Freeholder trying to charge for work he did himself?

cloo

We live in a leasehold flat (freeholder lives in upstairs flat, we're on ground floor).

Last year he sanded down and repainted the outer front door, and in the accounts and fees he's asking us for nearly £300 for that work. Obviously we don't mind paying the cost of the paint, but we can't imagine that he's permitted to charge us for his own labour. As my husband said, if he'd hired a painter who charged £300, we'd pay £150 under terms of our lease of £200 if the painter charged £400 etc, so why should we pay all of it for him doing it?

Boyley

Shouldn't this cost be covered by your service fee, which you presumably pay to the freeholder?

Mallotum_X

Doesn't seem un-reasonable to charge for his labour, but as he's not a professional painter, without any of the overheads etc then this rate should be something far more reasonable. For a DIY job £100 including paint would be more appropriate, that would then be split 50-50.

AdrianC

You are paying half of it. He's "charging" £600 for the job...

I'd agree that it's eminently reasonable for him to be paid for doing the work - with the freehold accounts showing the full cost, apportionment per leaseholder, and that he's paid that much to do it - but £600 to paint a door...? What colour would you like, I'm on me way!

societys_child

we can't imagine that he's permitted to charge us for his own labour

Quite possibly he can. What does it say in you're lease? He's entitled to charge the going rate, why should he work for nothing?

why should we pay all of it for him doing it?

Because he's the freeholder! ( If the lease says costs are shared then £600 seems a bit steep)

Boyley wrote: »

Shouldn't this cost be covered by your service fee, which you presumably pay to the freeholder?

Presumably, there is no service charge. Quite normal in the situation described.

cattie

I've owned a few leasehold properties, though usually with a managing agent rather than direct contact with freeholder. I do have a share of freehold of the current property I own.

I don't see anything wrong with freeholder charging for labour & materials if he is doing work that saves getting a professional in. However, cost does need to be reasonable to my mind. Definitely no more than an experienced painter/decorator would charge, otherwise what's the point in getting his own hands dirty if not to make a nice profit?

jimbog

What about taking photos of the door and ask some local painters to quote for painting it - then that would give you some leaverage

cloo

Interesting, jimbog.

I think the lease says we pay half of costs incurred, but there's a question as to whether self declared charge like that can count.

TBH, I don't mind about just paying for it myself, as we're selling up this year anyway, so there's not an issue about 'letting him do that', which is kind of my husband's issue. But he'd like something concrete to say to him about it if poss.

AdrianC

cloo wrote: »

I think the lease says we pay half of costs incurred, but there's a question as to whether self declared charge like that can count.

'course it does.

Think of him wearing different hats.

When he's incurring costs on the freehold - whether by doing work himself or contracting somebody - he wears the hat with a big F - Freeholder - on it. Those costs are incurred by the freeholder, and are paid for by all leaseholders equally.

One of those leaseholders is you. The other one is him. You each have a hat with a big L on it, and he wears his to pay his half of the bill he wrote whilst wearing the hat with an F on it.

CLRA2002

The law that requires a freeholder to consult leaseholders before carrying out works which will cost any individual leaseholder more than £250. It’s referred to as a ‘Section 20’ consultation.

The principle is that the freeholder should inform you of their intention to carry out work, get estimates for the work and justify their reason for giving a contractor the work.

If there is a dispute about whether or not your landlord has acted in accordance with the ‘Section 20’ consultation process, the matter can be referred to the First-tier Tribunal (Property Chamber) for a determination.

Whilst I would always encourage freeholders and leaseholders to discuss any issues and come to an agreement without going to tribunal or court, it’s handy to have this bit of landlord/tenant law behind you during any discussion.