Section 20 window replacement – scaffolding before notice & scope never updated

baet

Hi everyone,

I’m a leaseholder in a block managed by Torus and I would really appreciate advice from others who’ve gone through Section 20 major works.

We received a Section 20 notice in December 2023 for window replacement, but scaffolding had already been up since November, and a contractor had contacted me in October asking to measure the windows. The earlier QLTA notice (2022) even said no estimates would be shared because it was “too complex”, so transparency has been poor from the start.

I didn’t want my windows replaced, and later found out that two out of six flats didn’t have theirs changed (one other leaseholder and a Torus tenant). Yet Torus never issued an updated Section 20 notice reflecting this change or explaining how the costs would now be divided. I honestly don’t even know who’s being billed for what, as no revised documentation has ever been sent.

The estimate I got was around £10,000, with no itemised breakdown. Torus say the works were needed because the windows had reached “end of life”, but an inspector sent by them told me they were fine — just not compliant with a 2001 fire-escape regulation. However, my Fire Risk Assessment from purchase stated the PVCu windows were in good condition and compliant at the time, 2017.

I’ve gone through Stage 1 and Stage 2 complaints, and now have a case open with the Housing Ombudsman.

Has anyone here dealt with a Section 20 that was never updated after the scope of works changed? Or had success challenging the validity of the consultation?

Any insight or similar experience would be really appreciated! Thanks!

EssexHebridean

This sounds like another case of a freeholder being determined to do works at leaseholders expense regardless of whether they are necessary, or not. 

We went through a protracted challenge to a major works bill from 2010 to (I think, 2016) - but ours was mainly to do with poorly done work rather than S20 compliance. we did end up getting the overall cost down from £8k+ to £5.Xk though, so challenges can work - and that was without ending up involving the Leasehold Tribunal. 

eddddy

Ultimately, the way to challenge all the aspects you mention is by challenging the Service Charge Bill at a tribunal.

i.e. You would be telling the tribunal that the Service Charge Bill of £10k (or whatever) for replacing all the windows is not reasonable because...

• The windows didn't need replacing

• And/or the bill was for replacing 100 windows, but only 90 were replaced (or whatever)

• And/or whatever else

But it's probably important for a future tribunal case that you raise your concerns at every step of the way, and warn your freeholder that you are planning to take them to tribunal.


For example, the tribunal would probably take a dim view of you if you said nothing all the way through a section 20 consultation - and then when all the work is finished, suddenly raise concerns which you haven't mentioned before.

baet said:

...but scaffolding had already been up since November, and a contractor had contacted me in October asking to measure the windows. 

I guess it's possible that the scaffolding was put up in order to inspect the windows to see what condition they were in. And maybe to allow the contractors to inspect the windows, so that they could prepare quotes.

And similarly, the contractor might need to measure your windows internally to prepare quotes.

baet said:

Torus say the works were needed because the windows had reached “end of life”, but an inspector sent by them told me they were fine — just not compliant with a 2001 fire-escape regulation. However, my Fire Risk Assessment from purchase stated the PVCu windows were in good condition and compliant at the time, 2017.

Bear in mind that at a tribunal, it would be a case of putting forward evidence.

For example, if the freeholder has a report from a highly experienced RICS surveyor explaining why the windows need replacing...

... you might need a more compelling report from a highly experienced RICS surveyor explaining why the windows don't need replacing.


But it's also possible that the freeholder has no such report. Maybe you should ask them for all their evidence that the windows need replacing - and decide whether you can build a viable case to challenge their evidence.

fullyrendered

So it sounds like the landlord put a QLTA in place for the window replacement programme. You received a single stage Schedule 3 Section 20 notice that included the estimated cost.

Has the landlord made a demand for payment or taken your contribution from a sinking fund?

Have you been provided with the final account?

What does your lease say about how costs are apportioned? Do you pay 1/6th of the cost of all work? What share of the estimate did they indicate is yours? And same for the actual costs if provided?

What was the job role of the complaint handler? Why have they failed to answer your questions?

I'm not a fan of the Housing Ombudsman handling these sorts of issues, they should defer to the First Tier Tribunal - to apply and get to a directions hearing is a few hundred pounds, and a good judge will make sure you understand everything that is going on, and if the landlord is clearly doing something wrong, 'direct' them to resolve the issue before taking it further to mediation or a full hearing.