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No consultation for major work by managing agent
PJD
Posts: 582 Forumite
Our managing agent carried out some major work last year with no consultation. When I queried this, they told me that they met with one of the leaseholders (director) on site, - I asked said leaseholder and he has confirmed that he was no consulted.
I understand under Section 20 that there is a consultation process for any major works, and the fact that this was not carried out means that we are only liable to pay £250 of the cost.
I am about to write to the managing agent explaining the situation and to let them know of my expectation to see a few thousand pounds worth of credit to our account.
Has anyone done this before? How did it turn out? I cannot see the managing agent immediately agreeing to this, so I am expecting a fight.. - which way will the fight go? Court tribunal?
I understand under Section 20 that there is a consultation process for any major works, and the fact that this was not carried out means that we are only liable to pay £250 of the cost.
I am about to write to the managing agent explaining the situation and to let them know of my expectation to see a few thousand pounds worth of credit to our account.
Has anyone done this before? How did it turn out? I cannot see the managing agent immediately agreeing to this, so I am expecting a fight.. - which way will the fight go? Court tribunal?
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Comments
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That is very bad practice: all leaseholders should have been informed in writing.
Do you know about this website?
http://www.lease-advice.org/information/faqs/faq.asp?item=231Who having known the diamond will concern himself with glass?
Rudyard Kipling0 -
they must follow the full section 20 consultation process if they are going to bill you more than £250. if they have not they are limited to charging you £250. advice would be to keep a record of all the correspondence conversations you have about the matter. if they don't agree to giving you your money back you will need to apply to a First Tier Tribunal, think it may be a fairly straight forward case so you may not need a hearing just paper submissions. As pluto advises, see the LEASE website too
Good luck! I hope they lose a learn an expensive lesson!!0 -
Did they get quotes from different sources and give full details of the work that would be done? It seems that they have ignored or are unaware of the regulations. I know from experience that in these cases you need not pay what they ask.Who having known the diamond will concern himself with glass?
Rudyard Kipling0 -
I believe that the freeholder can retrospectively apply for dispensation from Section 20 consultation requirements.
From what I gather, the freeholder is likely to lose at the first tier tribunal - because they just look at the letter of the law.
But if the freeholder appeals, it becomes more of a 'lottery'.
The appeal court may look at whether the leaseholders were prejudiced by the absence of section 20 consultation.
i.e. If there had been a section 20 consultation, would the work have cost less? (e.g. because the freeholder didn't get enough competitive quotes, or paid his/her mate's building firm over the odds) - and reduce the amount payable accordingly.
Or the appeal court may just throw the case out.0 -
they must follow the full section 20 consultation process if they are going to bill you more than £250. if they have not they are limited to charging you £250. advice would be to keep a record of all the correspondence conversations you have about the matter. if they don't agree to giving you your money back you will need to apply to a First Tier Tribunal, think it may be a fairly straight forward case so you may not need a hearing just paper submissions. As pluto advises, see the LEASE website too
Good luck! I hope they lose a learn an expensive lesson!!
To clarify - that is £250 per flat? In which case, because it is a reasonably sized block... they can get away with carrying out almost £10,000 worth of work without consultation!??0 -
PlutoinCapricorn wrote: »Did they get quotes from different sources and give full details of the work that would be done? It seems that they have ignored or are unaware of the regulations. I know from experience that in these cases you need not pay what they ask.
No, they got a single quote from one company, which, is owned by one of their property manager's son.0 -
That speaks for itself. No wonder they didn't consult everyone.Who having known the diamond will concern himself with glass?
Rudyard Kipling0 -
Thee was a user on here some years back who had a similar experience with lack of consulation and ended up paying £250, I am sure.
User was Tom Stickland, iircEverything that is supposed to be in heaven is already here on earth.
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Yes £250 per leaseholder0
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What was the work and how much was it.
Emergency repairs for example do not follow exactly the same process.0
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