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Cheeky neighbours want me to pay

435 replies

eggfairy1 · 12/04/2022 22:55

New neighbours bought a flat in my building. There are eight flats in total in the building.

I haven't met them yet but they're buying for investment and I found it posted online for rent already.

I came home the other day to find the main door to the building had been painted. It was shabby before and could do with a coat but this was surprising since I hadn't been consulted and it was a shared door. The new colour is black which I was always told was a bad omen. I really didn't like it but didn't want to make a fuss.

They have now emailed us saying they want the flats to equally contribute £25. Lovely to meet you too.

It may not sound like a lot of money but I am really budgeting right now and my weekly budget for fun is £30 and it would have to come from that which is miserable.

I just know if I send them the money I will be bitter about it and anxious that they may expect me to pay in the future without consenting me.

If asked, I would have reluctantly agreed to have it painted just not black.

Is there any way I can get away with not paying and not entirely ruin any relationship with them?

OP posts:
longwayoff · 13/04/2022 10:33

Try living on an unadopted road and getting 12 householders, who all have equal responsibility for road repair, to agree on filling a couple of potholes. Years of bickering so good luck with the door. Ignore.

BuanoKubiamVej · 13/04/2022 10:34

Reply back "Where work is necessary, agreed in advance with appropriate competitive quotes obtained, and where decisions like e.g. colour are open to discussion with all affected residents, then obviously it is reasonable for all the flat owners to contribute. In this case you unilaterally decided to do the work without obtaining consent in advance from your neighbours and it is not at all appropriate to demand payment retrospectively. In future if you feel work needs doing please arrange a consultation. I will not contribute to work that takes place without an opportunity to participate in the decisions."

ElenaSt · 13/04/2022 10:39

Go and paint white polka dots over the black door and send them a bill for £25.

babyjellyfish · 13/04/2022 10:41

Just ignore them, OP.

Either that or kick up a fuss about the fact that they painted the door without consulting the other owners about the colour and cost in advance.

I wouldn't worry about your relationship with them either, since they don't plan on living there.

BlanketsBanned · 13/04/2022 10:41

It sounds a strange set up, there should be buildings insurance, a management company or similar and a slush fund for works, what happens if the roof leaks, or there is storm damage, it could cost thousands and someone would have to arrange the inspections and oversee the work. Someone must own the actual building. Is there a residents committee. The estate agent, solicitor would know if its leasehold or freehold, it will be in the sales info pack and part of your deeds. I wouldnt pay for the door though if you didnt agree to it or knew it was being done, they may well do other improvements without any discussion.

ServantofthePeople · 13/04/2022 10:43

If you are in Scotland that changes everything on the legal side.

so disregard all legal advice above including mine if not Scottish-based!

[point stands about letting officious neighbour do the fighting though]

DameHelena · 13/04/2022 10:45

@eggfairy1

I had a look at the deeds and there is no mention of leasehold or freehold but it says in order for maintenance the majority of the flats should be in agreement then the work can carry out and the rest are obligated to pay.

I'm also in Scotland

Well, you can't be considered to be 'in agreement' if something is done as a fait accompli.

I have to ask, though: do you not know what the leasehold/freehold situation is in your flat/building? ie do you not know if you yourself are a leaseholder or a freeholder? (and sorry if you have said this and I've missed it). And you say there is 'likely no building insurance' – why? And why are you not on top of this?

readsalotgirl63 · 13/04/2022 10:45

If you are in Scotland then there is no such thing as leasehold and freehold. However most blocks of flats have some sort of property management ( usually called a Factor). The factor is responsible for ensuring there is communal buildings insurance and for maintenance.
All maintenance should be agreed in advance and quote should be sought. Do not simply pay. This is a useful website underoneroof.scot/

readsalotgirl63 · 13/04/2022 10:46

It would be a really good idea to have a residents committee. No-one should be doing work and then billing others without prior agreement and getting more than 1 quote.

DameHelena · 13/04/2022 10:47

[quote readsalotgirl63]If you are in Scotland then there is no such thing as leasehold and freehold. However most blocks of flats have some sort of property management ( usually called a Factor). The factor is responsible for ensuring there is communal buildings insurance and for maintenance.
All maintenance should be agreed in advance and quote should be sought. Do not simply pay. This is a useful website underoneroof.scot/[/quote]
Ah, sorry, hadn't twigged that. But I am worried about the lack of buildings insurance and/or the OP's seeming ignorance of it.

caringcarer · 13/04/2022 10:47

Reply stating in order to make changes to communal areas a formal consultation/meeting should take place. You do not recall any such meeting. You would not have agreed to the colour black. You will not be paying. In future please consult others before steaming ahead.

readsalotgirl63 · 13/04/2022 10:48

Also might be useful to post on Scotsnet as there will be more Scotland specific advice on there. I think it is a legal obligation to have buildings insurance

ArianaDumbledore · 13/04/2022 10:48

My mum's flat had stuff organised by The Factors, there was a management charge but if these owners are going to be awkward it might be having Factors would be worth it. Though you'd need to get the majority to agree.

eggfairy1 · 13/04/2022 11:05

I've only lived here a year and am a first time buyer. I had my own insurance but I didn't realize that buildings insurance is needed.

