Section 20 process

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    Section 20 process

    I am one of 6 leaseholders in a block of 6 flats. We have had historic issues with the roof, our Community Interest Company changed from one managing agent (with a public history of failings) to another, both have carried out poor repairs in the past.

    Before Christmas the current managing company commenced a Section 20 process for the roof repairs, I nominated a contractor but heard nothing back. Just before Christmas water ingress into one of the flats started dripping down a light fitting in one of the bedrooms, the occupants had to move into another room. Without any notice to the leaseholders scaffolding was erected on Christmas Eve but no work commenced for over two weeks.

    The Community Interest Company have applied for dispensation from the consultation process retrospectively on the grounds it was an emergency.

    I have two questions: -

    1) As soon as the consultation process was being dispensed with, should the leaseholders have been given some notice of that fact prior to appointment of the contractor and commencement of the works by way of the scaffold being erected?

    2) Surely an emergency situation should have required immediate response, even temporarily over the Christmas break if the move from due process was genuinely on the grounds of health and safety as they state?

    Thanks in anticipation.

    #2
    1. There is no law saying that
    2. It sounds as if that is exactly what they did

    Comment


      #3
      Thanks for the response.

      Answer 1 clarifies that, seems a bit of a loop hole.

      As for 2, they put a scaffold up, did no temporary repair, just left the roof as was with the water ingress remaining for over 2 weeks, that hardly seems an emergency response.

      Comment


        #4
        Usually the scaffolding is put up by the scaffolding rental company. The roof repair work will be done by roofing company who worker may not be aware of the scaffolding on site.

        Comment


          #5
          Hi

          Even if the consultation process went ahead I'm not sure the CIC would have to put the nominated contractor in the pool for tender. Ultimately the outcome might have been no different.

          Comment


            #6
            Originally posted by Silverdale View Post
            Hi

            Even if the consultation process went ahead I'm not sure the CIC would have to put the nominated contractor in the pool for tender. Ultimately the outcome might have been no different.
            If any leaseholders have nominated a contractor, at least one of the nominated contractors has to be approached for a quote.
            If different leaseholders nominate different contractors, quotes do not have to be sought from all of them.


            Regardless, nothing in the OP suggests that anything has been done 'wrong'.
            Section 20 consultation requirements no longer provide any significant protection for leaseholders, the only protection leaseholders have is if work is not completed to a 'reasonable' standard, or if the cost can be demonstrated to be excessive - and these can be challenged regardless of whether or not section 20 consultation is completed.

            Comment


              #7
              Originally posted by Macromia View Post

              If any leaseholders have nominated a contractor, at least one of the nominated contractors has to be approached for a quote.
              If different leaseholders nominate different contractors, quotes do not have to be sought from all of them.
              Indeed. Albeit that even this rather weak aspect of an already weak system of supposed "protection" of lessees is easily subverted. It is very often the case that the entity that controls the freehold also controls one or more of the leasehold entities - and under those common circumstances they never have to bother to seek quotes from anyone other than their friends or backhander-providers.

              Comment

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