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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Commonhold and Leasehold reform act 2002. We are leaseholders

Customer Question

Commonhold and Leasehold reform act 2002. We are leaseholders our landlord is taking us to court to pay for internal decoration of common areas which we objected were unneccesary having been redecorated 5 years before .
He responded with one sentence " I have taken the view that the redecoration will now last until the next five year cycle."
Curo places Ltd have taken over all the 11000 properties in Bath previously owned by the LA. the surveyor tells us that it his his decision alone . he never replied further despite objections in 5 following letters, including refusals to pay.
We also insisted any decoration when necessary would be done with our own decorators ; the landlords price was too expensive to accept. This was ignored.
Curo arrived with painters did the work and sent us a bill - we have refused payment.
Question does the one sentence satisfy "the duty to have regard" as described on page 9 of the LAS Consultation S20 publication
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Buachaill replied 1 year ago.
1. Can you better explain the situation. Who is your landlord? Is it the local authority in Bath or was there a sale of the freehold of your property to Curo Places limited? How long is the term of your lease? Were the works put out for public tender? WAs the lowest bid accepted? was there a nominated contractor?

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