Major works s.20 Consultation with superior & under lessee

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    Major works s.20 Consultation with superior & under lessee

    I have recently purchased the freehold for the building in which I am also a leaseholder. There are also 2 other flats in the building besides flat, neither of which hold an interest in the freehold. However, when I bought the freehold, I agreed to grant a superior lease to the rescinding freeholder for one of the flats thereby making taking them the superior leaseholder and the flat owner/occupier their under-lessee. The freehold title shows all leases except the under-lease in the schedule of leases.

    Since buying the freehold I have instructed the managing agent to serve a section 20 notice of intention on the leaseholders regarding major works required in the maintenance of the building. This was served > 30 days ago and the works have been tendered. We were in the process of selecting the contractor and issuing the 2nd s.20 notice to the leaseholders when it emerged that the managing agent served the first notice on the under-lessee and not on the superior lessee.

    I'm unsure of the correct process that should have been followed here, should the first notice have been served on all 4 lessees including under-lessee or to just the 3 leaseholders listed in the schedule of leases on the freehold title?

    If the notice is correctly served on only the 3 leases, what is the process that the superior lessee should follow to inform the under lessee of the forthcoming costs and allow them input into the consultation process considering they are ultimately responsible for a proportion of the costs of the major works.

    We are holding off serving the second notice until we are satisfied the process has been followed correctly, so any advice on remedial action if necessary would be gratefully received.

    #2
    He has mucked up. I should only be served on they leaseholder with whom you have a contract-the lease. If any of those have an under-lease from whom the can recover their costs, they in turn must serve the notice.

    Start over. It's only 30 days. As it has been tendered you will ave to be prepared to consider any conservation or nominations they make and might have to start over. Any costs associated with that really fall to the agent.
    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


      #3
      Many thanks for the response, I posted new NOI this morning to be safe. 30 days becomes more important when you're expecting your first baby in less than 10 weeks! This is bad news as the works will cause major disturbance but also need to be completed before winter sets in.

      Out of interest, how is the superior lessee supposed to allow their under lessee a 30day consultation period and to make nominations per s.20 if I am only obliged to allow superior lessee 30 days to provide their observations/nominations?

      Also, I assume the estimates already received can still be used, and if any new nominations are made in response to the new notice of intention, these will also be invited to tender, or do we have to re-invite all contractors to tender again?

      Comment


        #4
        Where the under lessee needs to be notified I suggest that you add say 10 days, a simple letter should do it.

        The nominations can be accepted and asked to tender and you need not re-tender to others. I do suggest however that you contact the builders and explain that the project is delayed and ask if they want to change their price, either way.

        The crucial thing is if the observations could change the underlying works and that this is taken notice of, and responded to.

        I am surprised that the agent had the under lessees details to contact them and you should ask them.
        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

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