Section 20

slipthru

Some works mentioned on the section 20 I've received are actually the responsibility of the leaseholder, do I mention this on the consultation? Can we be forced to pay for work required for flats owned by other leaseholders?

silvercar

In certain circumstances, work deemed necessary can be billed to the leaseholders, if they have the obligation to pay. If they can't won't pay then the freeholder can do the work at a cost to all the leaseholders and seek reimbursement from the errant leaseholders. At worst they can try and force relinquishing the lease, but most often it is a case of registering a charge against the lease, so that they get the money back when the property is sold, or chasing the mortgage lender for reimbursement.

So it is possible in theory, but eventually the costs are born by the leaseholders and returned to the central funds.

If the freeholder/ managing agent aren't aware that the costs should be born by the leaseholders, you should definitely point this out.

ExEstateAgent

I'm in dialogue with my MA at the moment as they issued a Section 20 for works which I am sure are the responsibility of individual leaseholders.

I know how to read a lease. They are now taking legal advice apparently.

eddddy

slipthru said

Some works mentioned on the section 20 I've received are actually the responsibility of the leaseholder, do I mention this on the consultation?

Yes - you should state this as part of your observations during the section 20 process, to give the freeholder/management company the opportunity to investigate it.

Ultimately, you might want to challenge the Service Charge bill at a tribunal, if you're being asked to wrongly pay for stuff. And tribunals often expect you to have raised the issue with the freeholder/management company during the consultation.

slipthru said

Can we be forced to pay for work required for flats owned by other leaseholders?

You can only be forced to pay for work that your lease says you must pay for.

slipthru

https://forums.moneysavingexpert.com/discussion/comment/82006643#Comment_82006643

Hopefully it gets resolved quickly. It's crazy they need to take legal advice.

https://forums.moneysavingexpert.com/discussion/comment/82006731#Comment_82006731

I've responded to them now and added screenshots of the relevant sections of the lease to so hopefully they, will check now.

I did actually email them a few months ago showing them it was my responsibility as I want to get my windows draft proofed and balanced correctly, but they said they couldn't check the lease at that time.