Thank you. The good news is that with 28 flat owners, all bringing an action against the freeholder the cost risk per owner is going to be minimal. The bad news is that if anyone refuses to join in the action, they still get the benefit of the outcome without the risk of having paid any money or the cost risk if the action failed for any reason.
When you said that the managing agent has offered their legal service, I thought that was somewhat bizarre in exactly the same way that you have done, conflict of interest.
Assuming that it is a condition of the lease that the landlord provides heating, it may or may not be something which he is obliged to carry this cost and he may be able to pass that on as a service charge.
There is the other issue here and that is that the builder is in breach of the provisions of the Supply of Goods and Services Act and the Sale of Goods Act for supplying goods not of satisfactory quality and which is not fit for purpose and for failing to carry out the installation with reasonable care and skill. That is something to the freeholder to take up with the builder. He is also in common law breach of contract.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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