UnderFloor Heating Nightmare

jennifurroberts

Hi Guys,

My apologies if this is not the right forurm for this. [Could a moderator place it where it should be if it is not where it should be? Thank you.]

We have the leasehold to a flat in a shared building.

The underfloor heating failed to turn on this year. It took the Management Company (MC) nearly two months to sort it. We now have heat.

On the day that it got fixed the MC tells us that we are reponsible for the cost. I repeatedly asked the MC's agent who would be paying and he said the MC would and he said that 2 monthts ago and as recently as the day before it was fixed. The Heating Engineers who actually tackled the problem said the same. The day it is fixed MC then tell me to check the lease. We are responsible per the lease.


We are elderly and were cold for nearly two months. When I thought the MC was paying I was not happy and am even less so now.


I believe the MC acted supererogatorily (ie took on a duty they should not have) and are therefore liable. Eg if I painted the lobby which is a communal area because I mistakenly thought it was my job to do so I could hardly charge the MC for the paint even though all the building's users would benefit from a freshly painted lobby.


Do I have a legal leg to stand on?
Should I pay the bill when given and they recliam via small claims court?
Or challenge it from the outset?

Help needed with this and much appreciated.

Yours failthfully,

Jennifur

phill99

If it was stated in the lease that you were responsible, then you, having a copy of the lease and being a leaseholder, could have easily seen this and you would have realised that it was your responsibility.


It was there in black and white.


You have to bear in mind that all maintenance costs ultimately are the responsibility of leaseholders. The MC are only a vehicle for managing the block and recovering leaseholders costs.

jennifurroberts

philll99

Thanks for replying.

This will go to third party arbitration and a decision will be given. I will keep everyone informed of the outcome.


Again, thanks for replying.

Yours sincerely,

Jennifur

Doozergirl

I agree with phill99. The leaseholders are always ultimately responsible for all costs incurred, whether it's paying to fix the heating or paying the managing agent to manage the building. The freeholder, nor the managing agent pay for anything.

There is no other pot of money. Even if there is a sinking fund that can be dipped into, the money came from the leaseholders.

jennifurroberts

Doozergirl,

It may well be the case the we pay and that is what I am expecting but I will exhaust all avenues to let them know our displeasure at the third-rate service we received.

Thanks for posting.

Best wishes,

Jennifur

phill99

jennifurroberts wrote: »

philll99

Thanks for replying.

This will go to third party arbitration and a decision will be given. I will keep everyone informed of the outcome.


Again, thanks for replying.

Yours sincerely,

Jennifur

I think you are wasting your time and money going to arbitration, when reading the lease will give you your answer.

Ectophile

jennifurroberts wrote: »

Doozergirl,

It may well be the case the we pay and that is what I am expecting but I will exhaust all avenues to let them know our displeasure at the third-rate service we received.

Thanks for posting.

Best wishes,

Jennifur

So when your heating went wrong, instead of having it fixed yourselves, you badgered the management company for two months to come and do it.


Then when they did fix it, and presented you with the bill, you told them that you're not paying.


And you're not happy? Imagine how they feel.