Landlord forcing repairs on us - can he do this?

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    Landlord forcing repairs on us - can he do this?

    Our building is a two-floor maisonette over a cafe, with use and the onwers of the cafe being tenants on leases.

    The landlord is a complete tw*t without much knowledge of being a landlord (OK, make that NO knowledge of the law as it pertains to being a landlord), and has instructed a local building firm to make some repairs to the front of the building and to re-cover the flat roof.

    Not a proble, you might think, but he has not notified me of this. I only heard of this from the owner of the cafe. We have had no quotes or estimates, an apparently he expects us to pay half of the repair bill (our half comes to about £1800).

    I am a landlord myself, with several rental properties of my own, and as far as I was aware, a landlord wanting to make repairs to a building containing long leaseholders has to get at least 3 quotes and put them to the leaseholders for their approval and choice.

    Am I wrong in this?

    If I am right, what rights do I have? e.g. can I refuse to pay the bill? Or can I force him to stop the works before they've begun?

    Any help would be much appreciated.

    Regards,
    Paul

    #2
    Residential lease? Can't charge you a bean AFAIK. Unless you mean that you've bought the place on a long leasehold (eg 99 years, 125 etc)?

    Comment


      #3
      Originally posted by yeahbutno View Post
      Residential lease? Can't charge you a bean AFAIK. Unless you mean that you've bought the place on a long leasehold (eg 99 years, 125 etc)?
      Yes. Even if long leasehold, Freeholder still needs to comply with s.18-s.30 of LTA 1985 (two quotes; one month min. to allow lessee's comments, etc.)
      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


        #4
        Thanks Jeffrey,

        We're on a long lease (125 years). So it's two quotes instead of three (I was almost right ).

        I called him up and asked him politely about the repairs and got an earful of abuse for my trouble, and when I mentioned that he is supposed to give us quotes, he called me some nasty names and slammed the phone down. No surpises there given his history with us.

        What's the 'LTA' - Landlord and Tenant Act?

        He seems intent on going ahead with the repairs, so do we have any recourse on this subject? My solicitor is away at the moment, but I'd like to know what I can do to get back at this imbecile.

        Regards,
        Paul.

        Comment


          #5
          Originally posted by PdV View Post
          Thanks Jeffrey,

          We're on a long lease (125 years). So it's two quotes instead of three (I was almost right ).

          I called him up and asked him politely about the repairs and got an earful of abuse for my trouble, and when I mentioned that he is supposed to give us quotes, he called me some nasty names and slammed the phone down. No surpises there given his history with us.

          What's the 'LTA' - Landlord and Tenant Act?

          He seems intent on going ahead with the repairs, so do we have any recourse on this subject? My solicitor is away at the moment, but I'd like to know what I can do to get back at this imbecile.

          Regards,
          Paul.
          Yes; Landlord and Tenant Act. These are like buses, because there's probably another one coming along in near future.
          L cannot recover service costs incurred in breach of 1985 Act (unless repairs in emergency or except for minimal-cost repairs).
          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


            #6
            my understanding is that without consultation you only have to pay up to a maximum of £250.

            from the lease website:
            Consultation on major works

            Where a landlord proposes to carry out works of repair, maintenance or improvement which would cost an individual service charge payer more than £250, he must, before proceeding, formally consult all those expected to contribute to the cost (under Section 20 of Landlord and Tenant Act 1985). This has the dual effect of giving notice of his intentions to the leaseholders and seeking their view on the proposed works.

            The landlord must serve a notice of intention on each leaseholder (and on the secretary of the recognised tenants' association, if there is one), which:
            • describes in general terms the proposed works or specifies where a description of the proposed works can be inspected and the hours during which it can be inspected. The inspection facilities must be made available free of charge, at a specified time and place. If, at that time and place, there are no facilities for copying the proposals, then the landlord must, on request, provide a copy of the description;
            • explains why the landlord considers the works necessary;
            • identifies the persons the landlord has asked, or proposes to ask, for an estimate of the costs;
            • invites observations in writing and states where the observation should be sent;
            • invites the leaseholder (and the recognised tenants' association) to nominate a person from whom the landlord should try to obtain an estimate. (This invitation does not apply, however, in cases where a public notice of works is to be made in the Official Journal of the European Union (see EU implications for consultation above);


            http://www.lease-advice.org/scgrframe.htm

            Comment


              #7
              Cheers Moocow - you're a star!

              So, from what I've read, if he goes ahead with the works he can't reclaim any costs from us! Brilliant!

              I'll inform the other tenant and tell her to keep it quiet until it's all finished!

              Cheers,
              Paul.

              Comment


                #8
                you would have to pay up to a max of £250 each. i would probably do the same and keep quite now, why have more abuse from the freeholder by trying to explain the law to them.

                Comment


                  #9


                  And as a double-whammy, I'll be instructing my solicitor to start proceedings against him for not supplying the relevant insurance documents as requested by our (now abandoned) purchasers. That's another possible £2,500 he'll have to fork out!

                  I've put up with this ignorant twit for nearly 10 years and it's always stuck in my gullet that not only is he obnoxious but also that he knows nothing about being a landlord - he's a prime example of the sort of person who should never have gotten into property ownership in the first place!

                  I don't like him much....can you tell? lol

                  Regards,
                  Paul.

                  Comment

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