Serving Party Wall notice - who is responsible?

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    Serving Party Wall notice - who is responsible?

    Hi, I live in a flat in a converted victorian terrace. There is one other flat in the building. We each co-own the freehold, however following disputes we have a court appointed property manager who has been instructed by the LVT to exercise 'all the rights of the landlord...and all the responsibilities covenants and duties of the landlord in respect of the leases...'.

    The manager has undergone a section 20 consultation for works to the exterior of the property, some of which are on the party wall (it is a mid terrace house) and therefore a party wall notice needs to be served. The consultation has gone out to tender and the stage 2 notice was served on 14th April (consultation period finished 16th May). Yesterday
    I got an email from the manager asking whether I have chosen a surveyor and served the party wall notices yet. I know that the party wall act requires the owners of a building to serve notice under the act on adjoining owners, but as the court appointed manager now acts as the landlord, and is in charge of specifying and arranging the works, aren't they responsible for serving the notice?

    Given the history of dispute between the leaseholders, the chances of us being able to sensibly agree and issue a notice ourselves, together, are slim to none - I don't think the other leaseholder would even consider the idea. The only other alternative would be for each leaseholder to issue their own party wall notice - is that even possible? It seems like madness.

    Any advice would be very welcome because I cannot seem to find anything to cover this type of situation. Thanks.

    #2
    Unfortunately a large part of the back brick wall at the top directly adjoining the neighbouring property on one side needs to be taken down and rebuilt, so a notice is definitely required.

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      #3
      Er then kick the Manager, he/she should be serving the notice! They have taken over the functions and should be doing so, not you.
      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.

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        #4
        Thank you, that is what we thought. Will commence kicking, metaphorically of course...

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