Prisoner in her house

missile · 30 January 2020 at 12:30PM

I own a property in a development of 109 freehold properties in 6 blocks. Each block has a lift. We do have a Management Agent.

One block required a replacement door operator. It took quite a while for the agent to contact and get approval from 50+% of the owners per deed of conditions. Agent was in no hurry as he considers lift as a "convenience". He advised that had 50+% approval not been achieved the lift would not have been repaired. Please be advised; the resident is disabled and unable to climb 12 flights of stairs and as a result was a virtual prisoner in the property. The agent has not carried out a risk assessment.

Agent does not share my opinion that lift repair is "essential maintenance" as there is no definition for what is essential maintenance in the deeds.
This is important because essential maintenance does not require pre approval by owners.

To avoid a similar delay in the future, I have suggested a compromise where agent could request pre-approval for lift repairs. Agent has declined.

I would appreciate your advice.

[Deleted User] · 30 January 2020 at 11:44PM

Such situations are difficult to advise on as we would need to see a copy of the freehold, I would suggest a chat with someone at CAB or failing that getting some legal advice.