S20 Consultation Process - Single leasehold and fair proportion.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    S20 Consultation Process - Single leasehold and fair proportion.

    It's coming to that time again where the exterior of the property requires re-decoration. It's a converted house with 2 x flats. I (long leaseholder) live on the ground floor which has a large basement with no outside access and the freeholder rents out the above flat which is on two levels, 2 bedrooms with windows being at the top level. I pay 50% of the buildings insurance monthly and there are no service or ground rent charges.

    In the past the freeholder has arranged decoration of the exterior and then submitted a bill for 50% payment which I have paid.

    I have two questions....

    1. Is the freeholder exempt from using the S20 process because it is only one leasehold.
    2. Scaffolding will be required at 2 levels to get to the top two bedrooms. Am I right in saying that I only need to pay 50% towards the first level of scaffolding. The rest is down to the freeholder.

    I look forward to your reply,

    Lat.

    #2
    Nowhere in the definition of section 20 can I even find a limitation to flats, let alone to the number of long leases.

    If the lease specifies 50%, you have to pay 50% of all the scaffolding costs.

    If the lease says a reasonable proportion, only the FTT can answer and their answer may not be consistent.

    I f doesn't mention the costs at all, you have a defective lease, or you don't have to pay anything.

    Both the insurance and the charge for these works are service charge payments.

    Can you confirm that the freeholder is the one that has to redecorate?

    Comment


      #3
      You are entitled to be consulted about the works. What does the lease say regarding your share of expenditure? It would be unusual to split the cost of scaffolding and difficult to prove.

      Comment


        #4
        Nowhere in the definition of section 20 can I even find a limitation to flats, let alone to the number of long leases.

        If the lease specifies 50%, you have to pay 50% of all the scaffolding costs.

        If the lease says a reasonable proportion, only the FTT can answer and their answer may not be consistent.

        I f doesn't mention the costs at all, you have a defective lease, or you don't have to pay anything.

        Both the insurance and the charge for these works are service charge payments.

        Originally posted by leaseholder64 View Post
        Can you confirm that the freeholder is the one that has to redecorate?
        Yes, it is the freeholder that engages his contractors to do the work. Last time I presented 3 alternatives quotes from reputable decorating companies which were half the price of his contractors quote but he insisted we use his contractors.

        Comment


          #5
          It is not who engages the contractors, but who covenants to do the work that matters.

          Comment


            #6
            If the freeholder is responsible for the redecoration under the terms of the lease, he has the right to choose which contractor to use. He only needs to take your comments into consideration, he is not obliged to accept the lowest quote. You can apply to the First Tier Tribunal on the grounds that the charges are unreasonable and refer to your quotes. The freeholder would then be asked to explain why he chose his contractors. The Tribunal would then determine whether or not the freeholder acted reasonably. If your quotes are from reputable contractors and they are like for like and for half the price, it is difficult to see how the freeholder acted reasonably.

            Comment

            Latest Activity

            Collapse

            Working...
            X