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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3655
Experience:  Two years conveyancing experience.
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Hi, we have a share of freehold & the decorating of the exterior

Resolved Question:

Hi, we have a share of freehold & the decorating of the exterior is long overdue. Can we go ahead & organise the works if all are in agreement. If we need to issue a Section 20, work will be delayed considerably & some of the flats are suffering water damage & damp & various other defects. There is currently no service charge provisions so would I be able to draft up a simple document so that each flat could pay their share before works commence. We have gathered Quotes & chosen the cheapest most suitable one.
gill
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If you have no service charge regime, everyone agrees on the quote and will agree to sign a simple document obliging them to pay then you do not need to go through formality for the sake of it.
I would just make everyone pays up front, and ensure that everyone acknowledges that they have had full access to the facts and that the process will not be completed by formal notice. If you are actually responsible for paying the builders, you should collect in all the money before the works start so you are not left having to chase a flat owner without having a S.20 Notice to support the claim.
Is anyone refusing to agree/pay for it?
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hi again,

one flat is in the process of being sold, but they have agreed to pay once they have completed. Could this agreement be sorted between the 2 parties, seller & vendor, so that when it completes the money is released to us via the solicitor dealing with the sale.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Yes the solicitor will be the best person to deal with this.
What you need is for the solicitor to give you a "written undertaking" to pay the money to you on presentation of the builders invoice.
A solicitors undertaking is underpinned by insurance so will be the most secure way of dealing with it.
Alternatively you can get your own solicitor to draft a small agreement on behalf of the residents and take in the money from everyone and deal with the undertaking from the vendor's solicitor.
Kind regards
AJ
Customer: replied 2 years ago.

Hi

just to clarify, if the sale of the flat didn't go ahead or was considerably delayed, could we then legally get the share of the decorating costs paid by the seller. (although she has told us that she can't afford the costs until her flat is sold) or would we as share of freeholders have to cover her costs until such a time that it is sold

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I would make the payment under an undertaking to you conditional upon you receiving an invoice from a builder that way it is acknowledged that this individual will pay you for the works regardless of what happens, whether the sale is delayed or not.
Kind regards
AJ
Customer: replied 2 years ago.

if the work is not completed by the time the sale goes through, what would happen then, would the new owners be responsible for paying anything, particularly if the works go over the quote for example: any extra works that can only be determined when scaffold is put up. (such as contingency sum

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
The money held by the solicitor you could claim against money that was deposited with a solicitor.
If the quote over ran then yes the owners would be responsible for the excess - this causes a slight problem if you would not have served a S.20 notice because you would not have had their prior agreement. You should get the seller to agree to pay all costs - so perhaps get them to deposit more money than the quote providers with a solicitor and then you can always return an balance to them.
Given the nature of the works - is not possible at this stage to get a accurate quote?
Kind regards
AJ
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