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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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As you may be aware lessees are entitled to inspect estimates

Customer Question

As you may be aware lessees are entitled to inspect estimates in relation to a proposed work during consultation period.
I was invited to inspect these estimates at the office of our managing agents. However three people accompanied me the room and kept asking question distracting me from inspecting the documents properly. When I asked them to copy the documents so I can inspect in my own time they refused.
a) Under Section 20 landlord/tenant do I have the right to copy the estimates or not?
b) do I have the right to see all relevant documents relating to tenders and their proposals?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The law on this is contained in a statutory instrument which you can find here:
http://www.legislation.gov.uk/uksi/2003/1987/made
The first schedule sets out the requirements. You'll see that copies of estimates should be provided. There's no specific reference to tenders but I would argue that a tender is an estimate until it becomes contactual so the answer to both of your questions is yes, you should be given copies.
I hope this helps.
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Customer: replied 2 years ago.

Hello

Our landlord have appointed a company to consult and get nominations/views from leaseholders to choose and enter into long agreement with a management company. My question is, is there a prescribed form how the landlord's agent receives nominations or how lessees deliver their observations ? we have tried to make one observation and nomination signed and agreed by as many lessees agree rather than doing it separately.. Landlord agent claiming:

" The right to nominate contractors is an individual right and in some circumstances it can by important who / how many leaseholders have nominated particular contractors. It would, therefore, be more appropriate for nominations to be made individually by any leaseholders who wish to.". Please could you clarify whether we can send our observations collectively or not?

Thank you

Expert:  JGM replied 2 years ago.
There nothing in the regulations to stop a group of tenants from making the same representations although the landlord's point is valid to the extent that it is important to know which tenant is nominating which contractors hence the spirit of the legislation is that "each tenant" should respond.
However, if a number of tenants each sign a particular nomination it is quite legal to do so.
There is no prescribed form the information referred to in the regulations has to be contained in any notice.
Customer: replied 2 years ago.

to be clear, if we submit a letter stating we the undersigned nominate so and so managing agent, the landlord's agent cannot reject it right?

Thank you

Expert:  JGM replied 2 years ago.
That's my view, yes.
Customer: replied 2 years ago.

Sorry Just noticed I can't rate you. I should have posted as new question maybe, but then I wanted you to answer. Is there any way I can rate you again?

Expert:  JGM replied 2 years ago.
I don't know exactly how the system works from a customer screen but I do know you can rate more than once.
Customer: replied 2 years ago.

There is no option to do so. I will find out tomorrow how i can do that.

Thank you again

Expert:  JGM replied 2 years ago.
Thanks