Expected to pay for another Flats new windows

Soundgirlrocks

If the council have issued and abatement order because the windows aren't safe, that doesn't defiantly mean that they have to be replaced, could the offending window be boarded up to make it safe? If the property is empty I would be checking the building insurance as this could make it invalid (and would impact all the leaseholders)

The management company have to go through section 20 consultation for any works over £250 per flat. There are some emergency powers but that would just be to make the window safe - which is not the same as replacing the windows.

You may be a just a shareholder but you have a responsibility to help make sure that the building is properly managed. This is the problem where the leaseholders jointly own the freehold - people sit back and expect the directors to do all the work, the directors aren't normally paid and its a role no one wants so the building ends up being badly looked after and maintained. I think the better approach is that every leaseholder has to be a company director - then everyone has the same responsibility to look after the building.

eddddy

Soundgirlrocks wrote: »

The management company have to go through section 20 consultation for any works over £250 per flat. There are some emergency powers but that would just be to make the window safe - which is not the same as replacing the windows.

The windows aren't the freeholders/management company's responsibility - so a section 20 consultation isn't relevant....

Paul_Silsby wrote: »

The Leases are clear that the flat owners are all responsible for their own windows (apart from the painting).

The leaseholder is breaching a covenant (to maintain the windows) - so the freeholder needs to take action against the leaseholder for a breach of covenant.

Soundgirlrocks

eddddy wrote: »

The leaseholder is breaching a covenant (to maintain the windows) - so the freeholder needs to take action against the leaseholder for a breach of covenant.

The next thing will be the management company has no funds to take action against the leaseholder...

AdrianC

The windows need replacing.
The freeholder is responsible, in the absence of a leaseholder.
The freeholder has no monies of their own available.
Ergo, the shareholders in the freeholder company HAVE to inject the funds into the company. Nobody else is going to...

Bear in mind, however, that "unoccupied" is not the same as "no leaseholder". Somebody owns that flat's lease, whether somebody lives there or not...
In extremis, the flat's lease can ultimately be cancelled if nobody's paying the service charge/ground rent/maintenance costs... But that doesn't cover the costs of the window in the short term.

Paul_Silsby

Thankyou , yes I will email the Directors and advise them to do this as it is in the best interests of the Leaseholders.

Paul_Silsby

Well yes, I take your point, the problem is that I suspect that a number of Leaseholders will refuse to pay which will have a knock on effect to some others who will pay but only if all Leaseholders pay. Do you not think that the Council should pursue the owner of the Flat who is legally responsible according to his Lease and therefore avoid causing all the other Leaseholders so much inconvenience. Or would they wait whilst the offending flat owner was issued with an Invoice for the works and then possibly to be taken to the small claims court ?.

Ozzuk

You've been there 36years so obviously invested in the property, why not step up and join as a director? (no idea how you do that!). If you are potentially liable, and can see there are issues such as no sinking fund, some people aren't paying - then step up to get these resolved.

AdrianC

Paul_Silsby wrote: »

Do you not think that the Council should pursue the owner of the Flat who is legally responsible according to his Lease and therefore avoid causing all the other Leaseholders so much inconvenience.

Sorry, what's it got to do with the council? Not their problem. Their only involvement is to get in contact with the building's owner - the freeholder - and say "Sort your building before it kills somebody".

It's the freeholder's problem as to who holds one of their leases for a flat in their building...

Windows would normally be part of the fabric of the building, so the freeholder's problem.