but there is no requirement to obtain agreement for works from the lessees. And all written observations must be responded to in writing within 21 days.

The works must be necessary and the costs reasonable so you may have a valid challenge at LVT on the £250 plant and any other such items. There may also be an argument against items of improvement if such are not allowed for in the lease.

There is no requirement to replace like with like, necessarily, or to recognise preferences.

You should be being consulted under Schedule 4 Part 2 of the Act. It’s a 2 or 3 stage process. Pre-tender/Notice of Intention - you ought to have been invited to nominate a contractor. Once the tenders have been submitted the second stage is the Notice of Estimates where the costs and scope of works can be examined. The final stage , if either the nominated or cheapest contractor isn’t chosen, is the Notice of Award of Contract. Defective s20 consultation is also another area of challenge at LVT.

You may not be able to stop the process in its tracks with pertinent observations but you can bring an LVT challenge at any point.

Good luck J

clutton_2

B&T - " I've been served with an eviction notice. Which is nice." - what rotten luck - is it a S8 or S21 ?

BitterAndTwisted

A Section 8. I'm not worried about it at all, probably thanks to all of the discussion about same on this forum. It's a screw-up on my landlord's side, who are a Local Authority, because they don't seem to be able to process their own paper-work inside two months. By the time they've done all of the re-calcs properly they'll end up owing me money.

Fire_Fox

mostlycheerful wrote: »

Don't want to interrupt this nice chat ladies but re your original question as I remember it they're supposed to serve the section 20 then after that get three quotes and, supposedly, take the best one. But I'm not sure if that means take the cheapest one or whether they can decide on other variables. So if they've already got quotes before serving the S20 then possibly that's incorrect procedure.

So if what I'm saying is accurate - of course check this - then, if you want to, you can inform them of this, either casually verbally to keep things light and simple and easy, or, if you prefer, perhaps by formally writing to them informing them of this. And, perhaps, also saying that you are considering the contents of the S20 and will inform them of your wishes when you've had time to decide. Of course perhaps keeping a good relationship with them may be more important than getting what you want or being picky so perhaps that is also something to consider. Hope this of use. Good luck.

Thanks for your input. Would have replied last night but MSE ate my reply!

Freeholders don't have to take the cheapest quote, but they have to give their reasons if not taking either the cheapest OR one nominated by a leaseholder. Seems iffy to me as unless they completely disregard all our observations then the quotes they have will be redundant as the schedule of works *should* change.

Fire_Fox

blckbrd wrote: »

Nice to see you Fire Fox. To answer your questions:

Yes, the freeholder must have ‘due regard’ for any observations received but there is no requirement to obtain agreement for works from the lessees. And all written observations must be responded to in writing within 21 days.

The works must be necessary and the costs reasonable so you may have a valid challenge at LVT on the £250 plant and any other such items. There may also be an argument against items of improvement if such are not allowed for in the lease.

There is no requirement to replace like with like, necessarily, or to recognise preferences.

You should be being consulted under Schedule 4 Part 2 of the Act. It’s a 2 or 3 stage process. Pre-tender/Notice of Intention - you ought to have been invited to nominate a contractor. Once the tenders have been submitted the second stage is the Notice of Estimates where the costs and scope of works can be examined. The final stage , if either the nominated or cheapest contractor isn’t chosen, is the Notice of Award of Contract. Defective s20 consultation is also another area of challenge at LVT.

You may not be able to stop the process in its tracks with pertinent observations but you can bring an LVT challenge at any point.

Good luck

Thanks very much, I knew a good chunk of that but that is what I needed - assurances that I hadn't got 'false memory syndrome'. :T

I can't find anything about improvements or otherwise in the lease, I am hoping not to invoke that because the freeholders have spoken about installing motion sensors on the lighting which I would welcome.

We are in the first stage and have been invited to nominate a contractor: have asked my parents as their building is immaculate 15 years after conversion. Also asked the freeholders NOT to use the companies who redecorated the foyer after a flood as the work was not to a "reasonable standard" (this was accepted by previous managing agent).

Thanks again!

clutton_2

:rotfl:Firefox says - ""but they can be annoyingly repetitive.""

i do sooo hope you dont get the "birdie song"

BitterAndTwisted

Damn you, Clutton! Fire Fox may not get it but I have now. Oh, someone please put me out of my misery.....