Major works undertaken at a cost of £1200 per flat

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    Major works undertaken at a cost of £1200 per flat

    Hi All,

    approx three years ago our management company decided to do some major works on the building - roof repairs and pvc cladding being a couple of the updates. I have always thought that the workmanship was poor and that the cost of it all seemed excessivley high for the work that was done. That aside however I was speaking to a friend in the know about this recently and he has advised me that he thinks that if work is going to cost more than £1000 per flat there should have been a set procedure for the management company to follow and we should have received some statutory notices. The first we knew about this was a letter saying that scaffold woul dbe errected in a couple of weeks time...

    We had a sinking fund of over £15,000 at the time which has been built up using our service charges over many years. Obviously this dropped to a couple of thousand pounds once this work was taken out.

    If anyone has any further advice on whether there should have been a set rule to follow I will be most grateful.

    Many thanks,
    SD

    #2
    Yes, they should have issued a section 20 notice (S20) if works are going to be higher than £250. This notice has to contain their intention of doing works and provide 3 estimates from contractors. Whomever they chose, they should explained to you why they didn't pick the cheapest of the estimates. From what I understand (and someone can correct me), if they didn't follow the S20 procedure properly, you may only have to pay £250 if taken to the First Tier Tribunal.

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      #3
      The case law from the Daejan case makes the £250 limit toothless. The effective position is that you only have to pay the amount you would have had to pay if the consultation had actually been carried out. Note that you are unlikely to be able to say that the work would not have been carried out if there had been a consultation. You are most likely to be able to show that you would a have recommended a cheaper, suitable, contractor.

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        #4
        It depends in the roof repair was an emergency. In which case, they could have some justification in not carrying out the statutory consultation.

        Scaffolding is not cheap.


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