Antonio plans to propose this to the general meeting for all leaseholders on 24th July 2023
Below are outlined the steps in order to get the issue with the cyclical work right:
At this moment, we are at point 3, and at point 4, we already know what the lease says. To get to point 5, we must therefore show that the cyclical work was not only completed with subpar labour, but also that perhaps we are paying too much for it. The only way to do it is to hire a surveyor, who will then be able to provide a report on the work completed and the cost, allowing us to go on to point 5.
1. Review the Leasehold Act: Familiarize yourself with the provisions of the Leasehold Act that pertain to your situation. The specific legislation in question may vary depending on the nature of the work and your lease agreement. In England, the relevant acts include the Commonhold and Leasehold Reform Act 2002, the Landlord and Tenant Act 1985, and the Leasehold Reform, Housing, and Urban Development Act 1993.
2. Understand your lease agreement: Carefully review your lease agreement to determine the rights and obligations of both you as the leaseholder and the landlord or freeholder. Pay particular attention to any clauses relating to the cyclical work, maintenance responsibilities, service charges, and dispute resolution procedures.
3. Communicate with the landlord or managing agent: Contact your landlord or the managing agent responsible for the property to express your concerns and attempt to resolve the issue amicably. Provide specific reasons for your dissatisfaction and request further information or clarification regarding the work being carried out.
4. Seek legal advice: If your initial communication does not yield a satisfactory resolution, consider seeking legal advice from a solicitor who specializes in property or leasehold matters. They can review your lease agreement, assess your rights, and advise you on the best course of action based on the specific details of your case.
5. Mediation or alternative dispute resolution: If informal discussions and negotiations do not resolve the issue, you may consider mediation or alternative dispute resolution methods. These processes involve a neutral third party who can help facilitate a resolution between you and the landlord or managing agent without going to court.
6. Leasehold Valuation Tribunal (LVT) or First-tier Tribunal (Property Chamber): In some cases, you may need to make an application to the Leasehold Valuation Tribunal (LVT) or the First-tier Tribunal (Property Chamber). These tribunals handle disputes between leaseholders and landlords concerning various leasehold matters, including service charges, maintenance issues, and lease interpretation.
7. Court action: If all else fails, you may need to consider taking legal action through the court system. This can be a complex and costly process, so it’s crucial to consult with your solicitor and carefully assess the merits of your case before proceeding.
St Martins TRA 