Repairs to flats; service charge demand notice?

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    Repairs to flats; service charge demand notice?

    Dear all,

    We are three flats in a converted house. Two of us have now brought the freehold ( absent freeholder ). The third flat did not.

    The window frames of flat 3 are rotting away. There is a massive tree in flat 3's front garden which surveys say may damage the foundations and is nocking over the front wall and common bin area and the front door ( in my opinion ) needs replacing as it was kicked of its hinges a while ago and I think it is not as secure as it should be. Flat three still owes us over £1000 for repairs we did to the roof. The leases as I interpret them say window frames are the responsibility of the lessee. I understand that before dealing with and fixing these problems I should be issuing a series of S20 notices.

    My question is two fold.

    A If we are going to effect the repairs ourselves then charge flat 3 is there a set wording or form for a s20 notice. Does it have a prescribed form,

    B Is there a way of not doing it ourselves and compelling flat 3 to do it . I should add flat 3 dispute the tree is damaging anything and though ( I think own several houses ) plead poverty . Their last solicitors letter in March said they were looking at maters but since then nothing.

    Thanks all


    Richard

    #2
    Assuming that all structural repairs are within the service charge scheme, the two freehold reversioners should already be collecting s/c from all three flats (and all three lessees should already be paying it). Proper demands complying with s.20 are required, particularly if the 3rd owner is refusing to pay and the others may need to sue him/her.
    Poverty is unfortunate but not an acceptable reason for non-payment.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      [QUOTE=jeffrey;51570] Proper demands complying with s.20 are required, particularly if the 3rd owner is refusing to pay and the others may need to sue him/her.QUOTE]

      do you have a link or anythng to S20 so I can see what a proper demand is.

      Richard

      Comment


        #4
        [quote=richardbartram;51582]
        Originally posted by jeffrey View Post
        Proper demands complying with s.20 are required, particularly if the 3rd owner is refusing to pay and the others may need to sue him/her.QUOTE]

        do you have a link or anythng to S20 so I can see what a proper demand is.

        Richard
        Try scanning for Service Charge (Consultation Requirements) (England) Regulations 2003: SI 2003/no. 1987.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Thanks for that.

          It will all be over by christmas! hopefully!


          Richard

          Comment


            #6
            Originally posted by richardbartram View Post

            It will all be over by christmas!
            Yes, but in which year?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

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