Paying for faulty repairs through service a change

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    Paying for faulty repairs through service a change

    I live in a leasheold flat where, there are 3 other flats above.

    There is a communal door to a courtyard before you get to the building cotnaining these flats, recently this door had to be replaced, but because the total bill for the works came to less that £1000 (£250 for each leaseholder) we were unable to challenge these costs. We were given a copy of the of the quote for the work

    Which included, 3 coats of paint (1 undercoat) to the door. Only 1 coat has been applied and the bare finish to the door remains in places as the single coat has been so poorly painted.

    With the recent wet weather the door has swollen and is now impossible to be closed.

    I am happy to pay for this work in my service charge when it has been completed properly.

    I am going to contact the management company about the fact that the door does not close now. But would like to know if I am able to withhold my share of the payment for the works for this door until the job is finished. And would also like to know whether I have to pay for any repairs to have what is clearly defective work made good.

    Any help with the above would be greatly appreciated

    Thanks

    Jazzy

    #2
    You are still entitled the challange the costs at an FTT (LVT), its just the S20 consultation proces that doesnt have to be followed (which would ordinarily maybe allow you to put forward arguments/altednative BEFORE any work went ahead), although even if the cost is to be less than £250 each, a good FH/MA should still follow RICs guidelines and communicate with the LH's (although there is no legal need to do so).

    You seem to be following the right track, contact them and tell them of your concerns, you would have a good argument that the door should of been properally fitted the first time and shouldnt have to pay any more, you could also argue that the cost was too esxpensive and unreasonable if you could get realistic quotes which are lower.

    Its worth noting that even if one LH has to pay £250 or more than the S20 process kicks in.
    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


      #3
      I almost agree and would add that all costs no matter how small are under s19 LTA 1985 have ti be fair and reasoanlbe in scope prcurment and cost.


      In this case that means two things, the cost of the work as estimated being F n R, and then that the works that was done was not as estimated, which in turn lead to further costs.

      You are not entitled to withhold payment of the estimated charges, but can challenge the cost.


      Your approach might be

      The new communal door was estimated to cost £x. Can you please advise if you sought more than one estimate, or on what other basis you established that the cost was fair and reasonable( they may say that door costs £y plus 20% profit fitter for 3 hours and painter for x hours over 2 days at £Z per hour plus Vat)

      You are aware that the door was only treated with one coat and therefore allowed water to enter and cause the door to swell. What steps did you take to check that the work was completed as per the estimate and what steps are you taking to ensure that it is completed, and or a refund obtained to allow others to complete, and pay for the recent easing of the door and sealing the open wood.
      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
        Thanks for the reply andydd & LA, just to get this right am I correct in saying that if the Management Company added costs for repairing what was an inadequate job in the first place, these costs would be unreasonable, as this work should have originally been done and covered by the original costs?

        I assume if we pay the estimated service charge then and we challenge costs and it turns out they are unreasonable, our account will be credited with the difference?

        Thanks

        Jazzy

        Comment


          #5
          Well no first you ask the question and see how they respond. Agents are not perfect or all seeing and it may have appeared fine on inspection and tehy may say " thanks for lettimg us know I shall beat the contractor" or they may not.

          If it plays out as you suspect the original cost and/or final bill were not F n R then that can be challenged as can any further bill to rectify an issue.

          It depends on how the lease works as to how a credt is given, if it is worked out in the year the actual csot will be lower, but if it is resolved later than that then the next years actual costs will be adjusted when the problem is resolved.
          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


            #6
            Now the wet weather is upon us, my front door is the same, very hard to close/open....This may be the FH responsibilty although I've always done repairs myself.
            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


              #7
              andydd,

              I would repair the door if it were in my demise, but it is not. I forgot to mention that the door has an electronic release on it for buzzing people in and out due to the door swelling this no longer works either. I will be writing to the management company.

              Thanks

              Jazzy

              Comment


                #8
                leaseholdanswers,

                I have finally managed to get an answer from the management company today.

                The contractor has only been paid 75% of the amount, but is not prepared to go back and rectify his mistakes. The amount he is 'owed' is not enough to complete the job.

                The management company is willing to get someone to do the work, but this will cost more than the remaining money that would have been paid to the original contractor had he done a good and complete job.

                I basically want the job finished but don't want to be charged any more for it!

                What can i do in this situation?

                Comment


                  #9
                  Well, ultimately the obligation lays with the FH, he is under an obligation to do the repairs as per the lease, not half do them and pass on the blame, it is upto him to chase the contractor if needs be.

                  Technically speaking you have no right to withhold but the cost paid by the FH is recoverable from you but you have the right to make an LVT/FTT application to decide if its reasonable.

                  I assume than that you have been charged 75% of the original quote for an unsatisfactory job. Whether its worth making an application to LVT for this single item is upto you or are there other areas of concern ?
                  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


                    #10
                    Yes there are, please see this thread here

                    http://www.landlordzone.co.uk/forums...Leasehold-flat

                    And a doubling of the building insurance from last year from £600, to £1100

                    Thanks

                    Jazzy

                    Comment


                      #11
                      Well there you go. Its a question of wither you and the landlord are partners in this to chase the contractor but where there are other disputes and issues, your threat is that you will seek a determination as Andy suggests. You also require the landlord to repair the property at the same time, forcing them to address the con tractors failings as they know that their cost recovery of service charge is going to be limited..
                      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


                        #12
                        Thanks for the replies

                        To get this straight in my dyslexic head, an option would be to take them to a LVT in as passing on the cost to us would be unreasonable, and perhaps unlikely that they could recover their costs from us, so this would force them to go after the Contractor to recover these costs?

                        Thanks

                        Jazzy

                        Comment


                          #13
                          Yes, but add that whatever repairs the landlord was doing they also have to do. There is no leaving it as is.
                          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
                            Thanks leaseholdanswers , as ever helpul

                            Comment

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