Major Works

[HLU1982]

Hi

I own an ex local authority flat and just been sent a £50k estimate to essentially replace 5 windows. Mental.

I replied to their notice asking questions such as "what type of windows", "can I see the detailed estimates", etc.

I finally received a reply 35 days later (legally supposed to be 21 days) and they admitted they didn't even know what windows they were planning on fitting and I received no detail.

I referred to my lease for the rules and regulations and it states I must refer to the Major Works handbook. I requested that almost 2 months ago and chased and still not received despite saying they would reply within 10 days.

As the landlord is breaching their responsibilities can I refuse to pay when the time comes?

I've keep reading the landlord must reply within 21 days but not what happens if they don't.

Thanks in advance
Helen

[ram]

Is the estimate marked S 21 consultation, if so, that will be the total for the block of flats, and not just yours.
Read your lease regarding who owns the window frames / and or glass.. freeholder or leaseholder.
Get back to us members on above please.

[ram]

Sorry, meant S 20 consultation. S 21 is for evicting rent paying sub-tenants, and was just reading my solicitors court draft for none payment of rent

[HLU1982]

Hi Ram - yes S20. They have quoted a price for the block and then given me my proportion which is 50k. I own the glass not the frames, as previously they told me I had to replace the glass, but they have since said they are responsible overall. My main query though is they did not reply within the specified 21 days and still have not provided the Major Works handbook. What can I do about this? Is there a penalty that can be imposed on them ?

[leaseholder64]

The Daejan ruling means that there is no longer anything that amounts to a penalty You can only get back the difference between what you could have paid if you had been properly consulted and what you actually paid. I don't think the 21 days breach will have any impact on that. The handbook issue is a breach of the contract, so, again there is no penalty. Would it really have been cheaper if you had been able to read the handbook?

Is this a high rise block? That's the only thing I can thin of that would push the cost over £1.5-3k? That assumes at least one picture window.

Is this on a qualifying long term agreement? That would mean you haven't lost the opportunity to nominate a contractor, and is probably the only way you would go straight to an estimate.

[HLU1982]

It's on a qualifying long term agreement and only 6 windows. Ground and first floor. The windows element is only 10k and the rest is scaffolding, professional fees, admin fees, general building work, ie fat. I am hoping that when the work is completed and I demand to see the invoices it will be much less than their inflated estimate.

[leaseholder64]

QLTAs are normally done on the basis of agreed labour rates. One would expect a quite detailed specification and costing of the work to have been produced. Estimates normally start low, because problems are only discovered as work progresses. Professional and admin fees are usually percentages and around 15%. £10k is too high for windows if the working at heights costs are not included.

It sounds like the dominant cost is general building work, so what is involved in that?

I wonder if this is a multi-block estate and they have proportioned the total estate costs per block, rather than per flat.

[Benzo]

Hi Helen

Where did you get the idea that they have to reply within 21 days?

When I went through S20 last year, the law was that we had to reply within 30 days of each communication from the managing agents, but there was no constraint I could find that they had to do anything similar.

[leaseholder64]

Hi Helen

Where did you get the idea that they have to reply within 21 days?

When I went through S20 last year, the law was that we had to reply within 30 days of each communication from the managing agents, but there was no constraint I could find that they had to do anything similar.

In the OP's case, it is http://www.legislation.gov.uk/uksi/2...ragraph/4/made

You probably didn't have a QLTA, in which case the responses don't need to come until the estimates, or after selecting a contractor other than the cheapest or a leaseholder nominated one.

[HLU1982]

I have asked for detailed information on the general building work and they won't / have not provided any detail

[HLU1982]

Apologies I have one other question. I bought my property in December 2017. No major works were listed. My understanding is that the five year pipeline should be shared. Could I argue negligence ?