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  • Leasehold question - possibly @danstuff & @BleakRefs might have some insight -

    Maintenance is delivered under a Long Term Agreement

    There was a charge on my service account bill for £400 for a single piece of work, very few details given on what it actually was.

    I'm trying to figure out if the landlord was supposed to consult over this, whatever it was, or whether because it was delivered under a what I assume is a Qualifying Long Term Agreement, there was no need to consult - which seems a bit bonkers.

    Should they have consulted or not?

  • If it's a Long Term Agreement but the landlord is proposing to carry out works under that Long Term Agreement which would constitute Qualifying Works (which these would be if they're for a single piece of work since they're for more than £250) then the landlord still has to consult, but the consultation requirements are not those for normal Qualifying Works carried out outside the scope of a Long Term Agreement (found in Schedule 4 of the The Service Charges (Consultation Requirements) (England) Regulations 2003) but are those contained in Schedule 3, which are rather more limited. They still have to consult though. The regulation which specifically deals with this issue (qualifying works carried out under the terms of a long term agreement) is paragraph 7(1) of the 2003 Regulations.

    So, yes, they should have consulted.

    Doesn't everyone know that?

  • So, yes, they should have consulted.

    Doesn't everyone know that?

    I don't know! This shit seems complicated. The situation in a nutshell is simply that something was done that has cost three leaseholders more than £250 in one hit, i.e. its accounted for in one year. For what I believe to have been one piece of work. I think they should have consulted on it, both because it would have been the polite thing to do, but also because I think they HAVE to have consulted on it, like you say.

    So now I feel slightly vindicated in that they should have consulted on it, I guess the question to ask is 'where are the consultation documents? Because I didn't see any.'?

    I'd assume this question comes after they have supplied me with the contractor briefing and receipts for the work, that shows it was for a single piece of work, i.e. a door replacement?

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