How long does a section 20 last?

bouicca21

The freeholder issued a section 20 a year ago covering various works including roof repairs to the en bloc garages. The works have been carried out but no estimate has been received for the garages.  The idea of knocking them down and rebuilding has been floated but no estimates of costs.

My garage roof is in desperate need of repair. The others aren’t as bad. I cannot get an answer from the management company about whether they intend to repair the garages or to cost removal and rebuilding.  The lease allows the freeholder to repair but does not compel the freeholder to do so.  According to leasehold advisory the garage owners are each responsible for their own.

My quandary therefore is whether to go ahead and pay for my own repairs, or whether the freeholder will decide to act.  Obviously I don’t want to shell out if I will end up paying twice.

What does the collective wisdom suggest I do?  If I get no response to my latest request within say 2 weeks, would the next step be a solicitor’s letter demanding a response?  An approach to leasehold advisory to intervene?

eddddy

bouicca21 said:

The lease allows the freeholder to repair but does not compel the freeholder to do so.  According to leasehold advisory the garage owners are each responsible for their own.

That sounds like a very strange lease term.

There must be somebody who is 'compelled' by the lease to maintain and repair the garages. If not, it would be a defective lease.


The lease would normally either say that

1. the leaseholder is responsible for repairing and maintaining their own garage, or
2. the freeholder is responsible for repairing and maintaining all the garages (and will re-charge via service charges)

If work on the garages was included in the s20 consultation, it suggests option 2. (Unless the freeholder made a mistake).

bouicca21

I know it’s strange but I checked it with leasehold advisory.  It allows but does not compel the freeholder to repair. I think we as lessees all thought it was a freeholder responsibility but we are wrong.  Each lessee is responsible for their own.  That’s fine, I’ll happily pay to repair but having a section 20 hanging over me is the problem.  Do they ever expire? The management company simply won’t respond to my attempt to clarify the intention.

eddddy

bouicca21 said:

....having a section 20 hanging over me is the problem.  Do they ever expire? The management company simply won’t respond to my attempt to clarify the intention.

The answer isn't simple.

The law doesn't specify a time limit for starting the work following a s20 consultation.

But in simple terms, there shouldn't be an unreasonable delay in starting the work. If you think there's been an unreasonable delay, you can go to a tribunal to challenge having to pay your contribution.

The court would look at your arguments and the freeholder's arguments, and decide whether the delay was reasonable.

In a case called "Jastrzembski v Westminster City Council [2013]", the freeholder took over 2 years to start the work. The court decided that was unreasonable, and ruled that the leaseholder only had to pay £250, instead of the full £9k contribution.

But your freeholder could get round that by doing another s20 consultation, before starting the work.