Essential Maintenance

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    Essential Maintenance

    Hi,

    I own a property in a block of flats. There was a leak in the roof. The Managing Agent insisted that he must obtain approval from 50+% before work could commence.
    My concern is that if 50% is not achieved work would not be carried out.
    There are 13 properties. At the time three were up for sale and the owners declined. One has been empty for 2 years, owner is in Malaysia and does not respond to correspondence.
    I consider this "essential work" where agent should instruct work and then recover the cost. Is this correct?

    The estimated cost of repairs was £1625 and the agent holds a £300 deposit from each owner.

    The agent has carried out other essential work without first seeking owners approval.

    #2
    Who is the freeholder?

    They obey the lease. If the lease says the roof must be sorted it must be sorted. Unless the lease says there is a 50% veto threshold (which is most unlikely) there is no legal justification for such a veto.

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      #3
      Hi,
      The property is in Scotland. There is no lease. In accordance with Deed of Conditions each property owner has an equal responsibility to maintain communal parts of the building.
      My problem is the Managing Agent is not accepting that it is his responsibility, to carry out essential maintenance in a timely manner then recover costs from owners.

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        #4
        Change the Factor?? See..
        https://scotland.shelter.org.uk/get_...rs_and_factors

        http://govanlc.blogspot.com/p/property-factors.html

        Think you may benefit from a specialist (in factors) Scots solicitor

        Slàinte mhath!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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