Section 20 Landlord and Tenant Act 1985

heytoki

Hello all,
In October we received a Section 20 Notice of Intention to Carry out Work where it includes external structural repairs and wall tie replacements. This letter was to invite us to nominate any contractors we would wish to be included within the tendering process. 
In December we received a letter with the 3 Estimates, the company who will do the works and the bill to pay. 
The total bill for each leaseholder is £7K.
The works are due to start in May and the money is needed by April.
At the moment nobody has paid due the current Covid-19 situation. Some leaseholders might have lost their jobs, being furloughed plus safety when doing the works. 
As this has been put on hold some leaseholders have been investigating and apparently there are not engineered or survey report to confirm one of the works (included in the first letter sent in October) to be done which is the replacement of concrete lintels which is the most expensive part of the works.
My question is: Should the managing agency have sent first a letter indicating a Survey was going to take place, the results of the Survey and then the Section 20 Notice? or the above is the correct process?
Thanks

eddddy

I would have thought that the best time to challenge the planned was at the "Notice of Intention" stage, or failing that the "Notice of estimates".

The idea behind the 3 stages is to avoid what you are trying to do - i.e. the freeholder goes through the whole process, and then the leaseholders object right at the end. The first 2 stages are intended to get your objections in early, to save going back around the loop.

Having said that, it's certainly worth raising your concerns with the freeholder, even at this late stage.

[Deleted User]

Yeah, normally the stages are supposed to prevent this happening but obviously don't account for disasters like COVID-19 hitting. Best thing is to talk to them and ask for a delay - May is probably optimistic for them to start the work anyway the way the UK is going, currently the sick man of Europe again.

Make it clear you are not trying to stop the work being done, just that everyone needs a holiday on big expenditures right now. Mortgage and rent holidays are already happening, they should accommodate you.

Flatouted

I live in a leasehold flat. In December 2019 i was informed that work was needed to the roof. Prior to this I had no idea about the problems. My freeholder proceeded by putting up scaffolding and obtaining a list of works that needed carrying out. The scaffolding has been up since January, of course Corona virus has come along and delayed things. My guesstimate is that work won't start till at least August. They did not tell me that a surveyor had been, although  he did ring me and has now served a Section 20 notice of intention. Seeing as the correct legal procedure has not been followed does this mean they can only receive £250 from myself.

eddddy

Flatouted said:

I live in a leasehold flat. In December 2019 i was informed that work was needed to the roof. Prior to this I had no idea about the problems. My freeholder proceeded by putting up scaffolding and obtaining a list of works that needed carrying out. The scaffolding has been up since January, of course Corona virus has come along and delayed things. My guesstimate is that work won't start till at least August. They did not tell me that a surveyor had been, although  he did ring me and has now served a Section 20 notice of intention. Seeing as the correct legal procedure has not been followed does this mean they can only receive £250 from myself.

It's best to start a new thread, otherwise people start answering the wrong question - but anyway...


I'm not quite sure in what way you mean the correct procedure has not been followed, but I think it would be treated as 2 separate 'works'...

Works 1) Erect scaffolding for surveyor to inspect roof and report on repairs required
Works 2) Carry out roof repairs based on surveyor's recommendations

So your contribution to 'Works 1' would be limited to £250 (unless the freeholder gets a dispensation), and it sounds like there's a section 20 consultation for 'Works 2'.

I think a tribunal would see the above split as reasonable, and helpful to leaseholders.