Qualifying Works

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    Qualifying Works

    Hi,

    I live in a building which has just had some 'qualifying works' carried out but as the management agent had previously signed an exclusivity agreement with a single company we were unable to provide alternative quotes for the work.

    "Under the procedures, landlords must invite tenants to nominate possible contractors in respect of consultations that are carried out under Schedule 1 and Schedule 4 (Part 2) of the 2003 service charge regulations."

    Can anyone advise how the existance of an exclusivity contract affects the legal requirements stipulated by the Act?

    Thanks.

    #2
    What were the Qualifying works?

    how much were they for?

    Comment


      #3
      Originally posted by hollyhead View Post
      What were the Qualifying works?

      how much were they for?
      Repainting the internal corridor on each floor and painting the stair well and plastering any holes. Eight floors in the building with about 8 appartments on each floor...

      Total cost ~£70,000. I would have expected a figure under £15,000.

      Comment


        #4
        So would I. I have never heard of an exclusivity agreement on a leasehold block. I suggest you apply to the LVT for a determination.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Um.. that does sound like an awful lot of money for the work you describe - but of course that would depend on the actual specification and size of the corridors and stairwells.

          Ask them on what they rely when they assert that their exclusivity agreement overrides your statutory rights.

          Comment


            #6
            Aah I think what they are refering to is that the works are being carried out under partnering arrangements that were long term agreements, and each project is then consulted on, but excludes nomination as that will have been dealt with under the QLTA consultation.

            This is more common for Housing Association and Public Sector homes.

            I would investigate
            1: whether the earlier consultation was correctly carried out
            2: that the costs presented and the scope of works are fair and reasonable as defined in the L & T Act 1985.

            Take a look at lease-advice.org on "section20 " and come back and share some more and we'll see if we can help.
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment


              #7
              Originally posted by leaseholdanswers View Post
              I think what they are refering to is that the works are being carried out under partnering arrangements that were long term agreements...
              Looking through the letters I have it looked like you're right about this:
              "We have entered into a Long-Term Qualifying Agreement with... dated <12+ months ago>. The Landlord proposes to undertake the following works under the Agreement:..."

              So given the LTQA was already in place is there anything I can do? It is frustrating that despite there being lots of complaints during the consultation process the Housing Association as the Management Agent can just choose to ignore them all, refuse to accept alternative quotes, and push ahead with the work anyway.

              Originally posted by leaseholdanswers View Post
              I would investigate
              1: whether the earlier consultation was correctly carried out
              2: that the costs presented and the scope of works are fair and reasonable as defined in the L & T Act 1985.
              What sort of consultation is required for a LTQA though?.. To propose signing a long term agreement with a current provider isn't something bad in itself - only if that agreement is abused, which is the position I think I'm in but which wouldn't have been a valid xcuse for objecting to it when it was proposed.


              ---
              Just for information: I still haven't seen the invoice (still waiting on this...) but calculating from the bill I have received I expect it is actually closer to £45k. The corridor that was painted is roughly 24m (long) x 2.4m (high), which judging by the bill would cost ~£3.5k per floor and then a bit extra for the stairwell.

              Comment


                #8
                Originally posted by TimC_83uk View Post
                Looking through the letters I have it looked like you're right about this:
                "We have entered into a Long-Term Qualifying Agreement with... dated <12+ months ago>. The Landlord proposes to undertake the following works under the Agreement:..."


                What sort of consultation is required for a LTQA though?.. To propose signing a long term agreement with a current provider isn't something bad in itself - only if that agreement is abused, which is the position I think I'm in but which wouldn't have been a valid xcuse for objecting to it when it was proposed.
                I still haven't seen the invoice (still waiting on this...) but calculating from the bill I have received I expect it is actually closer to £45k. The corridor that was painted is roughly 24m (long) x 2.4m (high), which judging by the bill would cost ~£3.5k per floor and then a bit extra for the stairwell.
                Well take a look as suggested at Section 20 in the psot above.

                As to the cost HA's are obsessed with using fire retardant paints which are between four and five times the cost of good trade paint, and a lot more preparation to remove old substrates. You will need to look closely at the specification.

                LTAs are also loaded with what the Americans call "pork" a variety of initiatives and social projects which the leaseholders, who in themselves are just getting by, and are perhaps the most vulnerable of leasehold owners, end up paying for.
                Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                Comment


                  #9
                  S20 for public sector landlords is here:

                  http://www.lease-advice.org/publicat...nt.asp?item=20

                  Comment

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