Buildning Management Refused to Arrange Acceses for Structure Repair

Landlord Discussion
1

Hi all,

Would you be able to provide some advice based on your experience?

The building management hired by the leaseholder-owned freehold company (4 of us shared freeholders) have refused to arrange access with my tenants for structure repairs of the building which needs access to my terrace. They are harassing me to arrange access with my tenants and get back to them because they insists they do not have direct contractual relationship with my tenants. Are they acting unreasonablly and in breach of codes of professional standards which have always been arranged by all past building managements.

They also illegally share my service charge arrear payments records publicly to people including who are not directors (each flat owners is a director of the shared freehold company apart from myself as I have decided not to be a director) , this is a severe breach of privacy? They also publicly said in the email to the recipients including individual of non-directors that they now say to me to pay the service charge arrears in xx days or they would instruct solicitors to recover debt from me on no win no fee basis. I am sure this is an act of bullying by publicly shaming and threaning a fellow leaseholder for service charge arrears?

Section 20 notice also did not go through properly- my observation to them to obtain alternative quote during consultation period has been ignored.

I’d be grateful to hear your advice and what are next steps I can take and any no win no fee solicitors you could refer me to , they obviously are no longer fit to manage the building. But the sad thing is my plea to the other leaseholders who are also directors have been ignored, are their inaction to support fellow leaseholder in situation of building management’s professional neglience and bullying behavior also a neglience from them? I have raised a formal complaint through the building management’s complaint procedure to request them to 1. apology; 2. Resign voluntarily; 3. Financial compensation due to severe distress caused. It really has been a nightmare and I am struggling with anxiety - the thought of dealing them gives me severe anxiety without any moral support from the rest of the building also, it is sad.

2

@Helen2023

They have a contractual arrangement (acting for the freeholder) with you as a leaseholder to provide services. It’s up to you to get your tenants to provide access if needed (or indeed to provide alternative accommodation during the works if that were needed, or offer a rent reduction for loss of facilities during the works if appropriate). Perfectly normal and reasonable. If as a tenant a freeholder approach asking for access I’d be saying talk to my LL.

As for sharing details of your arrears- if one of your fellow flat owners wasn’t paying their share and the mgt company acting on behalf of the flat owners had to employ lawyers to get the service charge paid, you’d want to know, just like if they had to pay for debt collectors or bailiffs. Totally reasonable - they have to tell people about unusual costs or major works etc. Having a sharing of freehold means you have to work with others and accept sometimes you don’t get your way (typically top floor flats emphasize roof repairs; ground floor the drains & garden etc). Refusing to pay your SC will hold up repairs & maintenance for the others. Presumably having bought the flat you b accept you should be paying a SC so it must be a matter of exactly how much?

Not sure whom else they have shared with as you haven’t said so hard to judge if reasonable. You would need to see if covered by their Privacy Notice

You can suggest alt quotes are obtained during a s20 consultation but they do not have to do your bidding

(Eg

“You must also summarise any observations from leaseholders made at stage 1 and respond to them. You do not have to follow any observations, but you must “have regard” to them”

)

Good luck