X

Sign Up

or

By signing up I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Sign Up

Sign Up With Facebook, Twitter, or Google

or


By signing up, I agree to Property Tribes Terms and Conditions


Already a PT member? Log In

Log In

or


Don't have an account? Sign Up

Forgot Password

To reset your password just enter the email address you registered with and we'll send you a link to access a new password.


Already a PT member? Log In

Don't have an account? Sign Up

  • Legal FAQs

    Shall I let this Maths Typo go ?

    Hi

    So I`ve been  served a formal legal... Notice of Intention Schedule 3 qualifying works blah blah blah etc etc under 2003 Regs blah blah blah for some major works

    Its actually on 3 properties . One mine , two are clients. So 3 separate letters in all

    Ive notice a typo on 2 of them . I like to be picky

    I will round up the figures for you

    They wanted to express my share of the total bill as a decimal but.....

    on some they have mistakenly added a % sign

    So 4 flats in the block where a new roof is required  - total cost £40,000

    They say its a 0.25% cost to me ....That is only £100 happy days . Clearly wrong though

    The % sign they say is a mistake and `non applicable` and it should have read 0.25

    That is £10,000 which is what they meant

    If they wanted to express it as a % they should have written 25% not 0.25%

    Where do I stand legally if I only pay £100 saying - well that`s what your formal legal notice states ?

    1
    1

    Jonathan Clarke. http://www.buytoletmk.com

    I have no idea legally, but if 3 of you only pay £100 you're not going to get a new roof.

    Do you believe the works are required?

    No reason not to have a bit of fun though!

    1
    0

    They put the roof on then send the bill so the power is with me! 

    but yes i could have a bit of fun

    Yes def required . The roof has suspect tiles for the pitch and after 40 years are starting to fail

    the whole estate is being done by the council who are the freeholder

    The price is a bit steep  and is capped at 10K 

    the council charge 12.5% for mismanaging the project


    0
    0

    Jonathan Clarke. http://www.buytoletmk.com

    Does your lease allow you to be charged for improvements rather than for repairs? Changing the type of tiles sound like an improvement to me.

    You may also want to look at Florries’s law which could limit the amount you need to pay for repairs over the next 5 years (if you have to pay the £10,000).

    0
    0

    I`m not sure if its classed as an improvement or a repair. My understanding is that they needed repairing because complaints from council tenants were on the rise as water was getting in through the tiles and the failing felt so rather constantly trying to patch things year by year up they elected to repair/ improve by replacing the whole roof with a new tile. I heard through a reliable source  that modern building regs would not have put these types of tiles with this type of pitch .

    I was unaware of Florrie`s law so thank you i googled that. This explains the cap of 10K then as the share was to be around 13K if not so good on Florrie I say

    A solicitor is looking into all of this to see whats what

    0
    0

    Jonathan Clarke. http://www.buytoletmk.com

    Yeah, you probably won't get away with it legally, but sometimes in life there's a right time to be a pedantic dick and this is one of those times!!!

    Think of it as giving them some employee training in the importance of attention to detail!

    0
    0

    You read my mind!  I can often be a really  annoying pedant but in this case I feel a 9.9K potential saving means I may not in fact fit the dictionary definition

    I have some other other beautifully pedantic traits though and in another world I would have trained as a solicitor maybe as they seem to have an admirable  pedantic mindset . Council staff seem likewise seem  to possess  pedantic leanings and are a great adversary I must admit . We battle long and hard  into the night sometimes. 3 years it took last time to get a free new roof from them worth 10K because of their ineptitude. I tell my clients to be patient and play the long game .

    My mother just tells me to grow up . You cant win  sometimes


    1
    0

    Jonathan Clarke. http://www.buytoletmk.com

    hi JC

    Worth holding out in my view

    "Council staff seem to possess pedantic leanings and are a great adversary............"

    My freeholder (council) put up a new roof and my share of the cost was £13k in 2012, incl management fees. No invoice was ever issued, although the initial S.20 paperwork was copious. The S.20 Notice, on page xxxxx(way at the end after multiple appendices) included a statement that payment terms over 24 months would be considered.

    The council sold out to a Housing Association. In 2017 I received an invoice for the £13k and a payment demand complete with summons to Court. [Unluckily the Housing Association must have an accounts staff awake!]

    I called them. "Oh we had heard a rumour about the 24 months but no-one has taken advantage of that and anyway you've had 4+ years to pay"

    Me- "I only pay on invoice and your invoice is dated last week. I will be setting up a standing order over 24 months starting next month."

    I will finish paying them in Q4 2019, more than 7 years after the new roof went on.

    Not a free roof, but very positive cash flow for me. I've also received higher rents as tenants were so happy not to have water dripping down bedroom walls

    Worth reading every single word in every document you ever receive from a freeholder and holding their feet to the fire. They have a staff of hundreds including experts. You and I have to pay for ourselves.

    3
    0

    Also, this story highlights why I hate leasehold!

    3
    0

    Leasehold is a love/hate with me

    There are many negatives I agree 

    But I weigh up the cost to my time against  the savings +money I`ve made precisely because they are leasehold so I must love them quite a bit as I have bought a few over the years

    The real positives for me doing  50%  DSS are that you buy at a 25k/ 50K discount to the equivalent freehold maybe but get the same rent.

    At a 25K saving on PP and a positive 300 pcm cashflow  thats a 7 yr head start  over a freehold

    I also use the freeholder  as a project manager and sometimes they perform well and save money through economies of scale.

    They have put brand new UPVC front doors for free in the past to tidy up an estate and when they replace windows they sort  it all out for me and i just pay the bill.

    Scaffolding is not cheap either

    I would have have to do it anyway and it smartens up the whole block so adds value .




    0
    0

    Jonathan Clarke. http://www.buytoletmk.com


    All good points.

    I think what would illustrate my concern with leasehold is Grenfell.

    Not the tragedy itself, but the aftermath where leaseholders got a huge bill for replacement cladding, neccesary, but avoidable if the correct materials were used in the first place.

    Or in short, lack of control.

    0
    0