We deal with many property owners that are often frustrated with the irritating time delays, the paperwork necessitated by 'red tape' and the lengthy process of discussions and debates. In most cases, residents feel they could make a simple repair themselves far quicker. Why is it things have to take so long?
Firstly, it is indeed often quicker (and generally cheaper) for residents to undertake work themselves or independently. While this option can and does have a place in the management of multi-property developments, one of the requirements with shared living is the need to discuss and agree actions and costs with others. This can be frustrating, but it is a necessary part of managing shared spaces fairly and equitably.
Landlord's instruction
The Landlord and Tenant Act 1985 (as amended) requires that works are incurred by or on behalf of the Landlord (normally the freeholder of a block of flats - see our previous post about different roles here). What this means is that any work instructed in relation to the communal areas must be instructed (or at the very least, approved) by the Landlord.
This point can appear quite obvious, however for understandably frustrated residents suffering from a leak, or a lift that hasn't worked for weeks, or simple gardening not being done, it can seem obstructive. This can lead to potentially rash decisions by individuals to undertake certain work, and risk incurring significant costs that may not be appropriate.
It is important to remember as well that the Landlord (or their agent) has to consider a range of factors for all work that is undertaken. This includes more than just finding a contractor available to complete the work, and often requires multiple quotes to justify specific costs, due consideration to Health & Safety requirements, and the need to consider alternative approaches that may be more cost effective or safer. Landlord's should also consider alternative ways of procuring work e.g. is the fault covered by a warranty / guarantee, is an insurance claim appropriate, or is a third party responsible. Residents rarely have access to all this information, though in most cases good communication between different parties can help improve the understanding of any delays.
Recovering costs
One of the other risks with arranging work independently is the payment of the bill. While in most cases residents feel less aggrieved if they are dealing with small sums, it is quite clearly inappropriate for an individual to unilaterally commit thousands of pounds of service charge without the approval of other owners or the Landlord. If costs are not incurred in the correct manner, with the Landlord's approval, then that individual could end up responsible for the full bill on their own, regardless of any benefit to other residents. You can read a review by KDL Law of a recent court case on this issue here.
How formal is too formal?
Even in less formal scenarios, such as a small development with very few owners, these issues can cause significant problems. While there is value to informal discussions or conversations with other owners, it is important to secure written approval or minute meetings to evidence any work you do individually has been approved by the Landlord. This can be anything from some light gardening to redecorating your flat after a leak. This approval does not need to take the form of a formal meeting with agenda and minutes, but a few emails on the topic can be a huge help.
Communication is key
As always, the best thing to do is communicate with your Landlord or their agent. First and foremost, this will often help you to understand the reason for any delays or frustrations, whether it be a cost-saving exercise or essential safety requirements that need to be resolved. You may sometimes be surprised by what needs to be considered!
This will also help make the Landlord aware of your offer and enthusiasm to help resolve the issue, and provided you can do so in a safe and reasonable manner, they could well agree for you to proceed.
If you are looking for a new agent to help improve the approach to repair works, or simply want some advice on a specific issue, please reach out to us on info@lovepm.co.uk.
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