Is my freeeholder in breach of my lease?

[Deleted User]

HI all,

Thanks in advance.

I have been demanded £20k due today for intended roof repairs(I have another post on this) which is due today. I have 5 roofers that have been out all laughing that this is some sort of joke.(quoting 5-7k for the works and not the estimated £20k and questioning whether some of this work is even needed.)

I notice that no 'reserve Fund' has been built up over time.

My lease states this:

"A proper contribution fixed annually by the lessor to provide a reserve fund to cover accruing and anticipated expenditure in respect of the compliance of the covenants on the part of the lessor".

No fixed or any sum has been asked to contribute to the reserve fund until this demand where they are asking for £532. Obviously over time we have had to top up a little for works maybe £600 over 4 years and the normal service charge. There is zero in the reserve fund at this time.

Am I clutching at straws here?

da_rule

Did he serve a s.20 notice on you before commencing the works?

[Deleted User]

da_rule wrote: »

Did he serve a s.20 notice on you before commencing the works?

The works have not commenced yet. I realise that I can nominate contractors but there is no obligation for the freeholder to use them. All the roofers have just laughed and said there taking the !!!! and quoted £5-7k for works.

These guys are slick operators. I don't believe legally they have served any incorrect notices so yes I have been served the section 20 and demanded the £20k in 12 days from the date of their letter.

NeilCr

How did the conversation with the lease advice service go?

[Deleted User]

NeilCr wrote: »

How did the conversation with the lease advice service go?

Thanks but not very well. Just stated pay up.

I'm thinking of rtm at the moment. They have to serve a 'party wall notice' on next door to take the chimney down and this act states they cannot start works until a 2 month period has elapsed.

Maybe I can delay and get the RTM sorted before they start work or appoint a contractor.

Or maybe go to the FTT armed with quotes? This would delay the process but obviously I could lose..

NeilCr

Why did they say you had to pay up?

[Deleted User]

NeilCr wrote: »

Why did they say you had to pay up?

Nothing in my lease states that I shouldn't pay up. The normal service charge is due twice a year on the 25th March and the 25th September.

G_M

da_rule wrote: »

Did he serve a s.20 notice on you before commencing the works?

????

And why the new thread? I'm not searching back for the old one so no idea of the back-story.

[Deleted User]

G_M wrote: »

????

And why the new thread? I'm not searching back for the old one so no idea of the back-story.

I answered the section 20 question above.The new question was concerning my lease stating reserve fund collection. Just trying to find anything to thwart me being done for £20k..

HampshireH

Section 20 is a 3 stage process. Sending a letter doesn't meet the requirements.

Your freeholder needs to comply.

Check here for other frequently asked questions chi as what to do if you don't agree once the process has been carried out

NeilCr

To clarify then. As I understand it!

You've been asked for £7500 yourself. That's what, I think, your previous thread said. It is to do with roof repairs that your freeholder has identified as needing doing. No S20 has yet been issued and your conversation with leasehold advice led to them saying you should pay?