Legal leverage to get MA to act

williamcroome

Hello. Apologies if in wrong forum. 

I am a a leaseholder with part ownership of freehold in block of flats. 

There is water leaking from roof and through a wall and although managing agents are acting, they are doing do very slowly. Over a year has passed without the issues being resolved. There is now mould growing. 

What legal leverage can I apply to make them organise and get the problems resolved quicker.

Thry are part if the PRS if that is any help. But I wondered if any other bodies could be contacted.

Thanks. 

chanz4

why not complain to the prs

eddddy

williamcroome said:

I am a a leaseholder with part ownership of freehold in block of flats. 

What kind of lease setup do you have? Is it a 'typical' one like this...?

• Does the lease say Freeholder is responsible for repairing the roof etc?

• The Freeholder is employing a managing agent to carry out the freeholder's responsibilities (like repairing the roof)

If so, it would mean that you and your neighbours (as joint freeholders) have employed the managing agent, and that managing agent is not doing the job you employed them to do very well.

So you and your neighbours (as joint freeholders) treat this in the same way you would if you'd hired a plumber, an accountant, a cleaner or an estate agent that's doing a poor job. Maybe you (jointly) start by asking them to explain themselves, and ultimately perhaps you (jointly) sack them - subject to notice periods etc.


Are some of the joint freeholders 'directors' or similar, who are responsible for managing the managing agents? If so, maybe tell those 'directors' that the managing agents don't seem to be doing a good job, and might need 'talking to'.

williamcroome

Thank you @eddddy for your response and it is like you say. The committee/diectors were looking to replace the MA but at AGM decided to continue albeit with a different person. 

The problem is the damp only really impacts our flat so while the committee sympathise and make noises there really isn't the level of pressure on the MA that I would want.

So I am looking at other angles to put pressure directly on MA or on directors (if this is the more correct way to go about it) that would make action happen more quickly.

Countless emails showing state of damage etc don't seem to move things on, many excuses given. If I could find a way to potentially slap a fine on MA due to letting things slip being a health hazard, then this might focus the mind.

williamcroome

chanz4 said:

why not complain to the prs

Yes, I could follow this up. Reading through the PRS website I would put in a complaint, wait 8 weeks and then the MA would say they are looking at the issue, which in some ways have done, it's just taken over a year and still no date for exterior to be repaired etc.

I also suspect the committee on trying to keep accounts healthy are not pushing these major jobs. 

But I suppose all this in a message to PRS can't hurt. 

eddddy

williamcroome said:

Thank you @eddddy for your response and it is like you say. The committee/diectors were looking to replace the MA but at AGM decided to continue albeit with a different person. 

The problem is the damp only really impacts our flat so while the committee sympathise and make noises there really isn't the level of pressure on the MA that I would want.

So I am looking at other angles to put pressure directly on MA or on directors (if this is the more correct way to go about it) that would make action happen more quickly.

Countless emails showing state of damage etc don't seem to move things on, many excuses given. If I could find a way to potentially slap a fine on MA due to letting things slip being a health hazard, then this might focus the mind.

Technically, your dispute as a leaseholder is with your directors / committee / joint freeholders.

You could take legal action (or threaten to take legal action) against them, but I guess that could be unpleasant - as they're your neighbours.

Perhaps you need to try to find out more about what exactly is happening behind the scenes. Are the directors / committee really pushing the managing agents to deal with the roof? If so, what do the managing agents say?

Or, for example, are the directors /committee trying to save money by not getting the roof repaired?



If you complain to the PRS, if the PRS agree that the Managing Agent has given poor service (slow to act etc), they might order the Managing Agent to pay you about £200 in compensation for the resulting aggravation - if the poor service is the managing agent's fault. But the PRS can't force them to repair the roof.

But perhaps an investigation by the PRS will find out who is the cause of the delay and why.

williamcroome

eddddy said:

williamcroome said:

Thank you @eddddy for your response and it is like you say. The committee/diectors were looking to replace the MA but at AGM decided to continue albeit with a different person. 

The problem is the damp only really impacts our flat so while the committee sympathise and make noises there really isn't the level of pressure on the MA that I would want.

So I am looking at other angles to put pressure directly on MA or on directors (if this is the more correct way to go about it) that would make action happen more quickly.

Countless emails showing state of damage etc don't seem to move things on, many excuses given. If I could find a way to potentially slap a fine on MA due to letting things slip being a health hazard, then this might focus the mind.

Technically, your dispute as a leaseholder is with your directors / committee / joint freeholders.

You could take legal action (or threaten to take legal action) against them, but I guess that could be unpleasant - as they're your neighbours.

Perhaps you need to try to find out more about what exactly is happening behind the scenes. Are the directors / committee really pushing the managing agents to deal with the roof? If so, what do the managing agents say?

Or, for example, are the directors /committee trying to save money by not getting the roof repaired?



If you complain to the PRS, if the PRS agree that the Managing Agent has given poor service (slow to act etc), they might order the Managing Agent to pay you about £200 in compensation for the resulting aggravation - if the poor service is the managing agent's fault. But the PRS can't force them to repair the roof.

But perhaps an investigation by the PRS will find out who is the cause of the delay and why.

As far as I can assertain the directors are trying to persue things but the MA is holding them up. For example they have given to go ahaid for repairs but nothing has been booked in. 

With water dripping down emails to MA have been ignored and calling today resulted in no answers. 

I think though when the bad stuff is not affecting everyone directors don't feel the absolute necessity to change MA which of course brings its own issues. 

PRS can't force them to repair the roof is probably the point here. I obviously don't want to sue freeholders and neighbours. But maybe the threat of a fine from Env or similar may help focus the mind of the MA.