Section 20

[Dulwichlass]

Hey all, my joint freeholder has just sent me a section 20 notice for work that is not essential in front yard and porch. The problem is that I cannot afford it and it doesn't seem like I will be involved in any decisions on what materials (ie such as a new front door or tiles) they use. I spoke to a friend and the work could cost us each £5K and I just dont have the cash now. We are just two flats in a house and share the freehold. Can anyone provide me with some advice ? 

[hfoster]

Contact Lease Advice: https://www.lease-advice.org/

I think normally you should have a declaration of trust for disputes: https://www.lease-advice.org/article/share-of-freehold-when-joint-owners-should-consider-a-declaration-of-trust/

 

 

[Cyclemonkey]

The Section 20 is just notification of intention to carry out works.  You have the right to object, propose an alternative or find different contractors.

If you are joint freeholders why is your co freeholder acting unilaterally?  What is your usual mechanism for making decisions?

Edited March 6 by Cyclemonkey

[Dulwichlass]

The couple who I joint own the freehold tend to dictate on what work is needed. I usually just pay half but they usually decide the contractors to use. 

[Jenijenjen]

They are serving the section 20 on you as a leaseholder, bypassing your role as a joint freeholder. This needs to be addressed with them, if necessary via a solicitor's letter, that any works that need to be done have to be jointly agreed. 

Also, whose lease does the front yard cover and what are the works that need to be carried out. For example, in my house the front yard is included in the lease of the ground floor flat and it is difficult to think of any works to the front yard that would fall within the responsibility of the freeholder. 

 

[Cyclemonkey]

Ok.  You have bigger problems than this s20 notice.  How have you let one freeholder dominate things.  You both have the equal right to decide how to manage the communal areas of the property.  I would get some legal advice on your duties and rights as a freeholder and then request a meeting  to reset the relationship.

Also as noted in other posts is the front yard and door actually the responsibility of the freeholder.  These are all questions you should ask in your S20 response.

[Dulwichlass]

Thanks for these comments. Very helpful. The porch and hallway shows on their lease plan but we share the freehold together. 

Edited March 6 by Dulwichlass

[Angelina]

it would seem very likely that they are trying it on if it their area - ie not a responsibility of the freehold. The freehold would cover the building structure (walls, foundation, roof) - possibly freeholder would have responsibility for the front door - if so, does the freeholder have the windows? Usually grey area in a lease so you could look at past instances - who has paid for window replacement, front door to be painted etc?

 

[Dulwichlass]

Hey all, thanks for the comments on here. Just wondering if anyone knows any contractors who do work in hallways and porches. The joint freeholders have not shared their quotes but I need to get alternatives ones, to understand if the work is essential. I just feel that I am being forced to pay for 50% of work they want to do, that isnt essential. 

[Angelina]

two things.

If you clarify the hall and porch are freehold, then that means they do not belong to either flat. I would strongly suggest clarifying that in writing. They can't claim ownership and then ask you to pay towards it.

Challenge that the work is essential but just cosmetic and let them prove is it essential.

[Jenijenjen]

Also, are the hall and porch shaded on the lease in a different colour as this could mean that it is part of the freehold but they have right of way.  I'm also surprised this is not shown on your lease as well.  As @Angelina says, it is for them to make a case for the work being essential rather than essential rather than you to prove it isn't.

Edited March 7 by Jenijenjen