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Category: Property Law
Satisfied Customers: 51
Experience:  Expert
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Need advice re EWS1 and balconies. Cladding has failed and

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Hello need advice re EWS1 and balconies . Cladding has failed and Landlord will be paying to sort out has applied for grant from gov BUT balconies are a grey area and as a leaseholder I may have to pay ... block of apartment is only 6 years .... we have formed a residents group and kicked off communication as individuals we are getting little info meantime until the EWS1 is sorted our apartments are unlikely to be able to sell at a decent price or it will be hard to re finance ... timetable of cladding work to be done is unconfirmed ....
JA: Where are you? It matters because laws vary by location.
Customer: Southampton UK
JA: What steps have you taken so far?
Customer: formed a residents group, kicked off communication formally with the Management Company and Landlord Company .... they are also still developing on the site
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: think that it have been through my lease and little about balconies apart from keeping them clean, they are suggesting costs come out of service charge plus top up if required ... BUT we have no option or say on the material that was used and technically we don't one the balcony but it seems we will have to pay for their replacement ... seems unfair in a building so new

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Customer: replied 16 days ago.
Happy to wait until end of today if you are unable to find anyone please let me know then and I can go down another route many thanks
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Customer: replied 14 days ago.
Hi Alina thanks for your message please close the question as I will look at other options and research further as time is short thanks again Helen

Thank you for your enquiry. My name is***** you enquiry it would seem that you have done all of the right things so far. What I would also suggest is that you and the other residents of the development look to see if you have the benefit of a warranty. Usually new developments offer a 7 or 10 year warranty which covers different aspects of the development. In some cases the balcony may also be covered and this may alleviate any financial hardship for you should any repairs become necessary. I must stress that the warranty is usually a complex document with lots of different terms and conditions about what it covers. If you do have the benefit of a warranty my advice is to have this reviewed by a residential property solicitor who can provide you and the other residents with some clarification whether or not balcony repairs fall under this.

Category: Property Law
Satisfied Customers: 51
Experience: Expert
DanielM311 and other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you Daniel my next step is to contact NHBC tomorrow and see what they say as the Buildmark cover certificate started in 2016 and is due to run out in 2026 so hoping this may provide something, and go from there. We just feel with balconies this should not be down to us to pay even if its via the service charge particularly as we don't own the balcony (if that makes sense) ie we have no say in the material used etc plus we have already paid enough buying the apartment ... its not just about money but also a moral ethical thing when we have paid a lot already and are at the mercy of the cladding being fixed when they do it .. currently its due to start by the end of 2021 even through they have access to the grant fund and it as failed in November so for some residents they are unable to sell or refinance due to a failed EWS1 certificate which until work is done cannot be reinstated. So again lack of commitment to getting work done is a worry, along with a patronising tone from our management company that we are lucky compared with other developments in the country. I will keep plugging away