Sharing cost

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

    Sharing cost

    Hello
    I am selling my flat. In order to do so I had to pay for a asbestos certificate which cost me £400+vat.
    Is it fair to ask the other freeholders to share the cost? The building has three flats and we share the freehold.
    Your views are appreciated.

    #2
    If it is for the communal area, the freeholder should have paid for this many years ago, and should have an asbestos management plan in place if any was found.

    If this is for your flat, I'd say that was your expense.

    Comment


      #3
      Thank you for your answer.

      Does someone know if there is anything I can do to make the other shareholders pay?

      Comment


        #4
        Can you confirm this is for the communal areas?

        If so, point out that they have been committing a criminal offence for many years Also, only the freeholder can commission the survey, as it will involve taking samples not just a visual check and leaseholders won't have the right to cut bits out of the communal area, however, small.

        Generally, this would be paid for from the service charge. If there is nothing that allows that the lease would probably be declared defective, if formally challenged and most people would proceed, at risk, on that basis, without formally applying to have the defective lease corrected.

        The freeholder will also be asked for a fire risk assessment. If you don't have one of those, you have been committing a criminal offence since 2013. (Technically it doesn't need to be in writing, but conveyancers will expect it to be.)

        Comment


          #5
          Yes, it is for the communal area

          Comment


            #6
            The problem is that you failed to do this when you were required to do it That means you are now against time pressures. You are probably going to have to fund this yourself, even though it should have been a service charge item, split equally amongst all the leaseholders.

            Comment


              #7
              It should be a shared expense payable by the freeholders or leaseholders depending on the wording of the lease. You should try to persuade the others in the block to contribute failing which you may need to threaten legal action.

              Comment


                #8
                The leaseholders are the joint freeholders! If the lease requires the freeholder to pay, there really should have been a formal agreement that freeholder costs be split equally.

                Is this one of these leases that tries to avoid having service charges?

                Worst case is that the joint freeholders are simply jointly and severally responsible, in which case an external creditor could go after any one individually, so I don't see how one could go after the others. Hopefully there is something to the effect that they are responsible for one third each and only for that third, or there is a proper service charge provision.

                The cost of this is likely to be a few hundred pounds. Taking legal action could delay things, and the fact that it has to be taken could put buyer off.

                Whilst it is a criminal offence not to have had the survey done, there is no law that requires it to be provided to prospective buyers. This is probably the result of a question on form LPE1, and it is quite possible to simply say not available or refuse to answer the whole form. Buyers may be put off by this, but it is their choice. In practice, the main risk to the buyer is that there may be asbestos in poor condition, and they may get hit with large service charges to have it removed or made safe. The buyer themselves, may never have thought of asking the question; it is just a standard conveyancing question for flats.

                When was the building built, and if converted, when converted? Those might give a clue as to whether there is likely to be asbestos, and a big risk to the buyer.

                Comment


                  #9
                  The success in seeking reimbursement will depend more on the style and approach of your letter than the actual law.

                  i would write to the freeholder stating that you commissioned the asbestos report and as a consequence have undertaken a task which they should have undertaken - therefore so that they can use that report to confirm to the insurers that an asbestos survey has been done you ask that they credit your service charge account with the cost or reimburse you 2/3 of the cost - by not having an asbestos report it MAY have invalidated their insurance cover

                  Comment


                    #10
                    Originally posted by sgclacy View Post
                    i would write to the freeholder
                    The OP would be writing to himself! He is one third of the freeholder.

                    This is a dysfunctional share of the freehold case.

                    Comment


                      #11
                      One important point is that the whole case for sharing is based on the fact that the freeholders have failed to perform a statutory duty.

                      If the OP wanted something from them that they weren't obliged to have obtained anyway, and which is not something that the lease requires them to provide, it would be for the OPs benefit and the freeholder could charge them the full cost, or more . There would still be a moral case for sharing, but not a legal one. (Freeholders do charge for providing this sort of information, even when they do possess it. They are under no obligation to provide it, so can set any price that the market will bear.)

                      Currently the freeholders, including the OP, in theory at least, risk fines of of up to £20,000 and six month prison sentences.

