ARMA ASK THE PROFESSIONALS
ExtErnal rEdEcoration
BruceMaunder Taylor, a chartered surveyor and member ofARMA’s council, provides answers
to readers’ questions QUESTION I live in a building of four flats, the four lesseesownthe freehold interestwhichisregisteredinour four names. The lease provides that the outside paintworkmustberenewed every fiveyears, the other three lesseesfavourarollsroycejob from an expensive decorator, I favour a reasonable job froman experienced and competentpainterwhosequotation is
approximatelyhalf.Mygrouseisthat I do notfeelthat Ishouldsubsidise the tastefor excess of the lesseewhois basically driving the other three. Theother three areowner occupiers.
Ilet outmyflatwhich is another cause ofadifferenceofapproach between us. TheTrust agreementwehave between
us forowning the freehold states that wedo nothave to actunanimouslybut mayact byadecisionofany three of the
trustees.Soitlooks as though they are going to win. Is there anything I can do?
ANSWER Nomatterwhat theTrust Deed says,the landlord (the four of youacting collectively)mustcomplywiththe consultation procedures underS.20ofthe Landlord andTenantAct
1985.From the detailsgiven in your letter (which was much longer than Ihaveset outabove) it is clearthatnostatutory consultation procedures have taken place but that all four of youhavebeenkeptinformedand the spirit of the consultation procedure has been followed,whether consciously or just by pure luck. If the three lesseeswho want the
RollsRoyce job proceed anddemand your shareofthemoney,Isuspectthat aTribunalwould consider that they have reasonably given notification of the intentiontocarry outthe works, two estimates have been provided, albeit one
by each side of theargument, andthey may ormay not consider that reasons have beengiven forchoosingthe more expensivequotation. Most Tribunals are likely to find it
difficulttogivedispensationwhenthe RollsRoyce job wasdoublethe reasonable
job.Myadviceisthatyou send themyour cheque foryourshare of thereasonable quotationwhich youhaveobtained,offer it in fulland final settlement, warnthem that they have not complied with the statutoryconsultationprocedures, and that youhavethereby beenprejudiced. Nowthe UncleArthuradvice: Ihave
seen toomanycases inwhicharguments of this nature have builtupintoalarge dose of unpleasant andextremely costly litigation inwhichthe costsare entirely disproportionate to the sumofmoney in contention. I strongly advise you either to have ameeting with your three colleagues, resolveyourdifferences and findareasonablebusinessmannerin which you can conduct themanagement in thefuture, or,ifthatcannotbe achieved, then sell this flat andmove on.
The Association of Residential Managing Agents (ARMA)isatradeassociationfor firms thatmanageprivateresidential leaseholdblocks of flats in England&
Wales.ARMApromoteshighstandardsof leaseholdmanagement by providingadvice, trainingandguidanceto itsmember firmsofmanaging
agents.ARMAalsoproducesguidancematerials for leaseholdersandResidentsManagementCompanies.With almost300firms inmembership,ARMA alsocampaigns forimprovements in thelegislationgoverningtheleaseholdsector.
FindARMAatwww.arma.org.uk
22 Issue 15 Flat Living
Ifyouhaveaquery, email it to
info@flat-living.co.uk
Allnamesand addressesare withheld
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