Leasehold Property Champions
Leasehold Property Champions · A trading name of Talk Legal Limited
Not sure whether to go ahead? Talk it through first — the assessment is free, with no obligation to instruct us.
How We Help
We begin with the problem, not the procedure.
Leasehold disputes become confusing because several documents, organisations and legal routes may be involved. The freeholder may appoint a managing agent. A management company may have obligations under the lease. A residents' management company may be controlled by leaseholders. Contractors, insurers, developers or warranty providers may also be involved.
Before recommending action, it is necessary to identify:
- —who owns and manages the relevant part of the building;
- —what the lease requires;
- —what has happened in practice;
- —what money has been demanded or spent;
- —what outcome is actually required;
- —which body has power to provide it.
Service-charge disputes
A service charge is not necessarily payable merely because it has been demanded. The questions may include:
- —Does the lease permit the charge?
- —Was the cost reasonably incurred?
- —Was the work or service of a reasonable standard?
- —Has the correct proportion been charged?
- —Has adequate information been provided?
- —Were statutory consultation requirements followed?
- —Are management or legal costs being added on a proper basis?
Repairs and maintenance
Where a roof, structure, common part or shared service is not being repaired, the starting point is usually the lease. It is necessary to identify who has the repairing obligation, how the cost is recoverable and what route is capable of producing the order required.
The Property Tribunal can determine certain service-charge and management issues, but it does not have unlimited power to order every repair. In some cases, a complaint, negotiation, appointment-of-manager application, right-to-manage process, County Court claim or another route may need to be considered.
Major works and Section 20
Major works can lead to demands for thousands or tens of thousands of pounds from each leaseholder. Relevant questions may include whether the work is permitted and required under the lease, whether consultation was adequate, whether observations were considered, whether the chosen work was reasonably necessary, whether the price was reasonably incurred and whether the work was carried out to a reasonable standard.
The answer depends on the notices, estimates, contracts, invoices, expert evidence and the lease.
Persistent poor management
Repeated management failure may include neglected repairs, inadequate accounts, unreasonable expenditure, poor insurance arrangements, weak procurement or supervision of contractors, failure to comply with the lease and failure to answer proper requests.
Depending on the evidence and statutory requirements, possible routes may include an application for the appointment of a manager or action to acquire the right to manage.
Lease interpretation and variation
The lease may determine responsibility for the roof, structure, windows, common services, insurance, management and the proportion payable by each flat. In defined circumstances the Tribunal may have power to vary a defective lease. It has no general power to rewrite a lease simply because another arrangement would be preferable.
Tell us about the problem
Send the lease, relevant demands or notices, accounts and important correspondence. We’ll tell you whether the matter is within our service.
Or email us at win@talklegal.net