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Brill

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  1. The Tenant has requested me not to do anything more. The Tenant has decided to buy a freehold property and move rather than face greater bills in the future. Thank you for your help Brill
  2. Many thanks for your interest. I am an attorney acting for someone who works abroad and have been concerned over the years that the Bills have been mounting. The property is divided into 18 Flats and each Tenant pays 1/18th of the cost of maintaining the building a) service charge The latest Service Charge demand included an item of Major Works and the account was in the name of the Managing Agent, a Chartered Surveyor. I sent a letter asking for details as I was not aware that any major works had been done to the property in the relevant financial year. I refered to 'maintenance' as the Landlord is able to make charges for maintenance. When the Managing Agent was telephoned and asked about the charges the Account Section said that the account was in respect of 'an oversight of accounts which goes back eight years'. I have had no substantive reply to my initial letter and have reminded the agent that I require a reply. I believe that the agent has been trawling through past accounts and, in this financial year, has included a 'final payment' for some works done in the past - I do not know what! For each financial year the agent produces a receipt and expenditure account and, so far as I am concerned, where an account has been settled that payment should be final. I am still pressing the agent for full details and have reminded the agent of his obligation ubder the L & T Act 1985 that information should be provided in one month (the agent is already in breach). b) asbestos I have looked at the Lease and the Landlords duty to maintian extends to:- the main structure of the Building meaning all exterior walls thereof and all interior walls of the building other than dividing rooms within the building and shall include the outside spouts guttering and down-pipes but does not include the parts of the walls ceilings and floors (which are within Flats - the Tenants responsibility) and the roof joists and timbers supporting the roof and the tiles slates lead glass felt or roofing materials and includes any chimney stacks and props and all ornamental works on the eaves or the roof of the building Maintenance shall impose an obligation on the Landlord To maintain in good and substantial repair and condition the main structure and roof of the Building the foundations thereof the floors and wall of any balconies and the glass house (save in so far as the obligation to repair and maintian the same may at any time be otherwise imposed on any Tenanat thereof) and the Boundary walls or fences and maintaining the staircaase and common entrances halls passages and landings in the Building in good order and condition and renewing such parts of the same as and when the same shall become necessary' There is no mention of the cellars in which the asbestos was found. When the asbestos was found the cellars were closed (this Tenant never used them). I am not aware of any consultation (I did not get any letter as the Agent deals with me). I am not aware of any notices. I do not know the sums involved. c) Wall ties Sorry but no Notices and I do not know the full costs but I belive that estimates were obtained. The Lease is detailed about what was included as part of the maintenance but wall ties are not specifically mentioned. d) Roof Again I have no details. e) Painting The Lease requires the Landlord 'To paint all the wood and metal work of the outside of the Building (including the outside of the window frames) and all other outside parts usually painted with at least two coats of paint in every fifth year of the term...' I was at the Flat when the painter was doing the rear windows. The Flat is on the third floor and a ladder was placed up to the window and there was one coat of gloss paint put over exisitng paint, I did not see any preparation work. I wrote to the agent and complained and nothing happened. When the painting was to be done again Tenants (on an individual basis) were charged for repairs to frames (which in this flat are minimal as a previous tenant had had the windows replaced with plastic). I asked the agent to obtain some form of warranty for the work done but my letter was ignored I will visit the Flat and see what paperwork I can find. I have found that any correspondence with the agent is a waste of time. Once again, many thanks for your interest
  3. LANDLORD AND TENANT ISSUES What is maintenance and what is an improvement? a) Is an account relating to accountancy errors over the last 8 years either a maintenance or improvement. b) In the last 2 years the Landlords, through an agent, has charged tenants for the removal of asbestos in common areas. Can the Tenant be charged? c) In the last 2 years the Landlord, through an agent, replaced 'ties' between the outer wall and inner wall of the building. The apartment block was built around 1920 and converted to Flats in 1977. The tenants have paid for this work. d) As part of the service charge the Tenant pays the Landlord for the costs of insuring the property. The roof of part of the building needed repair as there was damage due partially storm damage. In any event the agent arranged for the roof to be renewed and the tenants had substantial bills. Obviously the new roof is in a far better condition than at the commencement of the term, it is new rather than 50 years of age. Was this an improvement? e) The Landlord is responsible to paint the exterior of the whole property. I complained that the painting was not professionally completed. On the next occasion the property was painted the Tenants had large bills for repairs to the window frames. Is the Tenant responsible?
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