S20 L&T Act 1985

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    S20 L&T Act 1985

    Hi all, first post of many I'm sure.....

    We are a leaseholder within a house. The downstairs leaseholder is also the freeholder and wishes to do some maintenance. Fine.

    Our lease states that we are equally liable for maintenance costs - again, fine.

    However, now the landlord has had the quotes in for the work, she wants to get a "residential surveyor" to check the quotes - at an additional cost of £350+VAT. This is madness. Surely the very nature of getting three quotes ensures "best value".

    So the question is - do I have to contribute to this additional cost as it is not "maintenance" and simply a waste of money??

    All of the work is very straight forward, for example painting/decorating windows externally, so what is the residential surveyor going to add to the process??

    Can anyone help?

    Jimmy

    #2
    Depends on what your lease says on costs.

    In short while tendering does obtain a good value, you have ot look at what work is proposed, is it need or worse still inadequate, and are the quotes then comparable.

    How much preparation in terms of rubbing down a or burning off is allowed, are exposed areas preservative treated before priming, are they all repairing or filling or replacing damaged timbers or putties, and to what extent in each quote, as well as what are their rates for such extra work. What paints are they using "Crappy and Awful" value range or who issuing scaffold or ladders. How much of your windows are the painting, the exposed edges or adding internal returns and faces?

    And that is just in 2 minutes, in typing time, what questions I would ask.
    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
      It does depend on the wording of the lease but for building costs that are on the low side then an additional £350 does appear a bit OTT, it is normal for some extra management/admin charges to be added, often 10-20%, you could of course challange this extra cost at an FTT.

      Who is this residential surveyor ?, I'd be supsicious it was some sort of kick back.
      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


        #4
        The freeholder is not a builder or surveyor, nor am I.

        Do you look round your car and say, well everything looks o.k. therefore I will not have it maintained, not put it in a garage for them to check it out, and as post number 2 states, do you ask all the questions that a trained mechanic asks, no you do not.

        In the same way a freeholder can be anyone, someone who has no idea about how things deteriorate. A freeholder is not conversant with the law so he gets a solicitor to do certain things.
        Therfore he has to get a surveyor in .

        You are being asked to pay £ 200 ( half of 350 + vat )

        At the flat I manage, each leasholder had to pay the same as you are being asked to pay, and the cost was 4 figures for a survey and report.
        A survey in it's true form HAS to be done and I assume you and she are not a time served builder or surveyor, both with 20 years experience on knowing what has to be done.

        £ 350 is low, paythe £ 200 and be thankfull that the building is being managed in the way it should be managed.

        Comment


          #5
          Originally posted by andydd View Post
          Who is this residential surveyor ?, I'd be supsicious it was some sort of kick back.
          Residential as opposed to commercial / agricultural / ship surveyor

          Comment


            #6
            But it appears that the FH is not proposing a survey is done BEFORE the works but a surveyors is employed just to 'look over' the quotes.

            My FH has had surveys done and the cost (if there was any) was not passed onto the leaseholders.
            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
              "get a "residential surveyor" to check the quotes", could mean, Is this all that needs doing, as I a lady, have no clue about these things.

              Not passing the cost onto the leaseholders is a good one ( no reams about it's what it says in the lease )
              the money received here is as I have mentioned before, is £ 3 -14s- 2d ( Three pounds, 14 shillings and 2 pence ) a year freehold charges. If you times that by the number of flats times 25 years of incorporation, it works out at about £ 760 in the freeholders bank - minus expences over 25 years, means there is no freeholder cash available.
              So the freeholder ( here ) cannot pay for anything.

              You are lucky.

              Comment

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