Leasehold Maintenance to building

koppite412

I need some quick advice please. I own my property, but not the freehold. In the lease, there is a clause regarding decoration and maintenance of the outside of the building. I have to pay 50% of the cost of any work.

Question: Can my landlord book work to be done with a contractor on a date and at a price without first consulting me, under UK law?

Thanks in advance

Badger_Lady

I don't know what the legal situation is here, but the landlord wouldn't do any work that wasn't necessary - his duty is to maintain the building, and he couldn't benefit from doing extra works.

If he did consult you first, would you refuse? Many leasehold properties pay a regular maintenance charge to cover any event - if you're worried about receiving a sudden bill under your ad-hoc arrangement, you could set up a regular savings account and set aside £30 a month (if appropriate) to cover these costs.

I've just sold a flat with the same arrangement as you, and in 2.5 years nothing was ever needed, so I've benefitted from never having to pay maintenance :-)

Do you think that some work needs doing / has your landlord done some work without consulting you?

koppite412

Hi Badger

Basically, I received a letter saying who would do the work, when and for how much. He had arbitrarily agreed all this without consulting me. I don't think he can do this, especially as I have to pay 50% of the bill. I may not like the price, the builder or anything else, for example.

Badger_Lady

Hmm... not sure you have a say, really - in theory, the landlord could be managing a whole string of properties and have specially arranged contract with the builder.

If there were 10 flats in your building, rather than 2, he would have a hard time moderating between everyone that's 'paying for the work'!

It is his responsibility to maintain the property, not yours, and that probably includes the method he employs to carry it out. If you were paying a regular maintenance charge, rather than ad-hoc, would you expect to be in control of work done..?

By all means, raise any objections with the landlord, but I'm not convinced that you have much power. Unless the quote is really 'out there', I'd just pay up and keep quiet.

(I'm only conjecturing - perfectly happy to be battered down by someone who knows otherwise!)

koppite412

The landlord has only this flat, not a string, so I suppose on that point there is no pre arranged contract with a builder.

The basic argument is if I am expected to pay for something, I would expect a say in how that something is arrived at.

EdInvestor

It is normal for freeholders to get a selection of estimates of the cost, especally if the idea is that the work is to be done by a mate or relation of the freeholder.This is to show the leaseholders that the mate's price is competitive in the market.

It's the freeholder's duty to maintain the building - the lease will state this, usually including exterior painting and refurb every 6 years or so.

Obviously you don't want your building to be poorly maintained as it affects its value. But you are entitled to object if you feel there is something wrong, eg price too high, unnecessary work etc. Do refer to the lease first.

Note that with local authority freeholders, you never get anywhere by complaining.

olly300

OP if you are in England and Wales go to the http://www.lease-advice.org/ website.

As far as i'm aware if the bill for the maintenance is over £250 and you are in England and Wales, the freeholder has to follow statutory procedures to inform you of this otherwise you don't have to pay.

Note that with local authority freeholders, you never get anywhere by complaining.

Not strictly true. It's how you complain.

With local authorities you need to understand the legal side properly. This means you can't just write a letter of complaint you need to do some research and make sure your complaint falls within the law.

In a flat I viewed a while ago, I did a quick internet search and found that the leaseholders had actually taken the council, the freeholder, to a tribunal and won over the council trying to replace the entire roof when only a small part of it needed fixing. This involved the leaseholders organising themselves into a group, understanding the law and finding two roofing specialists to give detailed quotes.