major works final demand. 3k

bert501

hi forum,
a few years ago our block underwent 'major works', scaffolding erected balconies whitewashed, and an entry-com system replaced with a new one.

The balcony whitewash was done to a poor standard without cleaning the existing paintwork first, hence all that was achieved was the slapping of new paint to existing dirt and grime. This could have been done by a window cleaner on a ladder, and the need for the scaffoling for this was questionable.
Total cost 2500 pounds


The entry com update was 'sold' on the basis that new entry key fobs could be deleted from the authorised user database or list.
Upon inquiring of that facility at the local almo office, they knew not of any such facility.

All the internal handsets were replaced with identical units, even though there was nothing wrong with them.
total cost 500 pounds.

Various letters have been sent over the past 2 years by the council management office stating ways to pay in instalments or defaulting to put a charge on the property.

I havent responded to any of these letters, as i've been trying to get in contact with all the leaseholders in the block to dispute these unnecessary works and overinflated prices, but it hasn't been easy as nearly all of them let out their property to other tenants, so i just let matters drag along.

however today i got a letter stating that unless the full amount is paid in 7 days, proceeding will be issued in the county court.

the question is do i wait until the court summons and dispute the works there or do i follow a different track and respond directly to the council 'recovery works officer' with my long list of queries?

regards b.

thelem

Have you contacted the council with your complaints at all? If not, it sounds to me like they have been very patient not getitng to this stage earlier, and if you complain now it's just going to appear that you're looking at ways to avoid paying.

If you had a complaint, ideally it should have been raised before the work started, but at the very latest immediately after the workmen had left. Trying to get support from other residents isn't a good reason to delay - you could have sent your letter and asked them to send similar ones. After a few years they've probably forgotton the detail of the works that were done by now.

Fire_Fox

Welcome! If you were going to dispute the quality of the works you should have done so in writing long before now and you should not have ignored all the letters sent to date. You don't need to contact all the leaseholders, you can go to the Leaseholder Valuation Tribunal alone. Approved council contractors will use scaffolding based on health and safety guidelines, if you wanted to dispute the necessity of this the time to do so was at the consultation stage not several years on.

You will get nowhere disputing this in court after all this time, given that you have consistently failed to communicate with the council and are in clear breach of your long lease. If you let this go to court you will have all the council's legal fees added, you should pay up ASAP. Had you paid before now this would not have prevented you disputing the magnitude of the costs at an LVT. http://www.lease-advice.org/publications/

bert501

Thanks for the informative opinions on this.

Of course I do acknowledge that responses to their letters have been very much delayed, this is partly due to the fact that a neighbour who voiced similar queries in writing had been stonewalled.

Is it a good option to present the judge with copies of their letters stating that a 'charge' will be applied to the lease in the event of non payment? If so what are the technicalities involved in this?
Is having a money judgement obtained against us a precursor to a charge?
If they say the works will provide 'x and y' and it clearly transpires that the works did not deliver, surely that is something that the judge would take into account?
If not, would it be a better option to counter claim?
Thanks,
B.

Fire_Fox

Responses have not been delayed, you failed to respond for several years! What happened with a neighbour is totally irrelevant, this is about YOUR contractual obligations. Have you bothered to read the posts and the LEASE website already linked to? Courts DO NOT normally deal with the specifics of leasehold disputes: you should have taken this to a Leasehold Valuation Tribunal but you have left it too late.

missile

The downside of buying a council house.

bert501

Update: It transpires that 2 other leaseholders did not get any response to their queries. I would like to assume that the same would have happened to me.

Firefox, is what is meant by 'too late'?

Is there a time limit for the lvt? Why can't s20 mayor works be contested years down the line?
In some cases it can take years to show that building works have not stood the test of time.

If a new roof was put on 5 years ago and it is now falling apart because of bad workmanship and materials, are you saying that it can't be contested?

I could tell from the start that this was going to be a rubbish job because surfaces were not cleaned prior to painting, lo and behold 3 years later it is starting to peel off. I wouldn't have had this evidence 2 years ago, and now it is glaringly obvious.

B.

Fire_Fox

By too late I mean you will get a court date much faster than you will get an LVT date even if you were ready to submit all the documents and supporting evidence today. The LVT will not hear any case that has already been in the court system. Even if you could get the LVT date first I suspect your case would be deemed "frivolous vexatious or otherwise an abuse of the process" because you are only making your initial steps towards disputing works that took place several years ago when you are about to get a CCJ. LVT panels also expect you to have taken steps to resolve a dispute before you come before them - letters of complaint or queries - which you have not.

Read the LEASE website, timescales and what the LVT deal with is all covered. And again what happened with a neighbour is totally irrelevant, this is about YOUR contractual obligations. There is a system for works that have been paid for but do not stand the test of time just as there are with any repairs and maintenance to a freehold house, but that is not the issue you are claiming.

bert501

all other points aside then:

If it was written in one of the s20 notices that videophones would be installed and subsequently they were not, then is that not a breach of contract?

yes/no