Jump to content

A legal query Trespass or contract law?


mattH

Recommended Posts

Dear all, East Dulwich Forum Legal Hive mind......


If a company is contracted out to do works, can a resident refuse to allow them to continue - where that resident has not made the contract?


Details:


A friend of mine is a leaseholder and has been presented with a charge for maintenance and renovation works.... The contract for the works is between a social housing management company and the contractor.


I am a builder and the charges he mentioned I know to be ?500% above competitive market rates on average. The charge Flat roof repair using a fibreglass system is 800% more than market rates...


So, Both the Leaseholders and the social housing company will have to pay massively over the odds if the works continue.


I have flagged this with officers in the department, flagged it with various councillors.


Question for the Hive mind:


Is there a legal way a tenant or leaseholder can refuse to let third party contractors onto their property?


Second. Where the faulty works have caused water damage, can this be grounds for tenants refusing to let contractors on their premises?

Link to comment
Share on other sites

Firstly.......I am not a qualified lawyer of any kind but have dealt with some similar situations personally.


1. Your friend should look at the Leasehold Advisory Service website - this body is government funded to give advice to leaseholders.


2. Before contacting LAS your friend should read and have to hand a copy of their lease and any correspondence they received from the social housing company you mention about the works.


3. Your friend should be clear about exactly who the freeholder and also exactly what the management situation is. Is the block managed by the social housing organisation itself, or do they employ a managing agent, or is there a residents' management company for example?


4. Whatever the situation, whoever is responsible for managing the building must by law carry out a consultation exercise - which has several stages. This should e.g have notified your friend of what works were intended, issued invitations to tender, invited leaseholders to suggest alterntive contractors, supplied details of the tenders and invited comments from leaseholders. Your friend should have received 2 - 3 letters about the works long before they started and if the managing agent did not carry out the consultation to the letter of the law it will not be valid.


5. I think you should perhaps ask your friend why they did not reply to any of the letters they ought to have received at each stage of the consultation prior to the works being awarded?


6. Your friend should also speak to other leaseholders to check what they received. Is anyone else saying they weren't aware of what was happening? Or has objections to the costs?


7. Your friend should check what their lease says about allowing entry for properly notified repairs. Your friend may be in breach of their lease if they refuse entry.


8. Your friend should ask LAS if they think s/he has any grounds for taking a case to the First Tier Property Tribunal (which is cheaper than the County Court to access and more informal - easier for lay people if they have a strong case). Good luck.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Latest Discussions

    • That is horrific.  I can't even believe that this a thing.  Really what planet do these so called humans live on...    It actually says that the little fluff balls will be gassed.    It should be illegal.  At least one person took the time to read the letter.   I am shocked.
    • Looking for some advice here! Our little one is sleeping, finally, but still gets upset when going to bed or waking up. Has anyone tried one of the star/galaxy projectors you can get for them at night, and does it distract and sooth them enough to send them to sleep? Recommendations are very welcome here, as there are many different options online, from the suspiciously cheap to eye wateringly expensive. Is it a case of you get what you pay for? Advice gratefully received! LL
    • Wouldn't it be better to have a stall at North Cross Road market with a board explaining what they do rather than obstructing the pavement by "explaining" to people what they do one by one?
    • PETA are on to it,  makes horrendous reading, thanks for bringing it to our attention.💔
Home
Events
Sign In

Sign In



Or sign in with one of these services

Search
×
    Search In
×
×
  • Create New...