Making previous block manager pay for costs caused

[justaman]

Hi.

I had grievances with the manager and the landlord for my block and went to an LVT. The outside of the building had gone undecorated for 13 years and when it finally was decorated the work was done by cowboys. A number of the wooden windows were in need of a joiner or replacement. The windows merely got painted over.

My application to the LVT was successful and the block now has new managers.

The new managers are intending to put right the dodgy windows but first are trying to get several of the owners to pay back the thousands owed the management fund.

As it stands the costs of putting right the windows is going to fall on the flat-owners. The windows are only in the state they are in because of the previous 2 managers and the landlord.

Is it possible to recoup the repair costs from the previous manager/ the landlord?

[jeffrey]

Do you own your flat long leasehold?

[Poppy]

I doubt it unless you can prove negligence.

I reckon it’s best to spend your money on the external works.

[justaman]

Yes it's a long lease.

[jeffrey]

I doubt it unless you can prove negligence.
Or breach of covenant by L.

[Gordon999]

Take plenty of photos of the windows to prove your case in Court

[justaman]

The new managers are surveyors. If when the decorating is redone it involves new windows or a lot of joinery work wouldn't that be proof enough of neglect? After all, exterior painting is supposed to take place often enough - every 5 years in my lease - so that it isn't necessary to take drastic measures such as windows being replaced.

Presumably this sort of dispute isn't something that would literally be a case in Court matter but rather another case for the LVT?

[Poppy]

You’re right, it’s potentially another LVT case. Why didn’t you include this in your original claim?

I don’t know how a surveyor will work out the possible cost difference between windows that should have been painted eight and three years ago and any perceived additional cost due to eight years delay.

[justaman]

The original claim was to get the managers changed and get the LVT to rule on the worth of the repair done to the outside that amounted to only painting.

I don't think I could have made a claim based on hypothetical future costs if the job was carried out properly. I think the LVT will only rule on proposed charges (an estimate) by a landlord/managing agent or actual charges.