Management Company not Responding to Leaseholder Enquiry

Schwarzwald

 What are my options to get them to respond on my enquiry?

 

I bought a leasehold property in London.

The Freeholder is a Housing Association, which also acts as the Management Company of the terrace.

 

End of February (10 weeks ago) I raised an enquiry with them (via their online tool as well as on email) in regard to minor works on the property, effectively removing a wall.

According to the Lease I need to seek their consent for such works, such consent “not to be unreasonably withheld” by the Freeholder.

 I had followed up to my enquiry in writing/unsuccessful phone calls after 2,4,6,8 … weeks without success.

The Management Company/Freeholder keeps assigning the case internally to staff, such staff then telling me that they are not responsible after all, they then close the case without response, only to reopen it when I complain for lack of engagement .... and so on.. 

After more than 10 weeks, I am still without any substantive response.

I even received Listed Building Consent in the meantime as it is Grade-II listed. The delay is forcing me now to delay other works and builders that were scheduled to start working need to commence on other projects - so it is pushing out the entire schedule for other works in the apartment.

 I truly think that 10 weeks is a ridiculous amount of time and they have apologized in writing and verbally for their slow responses. I am starting to get why people are so fed up with Leasehold properties and having to deal with external parties like this.

 While trying to keep a respectful relationship with the relevant property manager of the terrace, I have escalated the case to their superior/manager and also told them that I consider them to be in breach of the Lease by now as they are “withholding consent without reason” (not sure if such a delay would legally be considered breach, but also doesnt hurt to dial up the language).

 But what can I effectively do to get them to act and get this matter resolved?

 Many thanks.

 

katejo

Schwarzwald said:

 What are my options to get them to respond on my enquiry?

 

I bought a leasehold property in London.

The Freeholder is a Housing Association, which also acts as the Management Company of the terrace.

 

End of February (10 weeks ago) I raised an enquiry with them (via their online tool as well as on email) in regard to minor works on the property, effectively removing a wall.

According to the Lease I need to seek their consent for such works, such consent “not to be unreasonably withheld” by the Freeholder.

 I had followed up to my enquiry in writing/unsuccessful phone calls after 2,4,6,8 … weeks without success.

The Management Company/Freeholder keeps assigning the case internally to staff, such staff then telling me that they are not responsible after all, they then close the case without response, only to reopen it when I complain for lack of engagement .... and so on.. 

After more than 10 weeks, I am still without any substantive response.

I even received Listed Building Consent in the meantime as it is Grade-II listed. The delay is forcing me now to delay other works and builders that were scheduled to start working need to commence on other projects - so it is pushing out the entire schedule for other works in the apartment.

 I truly think that 10 weeks is a ridiculous amount of time and they have apologized in writing and verbally for their slow responses. I am starting to get why people are so fed up with Leasehold properties and having to deal with external parties like this.

 While trying to keep a respectful relationship with the relevant property manager of the terrace, I have escalated the case to their superior/manager and also told them that I consider them to be in breach of the Lease by now as they are “withholding consent without reason” (not sure if such a delay would legally be considered breach, but also doesnt hurt to dial up the language).

 But what can I effectively do to get them to act and get this matter resolved?

 Many thanks.

 

My freeholder/management company was totally incompetent and/or a crook. Mine was a period property but not listed. The lease said that we were supposed to get permission for the slightest of changes (eg. painting the front door a different colour) but plenty of leaseholders did it including myself and I wasn't challenged. If it is a minor work, as you say, perhaps it would be sufficient (in the event of a later challenge) to keep records of all the attempts made by yourself and the unsatisfactory responses received. Have you tried asking for advice from one of the leasehold advisory bodies?

eddddy

Schwarzwald said:

 While trying to keep a respectful relationship with the relevant property manager of the terrace, I have escalated the case to their superior/manager and also told them that I consider them to be in breach of the Lease by now as they are “withholding consent without reason” (not sure if such a delay would legally be considered breach, but also doesnt hurt to dial up the language).

 

Essentially you're correct.

Section 19(2) of the Landlord & Tenant Act 1927 says that a freeholder cannot unreasonably withhold consent. A delay of 10 weeks is almost certainly equivalent to unreasonably withholding consent.

But I suspect you don't really want to start legal action against your freeholder yet - so maybe write a 'stern' letter telling them that you believe they're breaking the law and breaching your lease.


Except that you say... "I raised an enquiry with them (via their online tool as well as on email) in regard to minor works on the property"

So was that a formal application for consent for alterations - or was it an enquiry?  If it was just an enquiry, you need to make a formal written application, just to make sure.


You say that you want to remove a wall - presumably inside your apartment. Is it load bearing? Your freeholder might reasonably want to hire a building surveyor (and possibly a structural engineer) to look at your plans - to make sure you're not doing anything that reduces the structural integrity, fire protection, thermal insulation, sound insulation of the building; or doing anything that will have an adverse impact on your neighbours; or anything that breaches building regulations; or reduces the value of the building.

You will almost certainly have to pay for your freeholder's surveyor and engineer - even if they ultimately refuse to give you consent.

If your lease plan shows the wall that you are removing, you'll probably need to pay for a new lease plan as well.