Roof repairs demand legal?

[jdg]

The roof being in need of replacement myself and fellow lessees[4] got quotes, specifications and an apparently excellent company all set up to do the work which we then informed the freeholders agent of. However the freeholders agent are now putting forward another company which is connected to them, not a member of roofing federation, has never tackled a job of the size [nor apparently as it's turnover for the last reported year was £16k any re-roofing at all] and is now actually recorded at Companies House as being non-trading. Not surprisingly the quote is just under the legitimate companies one. The roof does need doing, but not by these cowboys.
Are there good legal grounds for refusing the demand to pay?
How best to contest this?
John

[leaseholdanswers]

Unless you achieve a legal or contractual right or consent to carry out works to the landlords premise, the roof work is trespass and you could be liable for considerable damages. In simple terms it is therefore not your roof to replace.

Doing this as a group can have problems with liability for defects for the freeholder and you as residents and a future flat buyer. The terms of warranties are not as comprehensive as sold and are often limited to the original parties and not a new flat owner, and in the case of negligence you could be sued several years after having sold up and left. If the roof collapses the four of you are directly liable not the contractor, you then have to sue them.

So it is for the freeholder to do under the lease and they can sect their contractor as long as there are at least two estimate for the work as part of the statutory consultation'

At present neither you nor the freeholder can proceed, and your agent should know better as this explains. http://www.lease-advice.org/document..._Landlords.pdf

Your main options are

1: They end to do the consultation, then have it requoted, and if they insist on using their chap, then take it to the LVT to determine independently.

2: Or as four flats exercise the no fualt right to manage and arrange it,and everything else yourselves. http://www.lease-advice.org/publicat...nt.asp?item=21

[jdg]

Very helpful comments - thank-you!

[Tulula]

You don't say whether or not the agent is undertaking s20 consultation? If they are, all 4 of you should raise your concerns and say that you'd rather your contractor did the work. If they ignore you and it all goes pear shaped you can then tell them you told them so, and you will have a better argument against any resulting extra costs being charged as service charges.