Repairs carried out by a leaseholder...

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    Repairs carried out by a leaseholder...

    We recently bought the freehold of a small residential block; the sellers were administrators/receivers of a failed company, who, needless to say allowed the premises to deteriorate and didnt bother insuring, or collecting any rent, or addressing any repair issues whatsoever.

    We have recently been out to tender to get the repairs organised and started to consult. One of the lessees has been in touch to say that prior to our involvement, he had some repairs carried out to the roof a section of which was leaking into his flat and is now hoping that we will collect contributions from the other lessees to reimburse him.

    We have every sympathy with the lessee concerned, and would like to do what we can to assist but don't think we can enforce payments from others in this circumstance. Does the panel agree?

    #2
    If the wording in the lease requires all flats to contribute to the roof repairs, then it is OK to charge the cost to the "building service charge account" and recover the share of cost from individual flats and to re-imburse the flat which arranged the repairs.
    But there is a time limit to comply -- the repair bill cannot go back more than 18 months as a valid expense under the service charge account.

    Comment


      #3
      repairs carried out on self help basis by lessee

      Originally posted by Gordon999 View Post
      If the wording in the lease requires all flats to contribute to the roof repairs, then it is OK to charge the cost to the "building service charge account" and recover the share of cost from individual flats and to re-imburse the flat which arranged the repairs.
      But there is a time limit to comply -- the repair bill cannot go back more than 18 months as a valid expense under the service charge account.

      GOOD POINT recoverable even if no s20 consultation took place? or would you say that the works were "urgent" and therefore no consultation was required to have taken place?

      Comment


        #4
        Originally posted by quarterday View Post
        GOOD POINT recoverable even if no s20 consultation took place? or would you say that the works were "urgent" and therefore no consultation was required to have taken place?
        Yes. He organised work to stop a clear breach of the building's fabric. That's urgent!
        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.
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