Flat-Living.co.uk Repairs and maintenance


Throughout the life of the building various factors cause it to deteriorate.


WEAThERING – Obviously the effects of wind, rain, snow and frost mean that the surfaces of tiles, slates, brickwork and render gradually become worn.


OCCUPATION – Items such as internal carpets or other floor coverings, communal decorations, internal doors and the like, get used every day and become soiled, chipped and worn out.


STATUTORy REGULATIONS AND LEGISLATION – We live in an increasingly regulated world and there are updates or changes in legislation which sometimes mean alterations or improvements have to be made to buildings, such as electrical installations, fire safety equipment, communal heating, etc.


DEFECTS – Sometimes even new buildings have defects in them. Sometimes they have not been constructed as well as they should have been, or they have poor quality components incorporated in them, giving rise to water penetration, cracking or other defects. Sadly, contrary to many peoples’ expectations, new building guarantees


(such as the NHBC) do not necessarily cover all these items and the claims procedure can be slow, complex and expensive.


STRONG RECOMMENDATION


My strong recommendation is that directors of RMCs work closely with their managing agents to make sensible (although not excessive) provision for some of these factors, so that there is the financial means to deal with issues when they arise. These need not necessarily cost a lot of money but it can


sometimes be difficult convincing lessees that it is sensible to set money aside for expenditure in future years, when they anticipate that by then they may have sold and be gone. Over the years we have acted for many lessees who are the unfortunate ones left when this high risk game of “pass-the-parcel” comes to an end and they are left holding an extremely expensive problem when the music finally stops. There is a considerable amount of study on life-cycle costings within


the building and surveying industries that goes beyond the parameters of this short article but we set out below a few very approximate indications of life span for certain common elements of the building and the effects on service charge.


LANDLORDS – BEWARE Andrew Raby, Thackeray Williams


provide services where the costs to each tenant will exceed £100. There is no substitute for looking at the provisions of the Act but, in very broad terms, if a landlord wishes to carry out major works then he must serve a Notice of Intention to carry out works, which must be sent to each leaseholder and to any recognised Tenants Association (if any). The notice must:


1. Describe in general terms the works proposed to be carried out or specify


a


place and hours where the proposals can be inspected;


Section 20 of the Landlord & Tenant Act 1985 requires a landlord to consult with its tenants or lessees before carrying out major works to a building. The consultation process enables the lessees to comment on the proposed works.


It is very important for landlords to understand that if they fail to consult with lessees properly they may find themselves with a very large bill to pay for major works. The reason for this is that the lessees’ liability to pay a contribution to major works can be capped at no more than £250 per lessee if the landlord fails to consult properly. The Act requires a landlord to


consult when carrying out major works to its building where each tenant’s contribution will exceed £250 or when entering into a long term agreement to


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2. state the Landlords reasons for considering it necessary to carry out the proposed works;


3. invite observations in writing; 4. And specify;


• the address to which observations must be sent;


• the date on which the consultation period ends; and


• indicate that any observations must be sent by this date


5.


invite each tenant and the residents association (if any) to nominate a person from whom the Landlord should try to obtain an estimate for carrying out the works.


The place and hours for inspection


must be reasonable and a description of the relevant matters must be available for inspection free of charge. If copies cannot be made on inspection the landlord must provide a copy on request by the lessee, again free of charge. If any tenant(s) make observations within the time limit set out in the notice then the landlord must have regard to them. In obtaining estimates at least two estimates for the work must be obtained. Where a contractor is nominated by the leaseholders the regulations provide that if only one leaseholder has nominated a contractor then the landlord must try to obtain an estimate from that contractor. There are further provisions where nominations are made by more than one leaseholder. Following receipt of tenders a further notice must be sent to the lessees and any recognised Tenants Association. The legislation goes further, setting


out more detail as to what must be contained in various notices, including a further notification of the estimates to the Lessees. It is impossible to summarise accurately here every detail in the regulations. What landlords need to be aware of is that a failure to fully comply with the statutory consultation requirements may result in the Landlords ability to recover full cost of the works from the lessees.


Please, as always, seek further advice on these matters.


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