                      Comment


                        #12
                        Originally posted by sgclacy View Post
                        The success in seeking reimbursement will depend more on the style and approach of your letter than the actual law.

                        i would write to the freeholder stating that you commissioned the asbestos report and as a consequence have undertaken a task which they should have undertaken -
                        I agree, the other 2 leaseholders and joint freeholders should be approached and asked to contribute towards the cost in exchange for a copy of the report which they will need.

                        Comment


                          #13
                          Thanks for your replies.
                          The building was build at the end of 19 century and converted into flats in the 80s

                          Comment


                            #14
                            Originally posted by Affinity View Post
                            Thanks for your replies.
                            The building was build at the end of 19 century and converted into flats in the 80s
                            The initial build will be low risk for asbestos. The 1980s conversion was after limitations started being imposed, but might not be quite late enough. Of course, earlier maintenance may have added asbestos.

                            Comment

                            Latest Activity

                            Collapse

                            • Not admitting or agreeing to service charge
                              Landlordintraining
                              Hi all,

                              A very quick question,

                              I want to pay my service charge and then take the freeholder to the FTT. Can someone give me some advice on what wording I should use in my email to the freeholder so as not to admit or to agree to the service charges?

                              I was simply...
                              23-10-2019, 16:08 PM
                            • Reply to Not admitting or agreeing to service charge
                              Macromia
                              Copies of any letters, or emails, that you have which state that you disagree with charges can be used as evidence that payment wasn't an admission that the amounts demanded were payable/reasonable.

                              The wording of anything sent at the time of payment isn't particularly important - as long...
                              23-10-2019, 20:56 PM
                            • Licence to Alter
                              vmart
                              Should the leaseholder be given the original signed copy of a Licence to Alter (LTA)? Our landlord created a deed (LTA) to provide us with permission for work we are planning but we were given a photo copy of the completed document but think we should retain the original.

                              Thank you.
                              21-10-2019, 09:48 AM
                            • Reply to Licence to Alter
                              vmart
                              Dear Leaseholder 64

                              Thank you. Yes, but if all parties sign two copies at the same time during a meeting and exchange copies then I assume there is nothing else that needs to be done....
                              23-10-2019, 18:28 PM
                            • Reply to Not admitting or agreeing to service charge
                              AndrewDod
                              Indeed but that may not apply to administration charges. I can't see any disadvantage to payment under protest anyway.

                              I suppose also that if the tenant is not wishing to pay because he has not been served properly or with statements of rights etc, payment might be taken as indicating that...
                              23-10-2019, 16:42 PM
                            • Reply to Not admitting or agreeing to service charge
                              AndrewDod
                              "... nor should my payment be construed in any way as constituting my agreement that the charges levied are correctly calculated according to the lease."

                              You are not admitting or otherwise to anything

                              You could mention that you plan to take the matter to FTT. Make...
                              23-10-2019, 16:41 PM
                            • Reply to Not admitting or agreeing to service charge
                              leaseholder64
                              Nothing should be necessary as the legislation says that paying does not constitute an admission that it was payable.
                              23-10-2019, 16:39 PM
                            • Action against surveyors handling s20 works
                              amorgan
                              Hi, we appointed surveyors to handle the s20 process for the Major Works that were needed to an estate we manage (purchased through RFR). We appointed them in December 2017. After lots of errors, oversights and unnecessary additions on their part we finally managed to get the scope of works agreed in...
                              23-10-2019, 10:46 AM
                            • Reply to Action against surveyors handling s20 works
                              eagle2
                              Any complaints should be referred initially to the surveyors. If you are unable to agree a course of action, they should have a dispute resolution service to which you can refer the complaint. Any tenders which were submitted in June 2018 are unlikely to apply today.

                              Many management companies...
                              23-10-2019, 11:10 AM
                            • S.20 works and difficult leaseholder
                              Emilycarter
                              Good morning
                              How much detail around a quote is needed to be give to Leaseholders in an s.20 situation? I am a joint freeholder of a converted building with 5 flats. We have some h&s works to be carried out in communal area and are going through the s.20 process, via Managing Agent. Two leaseholders...
                              22-10-2019, 15:51 PM
                            Working...
                            X