RTB flat lease; received Notice under s.20 of LTA 1985

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    RTB flat lease; received Notice under s.20 of LTA 1985

    I am a leaseholder and have been so for 3 years in Lewisham and 22 years as a council tenant.In 22 years while a tenant the Council refused to do any repairs. Now, over the last year or so they are looking to do work through an ALMO. a SECTION 20 Notce of Intention to let Contract for Repairs and Maintenance has arrived but it makes little sense. Part of the document seems to suggest that I recommend a workman to supplement the existing in house workforce they have to do general repairs. The document does not identify specific work to the property but states work like bricklaying, glazing and roofing may need to done.
    It seems they want me to find a workman or a company to except work without there being any specific information.

    The document then does on to inform me that lewisham Homes intends to enter into a long term agreement with a contractor to work alongside there in house team and I should propose a contractor withiin 30 days. Again, the document shows no indication about what work needs to be done or what kind of work they are alluding to. This is rather parculiar as it would seem more logical to first identity work that needs to be made to which I could then get a reaslitic quote workforce and quote.

    It looks clear to me that the document has been put together to confuse. Lewisham Homes are at present going around Lewisham attacking Leaseholders with insanely high repair bills. I would not trust this company as far as I could spit as they have terrorised Old people with highly inflated costs to date. Is the document I have been given been served correctly and in order?

    #2
    Originally posted by hollyone View Post
    I am a leaseholder and have been so for 3 years in Lewisham and 22 years as a council tenant.In 22 years while a tenant the Council refused to do any repairs. Now, over the last year or so they are looking to do work through an ALMO. a SECTION 20 Notce of Intention to let Contract for Repairs and Maintenance has arrived but it makes little sense. Part of the document seems to suggest that I recommend a workman to supplement the existing in house workforce they have to do general repairs. The document does not identify specific work to the property but states work like bricklaying, glazing and roofing may need to done.
    It seems they want me to find a workman or a company to except work without there being any specific information.

    The document then does on to inform me that lewisham Homes intends to enter into a long term agreement with a contractor to work alongside there in house team and I should propose a contractor withiin 30 days. Again, the document shows no indication about what work needs to be done or what kind of work they are alluding to. This is rather parculiar as it would seem more logical to first identity work that needs to be made to which I could then get a reaslitic quote workforce and quote.

    It looks clear to me that the document has been put together to confuse. Lewisham Homes are at present going around Lewisham attacking Leaseholders with insanely high repair bills. I would not trust this company as far as I could spit as they have terrorised Old people with highly inflated costs to date. Is the document I have been given been served correctly and in order?
    Yes the initial consultation process appears correct.

    The lessees technically have only one occasions to put forward a contractor to quote for the work and that is when the landlord serves an initial consultation notice. If lessees are able to put forward tenders once the landlord has put forward the results of his tendering it would conflict with the provisions of the Competition Act 1998. And that is why I believe the legislation on consultation on Major Works is structured the way it is.

    However lessees can obtain other quotes once the landlord has served the results of the tendering which may help support a case that the figures from the tendering process are unreasonable and the landlord would need to be able to defend his decision to go ahead with the contractor selected from the tendering process in the light of a much lower quote from lessees.

    Comment


      #3
      Surely the council informed you where plans/specifications may be viewed? I suggest that is what you need to do.

      Comment


        #4
        Originally posted by Poppy View Post
        Surely the council informed you where plans/specifications may be viewed? I suggest that is what you need to do.
        Notice of Intention is all they have given. The documents looks like it is mass produced and no specific information has been shown. There can be nothing to view if they do not have any idea of what needs to be done. Also in this notce I get the distinct impression they are using some kind of pretense of tendering for long term works to the property.Thi8s is bourne out by the way this document is served and the fact that 3 weeks later Lewisham homes have already found a contractor- there very own building works team. How is this consistant with the law that states the winning tender must be independent and have no connection to the body deciding on who does the day to day work

        Comment


          #5
          Originally posted by hollyone View Post
          Notice of Intention is all they have given. The documents looks like it is mass produced and no specific information has been shown. There can be nothing to view if they do not have any idea of what needs to be done. Also in this notce I get the distinct impression they are using some kind of pretense of tendering for long term works to the property.Thi8s is bourne out by the way this document is served and the fact that 3 weeks later Lewisham homes have already found a contractor- there very own building works team. How is this consistant with the law that states the winning tender must be independent and have no connection to the body deciding on who does the day to day work
          No you are incorrect in your interpretation of the law, a Landlord can nominate a contractor associated to him but of course this must be disclosed and the other tender must come from a party unconnected with the landlord.

          I am not surprised that the Notice is mass produced; it is to be expected when the landlord is a large organisation and it is in this first stage likely to be of a general nature only. Subsequent notices will go into more detail.

          Do have a look at the government sponsored Lease web site it sets out clearly the law on major works and the various notices and steps the landlord needs to take when commissioning major works

          Comment


            #6
            Originally posted by hollyone
            How is this consistant with the law that states the winning tender must be independent and have no connection to the body deciding on who does the day to day work
            What law would that be? My lay understanding is that the freeholder (the council) is free to choose a contractor.

            Your freeholder has issued a section 20 notice of intention to carry out works, so they are complying with the Landlord and Tenant Act 1985 (as amended). The next step is for your freeholder to look at any written observations to the proposed works and look at nominations for contractors to undertake the works. Do you wish to contact the freeholder about your observations or propose a contractor?

            Comment


              #7
              Originally posted by Poppy View Post
              What law would that be? My lay understanding is that the freeholder (the council) is free to choose a contractor.

              Your freeholder has issued a section 20 notice of intention to carry out works, so they are complying with the Landlord and Tenant Act 1985 (as amended). The next step is for your freeholder to look at any written observations to the proposed works and look at nominations for contractors to undertake the works. Do you wish to contact the freeholder about your observations or propose a contractor?
              My undertsanding is that the contractor doesnt have to be independant, on my property the contactor was effectively the landlord under a different guise HOWEVER if u propose 1 or 2 alternative contractors who provide lower quotes and the council ignored these then that would be in your favour if you were to ever query the costs in an LVT.
              Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

              I do not accept any liability to you in relation to the advice given.

              It is always recommended you seek further advice from a solicitor or legal expert.

              Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

              Comment


                #8
                Originally posted by andydd View Post
                My undertsanding is that the contractor doesnt have to be independant, on my property the contactor was effectively the landlord under a different guise HOWEVER if u propose 1 or 2 alternative contractors who provide lower quotes and the council ignored these then that would be in your favour if you were to ever query the costs in an LVT.
                If you read my first posting on this thread you will see my answer

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