Landlord refuses to proceed with (much needed) common parts renovation

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    Landlord refuses to proceed with (much needed) common parts renovation

    Hello
    I just bought a ground floor leasehold flat in a converted house where the landlord owns the 2 other flats above mine.
    The communal parts have not been renovated since 2000 and the building is in advance state of disrepair.
    The lease states that the landlord must maintain and and keep in good and susbtantial repair and condition the communal parts.

    Section 20 notice was served in October 2012 by the managing agent and 1 quote have been submitted by the person who used to own my flat. The landlord during the conveyancing proces also confirmed she had 3 quotes as well (lower).

    The Landlord has planning permission to extend one of her flat at roof level and has been applying to extend the second flat she owns at 1st floor level, which has just been refused by the council.

    The landlord indicated to me during the conveyancing process that she wishes to carry out communal part renovation in conjunction with the work she will do for her flats (she didnt mention the second plannign permission that was being reviewed though.. only the first onethat was granted). She intends to hire only one company. I dont like it too much as it blurs the line for cost to be allocated clearly but could live with this.

    My issue is that she is not going ahead with the renovation (the corridor is squalid, the front door locks are not working properly etc..) and as the planning application for 1st floor flat extension has been refused, if she appeals it will then take even longer before this whole process starts. I do not want to wait months, and idealy would rather the 2 things to be done separately (her building work and the common parts renovation) as I only half-trust the cost will be shared fairly.

    What can I do? The managing agent is not responding to my request to urgently move on with the second phase of the S20 notice and carry out the repair work.

    What are my best next steps? I know she is in breach of the lease, but i want things to move quickly not get glued into processes.

    Thanks so much for your advices.
    Carolyn

    #2
    The Landlord / freeholder wont do the repairs, the managing agent can't do the repairs if the landlord tells them not to ( The agent works for the landlord )

    then you have no option but to advise the landlord and the agent that unless repairs are started within in 30 days, you will consider going to court for the landlord failing to observe the lease, and will be claiming damages.

    You have no other option but to force the issue.

    The Managing agent will have been told not to do any repairs. Their hands are tied.

    Comment


      #3
      Thanks a lot . I will try and email to the landlord didrectly then, informing him that I get no answer form the managing agent and if I still get no response then I guess I wont have any other alternatives.

      Do you think if I start carrying some work myself ( meaning hire some buildrs to do some repainting, and changing the carpet maybe) I will be able to claim the cost for that?

      Comment


        #4
        Its best not to do any work yourself or at least leave it as a last resort, have a look at this similar thread > http://www.landlordzone.co.uk/forums...-t-do-anything
        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


          #5
          Originally posted by Caro View Post
          Do you think if I start carrying some work myself ( meaning hire some buildrs to do some repainting, and changing the carpet maybe) I will be able to claim the cost for that?
          From your last post WRITE to the landlord, and in your letter say a text copy has also been sent by email.

          As stated, do not do any repairs, as unless the landlord / freeholder says they will pay you your costs, in writing, with an agreed specification to adhear to, you wont get paid ( Worst condition )

          If you paint the wrong colour, or it be washable, not washable paint, they can say they wanted the opposite to what you may have done. ( and or they never promised to pay you )
          Same with carpet, one has to look at costs, look at the most hard wearing, which costs more, etc, and any carpet you choose would not be right on costs or longevity or even the wrong shade.
          Sometimes a "tie" is needed ( the old type stair carpet rails ).

          The freeholder is responsiblr to maintain the property, and the lease may state, maintain in good condition, but as we all know, the leaseholders pay for the work through the service charges.

          I do all the freeholders jobs here, and run how it is supposed to be run, in that I have to force people to understand why we need to spend money, which is the opposite of where you are, where they dont want to spend money.

          I say this as I have to choose the "type" of paint, type of carpet, and look ahead 10 years at the remifications of my decisions, and workmen / builders have to have insurance, and we too have to have insurance, and I have to see their liabilty insurance, so getting jobs done yourself can lead you into the realms of possible litigation if you don't get it right.

          Litigation wont happen often, but best to tell you the worst, then you are aware.

          Comment

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