Service charge being billed for £5000 major works

roca2008

Hello

I have an issue I’m hoping someone can help with.

I am a lease holder and the council who own the block are putting in a new lift and charging the tenants £5000 each. They expect us to pay all within 10 months! Do I have any legal rights to appeal against the amount of time they expect me to pay for the major work?

Also there will be no lift for 4 months and here are old people in the block who can’t walk up that many stairs and the council have blatantly said if they were a council tenant they would find alternative accommodation for them until the work is done but as they are lease holders they will not help them! So they either stay in the house for 4 months or pay for a hotel. Do they have any rights to appeal?

Any help would be appreciated

Thanks in advanced.

theinbetweener007

Wow this seems horrendous. There must be legal steps to follow

Have any residents got together to discuss the issue and terms of the leasehold? If not it might be wise to try and arrange one at a local community centre so you can assign roles and plan a joint up response. Citizens advice might be worth a call too.

I doubt they can force such a significant sum to be paid within such a tight timeframe but you need to club together and work as one.

diggingdude

I bet the people who bought these flats with large right to buy discounts put those savings aside to pay for these repairs......or did they sell them quickly for full market value?

Some local authorities offer interest free loans to pay for works on their buildings, you could ask them??

da_rule

Did they carry out s.20 consultation with you before awarding the contract? If not then you can challenge it as consultation has to be conducted for any works in excess of £250. Unfortunately though if the Council refuse to waive the bill then you have to challenge them at the tribunal.

In relation to the lift, what does your lease say? Are the Council obliged to provide one?

Norman_Castle

roca2008 wrote: »

Hello
Also there will be no lift for 4 months and here are old people in the block who can!!!8217;t walk up that many stairs and the council have blatantly said if they were a council tenant they would find alternative accommodation for them until the work is done but as they are lease holders they will not help them! So they either stay in the house for 4 months or pay for a hotel. Do they have any rights to appeal?

What the freeholder would do for council tenants is irrelevant. Council tenants pay rent for a usable home. As a landlord they are obliged to provide an alternative, as a freeholder they are not.

Its possible the infirm owner occupier residents could be provided alternative accommodation with the costs added to the bill. Would you prefer that?

AdrianC

You own a flat in a block.
The freeholder believes the lift needs replacing.
You don't want to pay for it.
You don't think the lift should be out of action even briefly.
I'm not sure living in a flat is for you.


That apart, welcome to the reality of right-to-buy. We keep warning people, but they can't see past the discount...

CocoLouie

A privately owned freehold would have the exact same situation if work was required for the lift.


How else do you think a lift can be maintained or replaced without it being out of use?


It is the cost of being a homeowner so if the council has followed the correct procedures informing residents of the work and the lease allows it then you need to pay up and find alternative accommodation if you can't live there without the lift.


The council freeholder will probably be more lenient on setting up a payment plan than a private freeholder.

Ozzuk

To be fair, the OP doesn't state he has an issue paying, only an issue with how soon he needs to pay. Perhaps lower the pitchforks a little

ThePants999

Obviously a lift has to be taken out of use to be repaired/replaced. It shouldn't take four bloody months though...

hazyjo

It's very common with ex-LA flats. I say it on here every time anyone mentions they're thinking of buying one and advise not buying if there's a lift as they often result in large expenses.


Unfortunately, sounds like you're doing the research the wrong way round and the horse has already bolted (sorry! not much help, but will be for anyone else looking at posts like these in the future).


I hope the windows are sound as that's another one they love to replace every X number of years at considerable expense. Don't get me started on flat roofs on council blocks either...


Good luck!

need_an_answer

My understanding is in the situation that a leaseholder could not raise the funds within the agreed timescale a charge would/could be placed on the property to ensure repayment at a later date.