Large bill from management company

CleverFable

Hi everyone, 

I'm hoping I'm posting in the right place...I just need some advice about a situation that has arisen today. 
I am in a flat that I own (mortgaged) that is run by a management company. They have just sent me an estimate for works for replacing the windows and doors in the whole block, for £14,000! 
Aside from the fact that I do not have £14,000 to pay this, I had my windows replaced at my own cost in 2021, as stated in my lease that I was responsible for these. There was also a small issue when I asked for the permission for these to be replaced when I was given incorrect advice from the management company (they said they would do it, then went back on this) so ultimately I was given permission and replaced these myself.

I'm just wondering where I stand on this bill. I have previously been told by the management company that I would only be required to contribute towards costs relating to my property, so I don't feel that I should have to contribute to the costs of the other properties - plus I don't feel like mine should be done at all as they are new! I have contacted the management multiple times about this (after receiving a few letters - a year after my works had been done - saying that the block was due to have their windows replaced) and it feels like they are just going to carry on ignoring me about it. 

I have contacted them again today - but what do I do if I can't pay it? There are a few people in the block that definitely would not be able to pay that amount, I certainly don't have that kind of money lying around!
Has anyone had any experience of this? I don't feel I should pay this huge amount, I don't need my windows replacing
To make matters worse, I am actually in the final stages of selling the property (and i'm unlikely to have that amount left over after new house deposits/fees etc) and I also feel I can't lump it on the new buyer.

I'm feeling very stressed out about it and just not sure what I can do, even if no one has had similar it just helps to have a sounding board!

propertyrental

Are you sure the £14,000 is your share of the bill? Not the total bill for the building?

If "stated in my lease that I was responsible for these.", what exactly does the lease say? Please quote.

You say " I was given permission and replaced these myself." Have you still got a copy of this permission? what exactly does the permission say? Please quote.

daveyjp

Has the s20 process been followed?

https://www.lease-advice.org/faq/what-is-the-section-20-consultation-process-for-major-works/

Jonboy_1984

In the block we used to live in we were responsible for the windows in our flat ourselves, and contributing towards the costs of upkeep/replacement of the communal doors and windows (front entrance, windows & internal fire doors in corridors). 

How big is the block and how many communal doors and windows are there in the whole block?

eddddy

Just to make sure - are the windows in question definitely within flats? As opposed to windows in communal areas (like the lobby, corridors and stair wells.)


In sounds like your management company is doing a Section 20 Consultation - and it has reached Stage 2.

For stage 1, you should have received a "notice of intention to carry out works", and you should have been given 30 days to "make observations".

Hopefully, you submitted your formal written observation/complaint (as you've described) during that period. If not, make it clear now that you are making a formal observation relating to the section 20 consultation - i.e. You don't believe you are liable for this cost, because of what the management company told you before.

You can also ask them to specify which clauses in the lease they believe makes you liable to pay this charge.


If you don't make your objections clear at the outset, it makes it harder to challenge them at a tribunal. The tribunal might essentially say "You should have said something before they spent £14k on windows, so that they could have taken legal advice etc. It's not really fair to say nothing and let them spend the £14k on windows, and then complain." . And so the tribunal are less likely to side with you.

CleverFable

Thanks for your replies

propertyrental said:

Are you sure the £14,000 is your share of the bill? Not the total bill for the building?

If "stated in my lease that I was responsible for these.", what exactly does the lease say? Please quote.

You say " I was given permission and replaced these myself." Have you still got a copy of this permission? what exactly does the permission say? Please quote.

Yes the full amount is for £160,000+ and is divided between 11 flats (the 12 is RA and exempt).

In my lease it says:


and the opposite for the 'tenant' section.

I do indeed have a copy of the permission, it says 'I am pleased to confirm that Metropolitan has no objection to you making the following alterations / improvements to your home:  Replace the windows and door' and this was a "consent to alter" letter.

Jonboy_1984 said:

In the block we used to live in we were responsible for the windows in our flat ourselves, and contributing towards the costs of upkeep/replacement of the communal doors and windows (front entrance, windows & internal fire doors in corridors). 

How big is the block and how many communal doors and windows are there in the whole block?

There are 12 flats (ground, 1st and 2nd floor) and there are three communal windows in the stairwells.

eddddy said:

Just to make sure - are the windows in question definitely within flats? As opposed to windows in communal areas (like the lobby, corridors and stair wells.)


In sounds like your management company is doing a Section 20 Consultation - and it has reached Stage 2.

For stage 1, you should have received a "notice of intention to carry out works", and you should have been given 30 days to "make observations".

Hopefully, you submitted your formal written observation/complaint (as you've described) during that period. If not, make it clear now that you are making a formal observation relating to the section 20 consultation - i.e. You don't believe you are liable for this cost, because of what the management company told you before.

You can also ask them to specify which clauses in the lease they believe makes you liable to pay this charge.


If you don't make your objections clear at the outset, it makes it harder to challenge them at a tribunal. The tribunal might essentially say "You should have said something before they spent £14k on windows, so that they could have taken legal advice etc. It's not really fair to say nothing and let them spend the £14k on windows, and then complain." . And so the tribunal are less likely to side with you.

Yes within flats, as stated above there are only 3 communal windows and I don't think these would be that expensive!
I am at Stage 1 at the moment luckily and have received the section 20 today, hence the panic mode that I would potentially be responsible for a £14,000 bill. I have written in my formal observation/complaint today but I was looking on here too incase anyone can help guide

Also to note, it says on their own website that 'homeowners' are responsible for windows etc (not them) and in a previous section 20 that they sent it also stated 'you will only be required to contribute towards costs for works that relate to your property and in accordance with your lease' and according to this I have done exactly as I should and replaced the windows myself, hence why I do not believe I should pay this bill! 

user1977

It would help to see the rest of the Lease, but are you sure you don't have liability for the windows/doors in question? What were you advised by your solicitor when you bought?

CleverFable

This is the part of the Lease covering windows (bottom paragraph):



Similarly this is written on their website under "homeowners"



It didn't come up with the solicitors when I bought it.

CleverFable

I'm not sure if they've loaded

CleverFable

And the website

diystarter7

Hi OP
sorry to hear about that but over the years when I worked, I used to hear about one story like this ever 18/24 months.

To all, when buying an apartment and the bigger the block the bigger the bill.

The poeple my clients had taken advantage of the previous right to buy offer and felt good. Then a few years later
the tall block of flats in london, tall and wide needed new windows, lighting, new roof ie convert to pitched, now heating etc etc - the bill share was around 26 k from mem and these people were one of the few that had bought the place the 100/150 flats were coucil owned and did not have to pay - not sure what they did re money but they were crying

Always be aware the repsosiblites with a lease flat/apartment


I hope there has been a misunderstanding on management side and it is cleared up soon

Thnaks