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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10259
Experience:  I have been practising for 30 years.
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We are frightened of losing £23,000 that I have been saving

Customer Question

We are frightened of losing £23,000 that I have been saving for over 6 years for a small extension owing to the actions of the managing agent, who seems to be playing cat and mouse with a us. It actually does feel like bullying in that he holds all the cards and keeps changing the rules (I have no idea why this is happening)! Please read the following.
I signed a supplemental lease and license to build a compartment wall on 30 June. According to the licence I had to start the 'works' within 4 months, so I sent all the prescribed details to the managing agent in late September. However when I had the contractor ready to start the works with plenty of time for 12 October, the managing agent phoned the day before (on 11 October ) to add a new requirement (photo of public Liability insurance) not actually written in the legal licence.
I was too scared to disagree with him. I was therefore forced to cancel the contractor. I spent the next week obtaining a copy of the PL insurance then emailed it to him. The managing agent then replied with an out of office reply. So to be safe I also emailed the secretary, who also has never replied. I was waiting because I understood that the PL insurance should be lodged with the buildings insurance, and I was concerned that I should not start without it. Although we have prepared for the works we have been forced to delay by the tardiness of the managing agent as well as the unexpected demand, the day before the contractor was due to commence. Please help , I don’t know who to ask.
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Hello for clarification what is this property? who is the managing agent? are you the lease or freeholder?

Customer: replied 4 months ago.
It is a leasehold of which I am the leaseholder (20 years standing). Bruce Kenyon is the managing agent (of Sutton Heights) working for Harvey White properties.
Expert:  F E Smith replied 4 months ago.

Thank you. What actually is it that you want to know about this? You haven’t actually asked a question. What is the problem now? Thank you

Customer: replied 4 months ago.
The supplemental lease that I bought recently remains valid if the works started in October. However owing to the actions of the managing agent I did not start the works. So because the start of works were delayed for reasons not in my control, does that mean that the supplemental lease is still valid?
Expert:  F E Smith replied 4 months ago.

If the supplemental document says that the work has to start by a particular date and it hasn’t started by a particular date, then the consent under that document has expired and you will need to get a deed of variation to just alter the date.