Managing Agents Refuse Sighting of Works Contract
Chris Brady
Middlesex. The managing agents and freeholder is a firm of estate
agents. We have the external decorators at the flats right now, busily
painting each flat's window frames and cills. They're painting
directly over the old paint without cleaning it first, and painting
over the old and cracked putty thereby sealing in the damp and the
dirt.
The managing agents engaged the contractors without references to us
the leaseholders and without proper tender. We have had them before a
couple of year's ago and their workmanship was appalling then. They
are charging £6,000 (about £220 per flat). This will be added to the
already high service charge. The contractors are not registered for
VAT. They do not belong to any professional body to ensure quality of
workmanship.
We have written to the managing agents to request sight of the
contract of works, basically to check up on exactly what the
contractors are supposed to be doing as opposed what they are actually
doing. However this request has been refused. We have been told that
we can only sight the details of the contract at the agent's office in
Walton in Surrey during the working week between normal working hours.
Its quite impossible for anyone to take annual leave &/or to travel
down to Walton to sight this contract.
How can we obtain a copy of this contract if the managing agents are
refusing to send us a copy? One copy would be enough; I could Xerox it
and let other leaseholders have it.
What do we do if - like a few year's ago - the workmanship turns out
to be shoddy again?
There is no chance of buying the freehold because most of the flats
are sublet to tenants, and the owners are nowhere nearby.
Many thanks - CJB.
GB
"Chris Brady" <chrisjbrad...@yahoo.co.uk> wrote in message
news:63cda97d.04101...@posting.google.com...
> We are in a purpose built block of 36 leasehold flats near Heathrow in
> Middlesex. The managing agents and freeholder is a firm of estate
> agents. We have the external decorators at the flats right now, busily
> painting each flat's window frames and cills. They're painting
> directly over the old paint without cleaning it first, and painting
> over the old and cracked putty thereby sealing in the damp and the
> dirt.
>
> The managing agents engaged the contractors without references to us
> the leaseholders and without proper tender.
SNIP
Why not cut the Gordian Knot? There is a new right for leaseholders to take
over the menagement of their block. It came into effect this summer. Why
don't you ask the other leaseholders if they are interested.
Unlike the old option of buying the freehold, you can take over the
management without paying anything. If the other leaseholders are
interested, you should get legal advice on how to go about this.
Francis Davey
This is true: you could organise a Right to Manage company, or
alternatively ask an LVT to appoint a manager for you. In either case,
you will be "solving" the problem for the future, it sounds like your
present difficulty is the work that is being done.
If the landlord hasn't carried out their consultation requirements
under section 20 of the Landlord and Tenant Act 1985 (as amended),
which would require them to canvass your views on a contractor from
whom to obtain a quotation, then the amount they could recover under
the lease from you as a service charge would be severely capped
(subject to various caveats and so on).
Also check out section 19 of the Landlord and Tenant Act 1985: service
charges are only payable to the extent that they are reasonable.
Reasonable includes: reasonably incurred and to a reasonable standard.
Both might not be true in your case, though you would be well advised
to collect evidence (such as photographs/witness statements) and if
you wished to challenge it you might need an expert to give evidence.
For further advice, you could try talking to LEASE:
http://www.lease-advice.org/main.htm
Most law centres and CAB's are not likely to be much help, though a
friend of mine has started doing leasehold advice at the Mary Ward
Legal Advice Centre in Bloomsbury. No idea if they will accept clients
from Heathrow.
We (he and I) have written a book called "Leasehold Disputes: taking
your case to the LVT" (Francis Davey and Justin Bates) published by
the Legal Action Group . It ought to explain some of the law
involved, but also address some of the practicalities (such as how
LVT's react).
The College of Law in Store Street off Tottenham Court Road, run a
legal advice centre which is staffed by students. Though they haven't
a lot of experience, they can be a useful source of advice since they
are supervised by people who are experienced and are often prepared to
put a lot of work in for a client: you sound like you would be in
their core client group.
There are a lot of issues that might be important (such as the wording
of your lease) so you would be well advised to see someone who can sit
down and think about it.
Hope that helps.
Francis Davey