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    • Taiko
    • By Taiko 29th Nov 17, 8:45 PM
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    Taiko
    Section 20 - Framework agreements. Consultation needed?
    • #1
    • 29th Nov 17, 8:45 PM
    Section 20 - Framework agreements. Consultation needed? 29th Nov 17 at 8:45 PM
    Not sure if this is the right place to post this one, but I'm currently in the middle of a long service charge dispute with the freeholder of my flat, who are a housing association. The property is 100% owned, albeit with a small mortgage.

    I've been trying with limited success to get them to produce invoices for various parts of the service charge, and in the process of doing so have found a few bits about how they purchase electricity and gas supplies. They are doing so via a framework agreement, which had to go via OJEU under Public Contract Regulations. Previous period was using the below OJEU notice:

    http://england.unitedkingdom-tenders.co.uk/31742_The_Contracting_Authority_wishes_to_establis h_a_framework_agreement_for_use_by_or_on_behalf_of _2012_Newcastle-under-Lyme

    The contracting authority was not my freeholder, they just opted to use this for procurement, They are not specifically named within the publication.

    There's also a new framework recently created, which they are named specifically in, at https://www.sell2wales.gov.wales/search/show/search_view.aspx?ID=AUG150272.


    The communal energy charges are high for my block as it is, and I'm aware that in other developments of theirs the tenants are charged even more, well in excess of the 100 threshold for services.

    I've asked for confirmation of the Section 20 notice for the procurement, but I've been told by the HA that it's not needed as, although they use the framework agreement, they only contract via a mini-competition with those suppliers for 12 months at a time, and believe therefore it's not a long term qualifying agreement. I believe the framework agreement itself is though, more so based on the Leasehold Advisory Service information about frameworks, specifically a Royal Borough of Kensington Upper Tier Tribunal case in 2015 which says they can be.

    If anyone is familiar with Section 20, could I possibly have your thoughts either way? For myself, it would equate to around an 80 per year refund if it were capped at 100, but I know that for their residents in some other schemes, where they are forced onto district heating, that potentially it could be several hundred.
Page 1
    • Taiko
    • By Taiko 30th Nov 17, 6:29 PM
    • 2,520 Posts
    • 2,365 Thanks
    Taiko
    • #2
    • 30th Nov 17, 6:29 PM
    • #2
    • 30th Nov 17, 6:29 PM
    Any thoughts at all?
    • G_M
    • By G_M 30th Nov 17, 7:33 PM
    • 44,085 Posts
    • 52,224 Thanks
    G_M
    • #3
    • 30th Nov 17, 7:33 PM
    • #3
    • 30th Nov 17, 7:33 PM
    https://www.lease-advice.org/
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