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Anyone know the legal position on this? Massively out of pocket due to building work forced through by freehold committee

13 replies

OhMargaret · 21/10/2021 19:29

Long story, so my husband and I own a flat which is currently leased to tenants around the corner from our house. We're having some serious trouble with damage caused by a handyman commissioned by the freehold committee manager and we're wondering if there's anything that can be done to try and limit the fallout.

All of the leaseholders in the building pay service charges to a shared freehold company (let's call it 'Building Ltd.') that's managed by one of the other owners. We all then then vote on communal works to the building.

At the last meeting, it was voted that a leak from our balcony into the flat below would be mended. Following this meeting, we realised the scale of the job - the committee manager wanted to take out all of the decking from our balcony (it's a large terrace about 20 metres long) in order to find and fix this leak. This wasn't discussed in the meeting. The usual handyman she gives these jobs to had been rude to our tenants in the past (refusing to wear a mask during the Covid lockdown, turning up at times that weren't agreed, accidentally drilling through a mains electrical wire amongst other things) so we asked if we could replace him with a professional roofer as this was quite a big job. We sent her the details of a trusted roofer (who was also cheaper and quoted a shorter duration for the job) but she refused and insisted on pressing ahead with the usual handyman. She said we should have raised this during the meeting and that it was now too late to have a say.

As a result, we had our first meeting with the handyman the week before last. During this meeting, he agreed to remove and then replace the decking on the terrace, leaving it as he found it. He also agreed to start work the following week as the tenants were working from home and needed time to make alternative arrangements.

Neither of these agreements were honoured. He turned up and started the job the day after next, at which point the tenants handed in their notice (this is despite my waiving 50% of their rent of £1800 in order to try and smooth over the situation).

The handyman has also destroyed the decking. This was relatively new decking, fitted 6 years ago at a cost of £3000. He claimed it was already rotten but didn't inform me of this before chopping it into small pieces and throwing it away.

In addition, we won't be able to find new tenants while this work is ongoing. He has quoted 3 weeks for this job (although he frequently overruns so it could be longer).

We're currently £3000 out of pocket for the decking and another £900 for the rent. It's likely we'll lose another £1800 in rent next month.

We've spoken to the committee manager about this several times but she insists that these costs are entirely our own problem.

It's unlikely that the freehold committee would vote to help us, even if they had the opportunity, as only our flat has been affected.

Is there anything at all that we can do to try and recover at least some of the damages?

Have considered contacting a solicitor but I'm wary of spending hundreds of pounds just to be told that there's nothing that can be done.

Any thoughts v. much appreciated!

OP posts:
SixQuidGames · 21/10/2021 19:48

That sounds like an incredibly difficult situation. Perfectly honestly, I think you would be much better advised to find a solicitor who specialises in leasehold law than ask on an internet forum.

Apologies, I don’t say that to be dismissive, but your issue sounds quite complex with potential future implications for you and other owners in the block.

LawnFever · 21/10/2021 19:52

How can she force you to take a different workman? Surely whoever it is needed access to your property? Couldn’t you have just said no and booked your own company?

Wasn’t the leak covered by home insurance? They often are, did you report it to your insurance?

SixQuidGames · 21/10/2021 19:57

Freeholders seem to be able to dictate pretty much what they want. I was a resident director for the block of flats I lived in and we were being absolutely fleeced every year for buildings insurance. We pushed extremely hard to be allowed to get a better deal but the freeholder completely blocked it.

OhMargaret · 21/10/2021 20:40

@LawnFever we did deny access but she then redefined the job as an 'emergency', which apparently gave the freehold committee the power to override our (or the tenants' ) right to do this - as long as 24 hours notice had been given.

The builder actually got onto the balcony via a ladder from the back garden!

OP posts:
OhMargaret · 21/10/2021 20:46

@SixQuidGames thanks for your advice, I think you're probably right. We're wary of getting fleeced all over again by the solicitors as it seems to be a muddy situation legally - I just thought someone might at least have some idea of how these things tend to go. I agree there are precedent implications.

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393C0nvexati0n · 21/10/2021 23:35

Do you have landlord insurance?

LawnFever · 22/10/2021 07:44

@393C0nvexati0n

Do you have landlord insurance?
This is what I also asked OP, leaks are usually covered by insurance, wasn’t it reported to your insurance company?
393C0nvexati0n · 22/10/2021 12:39

The freeholder should have insurance

The owner of the flat should have insurance

If the flat is rented out, it should have landlord insurance

NoSquirrels · 22/10/2021 12:43

All of the leaseholders in the building pay service charges to a shared freehold company (let's call it 'Building Ltd.') that's managed by one of the other owners. We all then then vote on communal works to the building.

So one of the joint legal owners of the freehold also owns a management company, which the block employs?

I’d be asking to vote on finding a new management company. It’s an absolute conflict of interest.

Do any of the other owners/leaseholders have issues with the way it’s managed?

NoSquirrels · 22/10/2021 12:48

Are you a leaseholder, or is the blocked owned share of freehold?

OhMargaret · 22/10/2021 20:16

@393C0nvexati0n @LawnFever we do have landlord's insurance, just looking into it now in case we are covered for any of this.

It was presented to us as a communal building problem and we didn't think to challenge that at the time. In retrospect it would have been much better (and cheaper) to deal with this leak ourselves via our own insurance coverage.

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OhMargaret · 22/10/2021 20:24

@NoSquirrels yes we do own a share of the freehold and yes, as you say, one of the other freeholders owns a management company that books these jobs, once they have been voted on (nominally) by the rest of us.

In practice, most of the other freeholders don't really want to have to deal with this stuff - it's generally minor works - so they're happy to palm it off on very little information. However, there have been multiple problems with this particular handyman over the last few years so we probably could and should drum up a vote to establish better management at this point.

Too late for us, unfortunately.

OP posts:
OhMargaret · 22/10/2021 20:27

@393C0nvexati0n I hadn't thought about freeholder insurance. I actually have no idea whether this exists on our case. Will find out, thanks for the heads up.

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