| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Wednesday, 7 September 2011Service Charge for works to leasehold flatsIn general terms, where a landlord (L) proposes to carry out works and recover the cost from the tenants (Ts) by way of service charge, he must consult first The rules apply to “Qualifying Works” i.e. works to which an individual T will have to contribute more than £250 In those circumstances, L must 1. Give notice (“Stage 1 Notice”) of intention to carry out the works to each T and any recognised tenants’ association. This must describe, in general terms, the proposed works (and a description must be available for inspection); state why L believes the works are necessary; invite written observations within 30 days; and invite nominations for contractors within 30 days 2. Have regard to observations made within the 30-day period 3. Try to obtain an estimate from contractors nominated during the 30-day period 4. Serve a Statement a. Summarising at least two estimates. Any estimates from contractors nominated by Ts must be included. All estimates must be made available for inspection and so, if not too much paper, it might be better to attach copies to the Statement b. summarising any observations made and L’s response to those observations c. inviting written observations on the estimates within 30 days (the Stage 2 Notice) 5. Have regard to observations made within the 30-day period 6. If he chooses to contract with his own contractor (i.e. one not nominated by Ts) or one who did not give the lowest estimate, serve written notice of his reasons for his choice and a summary of , and his response to, any observations received in response to the Stage 2 Notice If he does not follow this procedure, L will be limited to recovering just £250 from each T in respect of works There is a similar but slightly different procedure for “Qualifying Long-Term Agreements” i.e. service agreements entered into by L which will run for over 12 months and where the contribution payable by the T will exceed £100 in any service charge year Labels: landlord, leasehold, qualifying works, Service charge, tenant
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The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).