Block repairs: how much time for us to pay our share?

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    Block repairs: how much time for us to pay our share?

    Hello

    I would be grateful for some advice regarding payment for improvements to a block of flats, in which I am a leaseholder.

    In August 2008 the management company for the block wrote to all leaseholders to advise that re-roofing work costing an estimated total of £21,000 was required. On 28th May the proprietor of the management company confirmed the per capita cost to leaseholders of £1,800 and requested immediate payment in order that work could proceed as soon as possible.

    I felt that was insufficient notice to raise this amount of money, especially given the current economic climate, but the proprietor was only willing to offer that I pay £900 immediately with the promise to pay the rest by the end of July. As I am unable to raise that amount at short notice, I sent him a cheque for £500 and advised that the rest would follow in subsequent instalments. In the meantime, the proprietor had called me at work to advise that I was apparently one of only two leaseholders who had yet to pay the amount in full, and expressed disappointment at this fact.

    I would appreciate clarification of my legal position in relation to this matter, especially with regard to the following points:

    1. Am I within my rights to defer payment of the whole amount, and if so, is there a maximum period under current legislation?
    2. Was the management company required to give any/sufficient notice to leaseholders regarding both the amount payable and the time by which they expected it to be paid?
    3. What legal sanctions are open to the management company if I choose to defer payment of the full period beyond what they consider to be a reasonable time?
    4. What do other forum members consider to be a reasonable course of action open to me, in terms of the time span for paying the outstanding amount?

    We are going on holiday from 19th July, and if at all possible I would appreciate your advice before then.

    Very many thanks in anticipation.

    #2
    What statutory Notices etc. [under s.18-s.30 of LTA 1985] has the lessor served on all lessees?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Originally posted by jeffrey View Post
      What statutory Notices etc. [under s.18-s.30 of LTA 1985] has the lessor served on all lessees?
      1. What does your lease say about charging leaseholders for services in advance of the costs actually being incurred? It may be this is not permitted (although it would be a poorly drafted lease if so).

      2. Jeffrey is referring, amongst other things, to the consultation process which the freeholder must go through with the leaseholders for works costuing above a certain threshold (applicable in your case).

      The consultation requirements are set out in the Service Charges (Consultation Requirements) (England) Regulations 2003/1987. If these required have not been complied with by the freeholder, he is unable to reclaim by way of service charge from each leaseholder anymore than £250.

      N.B. If your freeholder is a public authority, note that the requirements are slightly different and your objection rights to the proposed provider are diminished (although the threshold sum of £250 is the same).

      I suggest you read the above regulations and check to see if your freeholder has complied.

      Comment


        #4
        Here's a link to those Regulations: http://www.statutelaw.gov.uk/legResu...From=0&activeT
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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