Group Freeholder wants to replace new windows unnecessarily - what to do?

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    Group Freeholder wants to replace new windows unnecessarily - what to do?

    Hi all

    This is a request for help for my partner who is the long term leaseholder on a ground floor flat/maisonette in a detached house owned by a large group.

    The freeholder is demanding all the double glazing be replaced at a cost IRO £8000. My partner simply cannot afford it and it's causing her a LOT of added stress on top of cancer, job insecurity and existing debt etc.

    The windows were replaced by my partner (leaseholder) a couple of years ago with like for like replacements because the existing ones had failed and were rotting. She did this at her expense as she believed she was responsible for the windows and her elderly parents live in there and are unwell so it was very necessary.

    The new windows are still in excellent order.

    The freeholder has written via their 'Project manager' stating they want the windows replaced and will bill the leaseholder.

    My Partner has told the 'project manager' that she has replaced the windows already with like for like units and as such they do not need to be needlessly replaced again at her expense.

    The Project manager asked if she had permission from the freeholder to replace the windows. My partner stated that she did not even know she was required to ask permission and asked how she would then now go about explaining this to the freeholder to gain retrospective permission. The project manager did not reply after multiple contacts.

    There are many other properties in the same area being notified of window replacement demands.

    The Property manager has now issued a communication giving until February 2021 to notify them of any comments the leasehold may wish to make.

    The freeholder has conducted a survey of all the relevant properties and issued notices (demands) of all the properties seemingly oblivious to the fact these particular windows have already been replaced.

    It seems reasonable that the windows were replaced given the state they were in. It seems unreasonable for the freeholder to force the leaseholder to replace windows that have already been replaced with units of the same specification as those they propose to now re-fit again at her cost.

    My partner is hyper stressed and worried and unsure of the best thing to do now to ensure she isn't forced into more debt for no good reason on top of a lot of other stress factors in her life .

    She feels she has only ever acted in good faith in replacing windows when needed and that surely any reasonable freeholder would see there is no need to replace these new windows simply as a tick box exercise. The Project manager doesn't comment.

    I'm hoping there are more knowledgeable and helpful people here than me who may have experience of such things who might be kind enough to offer comment and suggestions as to what she should /could do to best resolve this problem.

    Many thanks for any helpful input



    P.s. I hope this is in the correct Forum



    #2
    £8K for replacing plastic windows on the ground floor is over the top.

    Make an application to your local Magistrates Court for a declaration the windows at your flat at ( Address ) were replaced 2 years ago and do not require to be replaced again. Speak to the court manager about how to make this application and ask what evidence and court fees are required.

    Comment


      #3
      Does the lease impose on you an obligation to repairs the windows?

      Does the lease allow the landlord to make improvements and charge the tenants for them?

      Comment


        #4
        So sorry to hear of your partner 's issues.
        I agree with posts already given. A key word in legal matters is reasonable. To charge an excessive amount of money to replace sound windows is patently unreasonable. In my opinion it is rock solid your partner should not have any financial charges.
        Majority of leases make no provision for improvements. No one can say definitively but I don't see anything to worry about with this.

        Comment


          #5
          Why not ask for a copy of the survey to see if it was really done?

          Comment


            #6
            Thank you each for your help apologies took a while to get back, the follow the thread option I ticked didn’t notify me or I messed up more likely!

            I will pass on your comments to her .

            Cheers

            Comment

            Latest Activity

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            • Reply to Small claim online
              by Anna1985
              Section20z , yes you are right, a small claim determination is sufficient.

              Unfortunately we would need to wait until we claim next payment for repairs, as the current one is under £350....
              27-02-2021, 18:39 PM
            • Small claim online
              by Anna1985
              I have finally submitted the claim online and it is now nearing 14 days since the claim paperwork was delivered and the leaseholder doesn't pick up the post.

              Please note the leaseholder doesn't live in the address and didn't provide FHs or our solicitor with his current address.
              ...
              27-02-2021, 11:39 AM
            • Reply to Small claim online
              by Anna1985
              eagle2 - what games do I play?
              Do I hide my address or other FF's one - nope.
              Do we ask monies for something that is not in the lease - nope.
              we just want our house to be safe and well maintained.
              Why do you think we are playing games?
              ​​​​​​
              ​​​​​​why...
              27-02-2021, 18:10 PM
            • Reply to Small claim online
              by Anna1985
              Section20z , thank you, I will check if that is sufficient.
              ​​​​​​
              27-02-2021, 18:05 PM
            • Reply to Small claim online
              by Section20z
              My understanding is that a court judgement is acceptable prerequisite for s146 and I have used this many times. It's not your job to trace someone who is avoiding their obligations, he can contact you if he wants to build a relationship....
              27-02-2021, 17:52 PM
            • Reply to Small claim online
              by eagle2
              What is the point of playing games, if you know his address, just send correspondence to him. You should be trying to bridge the differences, instead you are fuelling the fire which will only cause further problems in future.
              27-02-2021, 15:02 PM
            • Reply to Small claim online
              by Anna1985
              Section20z , I'm under impression that I need a breach to be confirmed by court ie application for section 168.

              Once I have it then, section 146 notice
              27-02-2021, 14:55 PM
            • Reply to Small claim online
              by Anna1985
              eagle2 , there is no relationship to damage - the LL doesn't want to do any maintenance as he doesn't live in the property.
              both FFS live in the property. We want property to be maintained well.

              So there is a problem and it would be only be resolved when LLS will get an understanding...
              27-02-2021, 14:46 PM
            • Reply to Small claim online
              by eagle2
              You can use a tracing agent if you wish to make contact with the leaseholder. Issuing forfeiture proceedings will only damage the relationship.
              27-02-2021, 13:53 PM
            • Reply to Small claim online
              by Section20z
              Easy enough, just log in online and apply for default judgement once response time has elapsed. After another few days they will issue judgement, you just send it on to Northern Rock.
              Personally I would issue s146 alongside (plenty of sample forms online) and charge another £150 to cover the...
              27-02-2021, 13:36 PM
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