Section 20 - Repair Liability

Brightfox78

I have a leasehold flat. Other residents in the block are having their lintels and upvc windows replaced. Am I responsible for paying towards these costs? I have had a look at my lease and feel these repairs are not included in the “Maintained Parts” (for which i accept liability for)

See attached screenshot with lease definition of “Maintained Parts” for which i am liable to contribute towards… these do not include the upvc windows or lintels...

Any thoughts?

eddddy

I guess when you say the upvc windows will be replaced, you mean the 'upvc window frames'. As you say, 'window frames' appear to be excluded from the 'maintained parts' in the lease.

So each leaseholder would probably be responsible for their own window frames.

The lintels are less clear. They are arguably "structural parts of the block of flats" (as mentioned in the 4th part).




BUT... are existing lintels being replaced? (And/or were lintels in place when the lease was first granted?)

Or are lintels being introduced because the old (timber?) window frames are load bearing, and the new upvc window frames won't be?

If that's the case, you might be able to argue that the lintels are required because of the type of window each leaseholder is installing. So the lintels are the leaseholders' responsibility.


You should definitely point out these issues (in writing) to the freeholder/management company, and see what they say.

Brightfox78

These are excellent points!! I am very grateful for your valuable response.

Presumably, I would not be responsible for the internal plastering, painting or redecorating for work in other flats either.

The total cost to replace lintel and windows is over £200,000 amongst 16 leaseholders. Though, i will not benefit from the work.

Is it worth asking the freeholder or managing agent to split my bill to just work done to the "maintained parts". Do you think they would oblige or could they refuse to do this ?

I am thinking of "Paying under Protest" and claiming back later. The block management company are not very good.

eddddy

Brightfox78 said:

Presumably, I would not be responsible for the internal plastering, painting or redecorating for work in other flats either.

Assuming that the upvc window frames are the leaseholder's responsibility, any plastering etc resulting from their replacement should also be the leaseholder's responsibility. So you shouldn't have to contribute to those costs.


If it's determined that the lintels are "maintained parts" - then any plastering etc that results from replacing the lintels might require a contribution from you.

Brightfox78 said:

Is it worth asking the freeholder or managing agent to split my bill to just work done to the "maintained parts". Do you think they would oblige or could they refuse to do this ?

I am thinking of "Paying under Protest" and claiming back later. The block management company are not very good.

In simple terms, I assume your lease says that you have to contribute 1/16th of the cost of work on the "Maintained Parts"  - so that's all they can charge you for.


If you raise your concerns to the managing agent, there's probably 2 ways it could go...


Option 1

• Before doing the work, the managing agent applies to a tribunal for a determination (ruling) that the charge is payable by you.

• i.e. The tribunal will read the lease, and decide whether or not you have to pay 1/16th of the £200k - or whether you should pay less (or even pay nothing)

Option 2

• The managing agent might ignore your protests, and go ahead anyway - and send you a bill for 1/16th of the £200k

• As you say, you should pay the full amount under protest

• Then you can apply to a tribunal to challenge the amount. (Again, the tribunal will read the lease, and make their decision)

• This approach might be higher risk for the managing agent. If the tribunal agrees you have to pay less, the managing agent will probably have to cover the shortfall from their own money (not the service charge).

(Or option 3 - the managing agent agrees with your interpretation of the lease, and tells the leaseholders to sort out their own windows.)

Brightfox78

Thanks for your very expert opinion again.

The flats are 2 storey and the lintels are steel and have corroded.

At the moment the total bill is 1/ 16th of £200K, which is £12,500 per leaseholder.

The block management company should be able to make a specific bill for work to "maintained parts" using their appointed surveyor, perhaps they can give me a breakdown of the reduced bill, itemizing work. 

I guess other leaseholders benefiting from the works, may have there bills increased to take into account the windows.

It might come to "paying under protest"  and reclaim from tribunal at later date, presumably they would also include loss of interest.

eddddy

Brightfox78 said:

I guess other leaseholders benefiting from the works, may have there bills increased to take into account the windows.

Not really. If the window frames are the leaseholders' responsibility, the managing agent shouldn't get involved in replacing them. The leaseholders should arrange and pay for replacement.


But if the lintels are part of the "Maintained Parts" - then the managing agent should just replace those, and charge each leaseholder 1/16th.



But if I was a 'nice' managing agent, I might write something like this to the leaseholders...

"Just a reminder that you are responsible for maintaining and repairing your window frames. Failing to do so is a breach of your lease.

Contractors will be putting up scaffolding to replace the lintels above the window frames.

So if you want your window frames replaced, this might be a good time to do it. The firm replacing the lintels can also install new window frames. They can prepare a quote for you, and you would pay them direct.

That way, they won't charge you for the scaffolding (as it will already be there), and they might offer a better 'bulk price' if lots of leaseholders have their windows replaced at the same time."



But I'm making lots of assumptions here - without reading your full lease, and without knowing any background. So the managing agent might introduce more info, which completely changes the situation.

Plus it might be impossible to just replace the lintels without damaging the windows - which would make things less clear. For example, the managing agent might argue...

• We have to replace the lintels...
• In doing so we would wreck your window frames
• So we'll put things right by putting in new windows frames to replace the ones we've wrecked
• (But couldn't they take out the old window frames and put them back in again?)

So as I say, perhaps the starting point is to ask the managing agent why they are asking you to pay for other leaseholders' window frames (and lintels).

Brightfox78

Thanks again, the cost of windows, plus £2K just for the separate disposal of old units, have been included in the section 20, contract estimate. So it appears,  the block management company are ploughing on &  paying for the upvc units despite lease. I'm interested in their rationale.

They are curved windows and lintels, so will need to be specifically designed and are non-standard. The structural survey noted the windows are very old and the seals are all blown, together with corroded steel lintels, these are causing  damp issues in some of the leaseholders flat. Hence, the reason for the works.

As you suggest, i'll ask them how they intend to split the bill and a rationale as a starter.