Freeholder Repairs to Communal Areas

RPF1992

Hi All, 

I am sure this questions has been asked a million times but hopefully you can help!?

We have moved into a new build block of flats and after 1.5 years, the hallways have started to look really shoddy, particularly with the skirting boards starting to crack and silicone beading starting to crumble away. As a collective, we and our neighbours have asked the developers to do something about it and after a year of chasing, they sent someone in to do it. 

However, the work is really shoddy and the developer / freeholder has used a cash in hand labourer, rather than a reputable decorating company. I know this is the case, as it is the same guy who did some odd jobs for us in a previous house... and was useless then! 

My question is... Are the developers obligated to use a reputable, registered company for any jobs performed on the property and if so, are they obliged to provide evidence, under section 20, of the invoices of any jobs completed on site? I am going to challenge the remedial work done, as it is awful but just wanted to make sure I am going in with the correct information and that there is something that can be done to challenge the developers / freeholders cutting corners? 

Thanks in advance! 

cc58

It very much depends on your original contract. I used to live in a development with a split of shared ownership, private & H.A flats and the general consensus we had was it depends on the amount of money being spent. By asking them to carry out the work, which you have, you've already approved of it. As the freeholder they're able to choose a person of their choice to complete the works. I vaguely remember hearing anything over £20k or anything that was a long term commitment at my old place had to get approval but it was only approval from other board members of the H.A.

Realistically when you're a leaseholde you have very few rights sadly. It's a system that needs alot of reform imo as whenever you want anything it takes years, whenever anything goes wrong and you're liable they want your money instantly. 

starving_artist

See points 2.7, 4.3 and 4.4 here: https://www.lease-advice.org/advice-guide/service-charges-other-issues/