Section 22 notice how long should be given?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 22 notice how long should be given?

    If I serve a notice under section 22 of the L&T Act 1987, How long should be given to allow the recipitant to comply to put right the problems?
    The current management are not carrying out:
    cleaning, grounds maintainance, gardening, clearing of gutterings/drains, hard wire test,window cleaning,asbestos checks(yes we do have asbestos that has to be checked anually)painting of the building(outside)internal decorations, 2 flat roofs need replacing, the list goes on....
    It is mainly the day to day stuff that is concerning me, should I give them 1 month to comply?

    #2
    I think the requirement is to give them a reasonable period of time in which to get the work done, and what is reasonable will depend on what work you specify in the notice. Remember also that this is a relatively new RTM Co which started (presumably) with a zero balance and that's something the tribunal will take into consideration. Did they budget for all of those things?

    Comment


      #3
      You can also simply as the county court to issue an order for specific performance "to get things done", based on what is reasonable in standard and timescale on the same basis as post 2. Part of the order can include referral, in the event of failure to the LVT for the appointment of a manager.

      In short a well drafted letter before action is required.
      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


        #4
        They took over in May! we have had a 2 service charge demands, so thet have had the money(from everybody except me,i am still not paying as they are still demanding them wrong).They have budgeted for gardening, window cleaning, cleaning, hard wire test. they are just not doing the jobs!
        I wrote giving them a month to do the cleaning/gardening/window cleaning and to make a start on the health and safety concerns i have, they just wrote back saying that there is contracts in place to do these jobs..Whatever that means!
        And surely because the RTM are not demanding the service charge in accordance with the relevant law/codes of practice, as well as entering into a long term agreement without consultation gives us a big reason to remove the RTM? How can they get away with behaving in such a way?

        Comment


          #5
          You may or may not be able to remove the agent, but removing the RTM will be almost impossible.

          May is not such a long time ago when you are starting from scratch, especially if someone hasn't paid. The problem with RTM Co's is they have no money of their own - it's not like a landlord who may be expected to dig into his own pocket to pay for services, even if he has trouble recovering the money from Lessees. Tribunals will recognise that difficulty.

          What long term agreement?

          Comment


            #6
            The insurance! it is for a year and 2 days!

            Comment


              #7
              Forgive me Tulula for disagreeing but I might recall a little more about the circumstances. An RTM has 6 months to get themselves together( yes I am that harsh, if you can't do it - don't exercise it), and the landlord HH had spent some time beforehand putting together a budget to comply with the landlords obligations, especially in regard to compliance issues and some pesky asbestos.

              That triggered RTM, however they were fully aware of the works required, as well a day to day operations in what is a small block. At the very least those demands would have been enforceable subject to any challenge at the LVT, or at least demanded, and offering say 50% payment based on works they could all agree on eg cleaning and gardening.

              I am not sure they have billed the current years budget which started in December (?)

              They have had a year and an older foundation to build on.... and if they cannot garden or clean, it is rapidly falling apart.

              Did the landlord ever get membership to the company as a landlord or as leaseholder. If the former and they failed to do so you can apply to the Court/LVT (ie apply to the court and they may refer to LVT) to determine that you are given membership. You can call an EGM with 10% of the voting rights which would be 'one flat' if it's that small a block. It would at least allow the issues to be aired eg resolution to dissolve the company -lol.
              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


                #8
                Heres a related question.

                What if thje RTM fails to operate properally, do the management functions fall back to the landlord (automatically) ?

                I ask because heres a case which was of interest to me, same landlord, high insurance etc and that is what appears to have happened here > http://www.lease-advice.org/decision...5894_page1.htm in this case as a result of a failure to send returns to companies house, etc

                Andy
                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


                  #9
                  Yes they all new exactly what needed doing, and more exactly what needed to be spent!Which ,as they were all thinking of selling is exactly why they exercised the RTM.
                  They have billed now, 20 days late!Still not in accordance with the law.

                  We did become a member, then decided not to be, it seemed pointless!

                  Do you think we should apply to the LVT as a Landlord or as a leaseholder or both!
                  Do you think we will get away without serving a Section 22 notice?

                  Comment


                    #10
                    No obligation to, nor would it be fair for it to be a requirement. It would wrong for lessees to gain rtm, fail , and saddle the landlord with clearing up the mess, and potentially profit from claiming a reduction in those costs at the lvt.

                    A landlord could resume duties under a court order; the court would have to be convinced that the rtm had ceased, that there was no prospect that it would be revived, and that there was an appetite to discharge management functions.
                    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


                      #11
                      I will forgive you for disagreeing with me if you will forgive me for pointing out the fact that you are not an LVT

                      I would be very surprised if the LVT would entertain appointment of a manager less than a year after the RTM started.

                      I'm also surprised that they haven't been able to at least start the regular services such as cleaning and gardening, even if they haven't been able to do other more expensive work. Remind me HH, how is your SC billed, is it annually in advance?

                      Comment


                        #12
                        Yes, annually in advance.

                        Comment


                          #13
                          Probably a good idea that I am "not an LVT", I am not that ancient yet, and I wouldn't have a great deal of sympathy for an RTM group that had exercised the right, and come the time to do something, shuffled off.

                          In this case one if not two(?) of 5 units, one the prime mover, did it purely to sell up.....

                          I say hanging is too good for em

                          That's why I was inclined to take it to the Court for specific performance and include in the claim the courts "option" for referral to the LVT to determine or consider appointment.

                          After a year I agree that the applicant has a steep hill to climb, but when the
                          -final certificate has been done ( and earlier years determined at LVT by HH's application, if I recall)
                          - it has all been laid out for you,
                          - asbestos remains in situ,
                          - and an agent that seems paralysed ( or rudderless) in not answering letters, etc
                          - there is more abdication and inaction than action

                          I wonder what they could offer as a defence? A lot would hinge on the response to the LBA.

                          My spidey sense says it's a case of their being united in dislike of the landlord, but not a whole lot more than that.
                          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


                            #14
                            An application to the Courts as suggested may result in an offer of arbitration / dispute resolution (voluntary of course) prior to being heard by a district judge.

                            Comment


                              #15
                              Originally posted by MCPH View Post
                              An application to the Courts as suggested may result in an offer of arbitration / dispute resolution (voluntary of course) prior to being heard by a district judge.
                              Not if the LBA, as it should, offer it first..
                              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

                              Latest Activity

                              Collapse

                              Working...
                              X