UPDATE: Overbearing neighbour (not cheeky neighbour) has added to the email supply chain that she has paid and is fully expecting everyone else to pay too as its our obligation. No-one else has responded

OP posts:
readsalotgirl63 · 13/04/2022 11:07

A majority of the owners need to agree to either appoint or change Factor. It is possible to self-factor( manage) but it needs someone who is willing to do lots of donkey work/admin. The big thing is the communal buildings insurance which is a legal requirement.
I would strongly suggest you look closely at your factor bills and see exactly what you are paying for

readsalotgirl63 · 13/04/2022 11:10

Ah - just seen your update. Have a look at Under One Roof - link I posted earlier.underoneroof.scot/

You are not obliged to pay when the work has not had prior agreement and quotes have not been sought so tell overbearing neighbour to do one.

Absolutely you do not want people doing work and then billing you. That is not how tenement properties or blocks of flats work in Scotland.

Are you in Glasgow OP ?

Heythere13 · 13/04/2022 11:10

You didn’t realise buildings insurance was needed!!

CatsAreBoppinAroundToTheRadio · 13/04/2022 11:11

Op, sorry to ask but can I just clarify that you own your flat-you have bought it, you are not renting?

I have to ask this as I'm a little bit baffled that you are not sure whether you are a leaseholder or have share of freehold. This should have been made very clear to you when you were purchasing the property, at the very least by your solicitor.

I used to own a flat in England, so the rules might be different for you, but mine was share of freehold. This meant that all of the owners of the flats in the building (who all had share of freehold) had regular meetings to discuss any issues in the building.

While I was there, the whole of the outside of the building was painted, but that was discussed in advance, which included the discussion of quotes.

We all paid a monthly maintenance fee to a management company who would arrange the work that we as shared freeholders would have agreed upon. The fee covered buildings insurance and maintenance to the building, along with lighting and heating in the shared areas I believe.

Part of the money that we paid, was going towards future repairs, which is known as a 'sinking fund', mainly for the roof, which didn't need repairing while I was there, but it had to be paid towards, because that covers all eventualities and helps you to sleep at night!

You definitely need to ascertain what you are responsible for. Either way, I'm very sure that your neighbour should have had a meeting with all of you, found at least three quotes from decorators and then received permission from the other owners before going ahead.

Although this is a big deal because of your budget, this situation is revealing an even bigger deal if your roof caves in and there is no sinking fund to cover it!

Double check your deeds again. If you find you all have a share of freehold, then you don't have to employ a management company, you can agree an 'as and when' situation with your neighbours, but this runs the risk of there being no money for larger jobs if anything major happens.

I would in this situation check my deeds, if I'm still unsure, speak to a solicitor.

Either way, perhaps a note through all your neighbour's doors from you for a meeting would be good once you've found out your leasehold/freehold status.

I would recommend an organised written agenda including:

A) clarification of leasehold/freehold status

B) your responsibilities

C) how you wish to proceed: either 'as and when' or maintenance company

D) a discussion and vote about your new neighbour's decoration and demand for money. The above previous points will have helped you all reach a decision as to how you should handle that. E.g. this was not discussed or voted upon so cheeky neighbour will have to cover the costs themselves

E) making it crystal clear from that point onwards all future maintenance will be discussed and voted upon before any action taken.

Hope some of that helps and best of luck, either way I think your new neighbour is a cheeky fecker and is trying to make a few bob out of you all as they probably painted it themselves!

Heythere13 · 13/04/2022 11:11

These new owners sound like they could be the best thing for the management of this large block of flats

PrincessPaws · 13/04/2022 11:11

I wouldn't ignore them as they will just keep doing work and adding it to your 'bill'

I would go back with a 'Thanks for your email and welcome to the building. I wasn't consulted on this piece of work being done, and I am afraid I am not prepared to contribute to this or any other improvements which haven't been agreed to in advance'

BlanketsBanned · 13/04/2022 11:12

Maybe you should hold a residents meeting to determine if there is a self appointed Factor or a company who manage the property. Has the overbearing neighbour taken on the responsibility of managing the block. You probably do all have an obligation to maintain the common areas but there should be a consultation first, one of the residents may have painted the 2 doors for free if asked, ask Shelter or your solicitor.

monty09 · 13/04/2022 11:13

@eggfairy1 definitely do not pay anything until you have seen the invoice from the painter, no way would it have £200 to paint one door! I am a painter & decorator and wouldn't charge that much.

DameHelena · 13/04/2022 11:13

@eggfairy1

I've only lived here a year and am a first time buyer. I had my own insurance but I didn't realize that buildings insurance is needed.

UPDATE: Overbearing neighbour (not cheeky neighbour) has added to the email supply chain that she has paid and is fully expecting everyone else to pay too as its our obligation. No-one else has responded

I'm a bit surprised that your solicitor or mortgage broker never mentioned buildings insurance. But OK. I'd email back, 'I'm not willing to pay as I wasn't consulted in advance and so cannot have agreed to it, so the obligation to pay is null and void.'
NewandNotImproved · 13/04/2022 11:14

What are you going to do, OP? Any of the suggestions given you an idea?