Question 1

Shoddy work

Accepted Answer

Q: I moved into my new build apartment nine months ago. It is situated in a block of 42 apartments,18 being sold to owner occupiers and buy-to-let landlords and approximately 20 being rented out by the management due to them not selling. As leaseholders all of us are now experiencing the fallout from shoddy builders, such as gas boilers being incorrectly fitted; badly fitted kitchens; problems with windows not being repaired along with other problems not being sorted out. The list is endless. My own kitchen has doors falling off. The management tried to rectify the problem to no avail even swapping one door for one in an empty apartment. Being dissatisfied I have managed to get £500 compensation from them and have employed a qualified kitchen fitter to rectify the problem. Every time a leaseholder has a problem the management fob us off. All the leaseholders feel it is like banging heads against a brick wall trying to get problems sorted. The management have not appointed contractors to clean the communal areas and the only garden maintenance being carried out is spasmodic grass cutting - no weeding or attention to trees and shrubs. The management have been warned by us that trees need urgent maintenance as dead branches pose a problem, but nothing has been done. One of the rental tenants does some maintenance and occasional vacuuming of the communal hallways. The bannisters and paint work are never cleaned. Can you advise us on where to go next? We do not want to go down the route of RTM. FPRA Chairman Bob Smytherman replies: This is becoming an increasingly common issue where new build developments are completed leaving behind unresolved 'snagging issues' as developers walk away leaving residents/ tenants groups to pick up the pieces. It is difficult to respond in detail without seeing your lease and how future maintenance responsibilities are to be discharged. This is something our lawyers can look into. Most new build developments are covered by Building Control or NHBC insurance for 10 years so this should be your first route to get redress. Especially gas boilers, kitchens and windows will covered by this. If the management company is failing to meet their client’s (landlord’s) duties under the lease with regards cleaning and gardening, then this should be dealt with ultimately by legal action. Ideally as a 'recognised' tenants group- -, hopefully you are formally recognised by the landlord - all of these issues should be able to be resolved with communication and compromise. Ultimately if this proves impossible then RTM could well be an option. If your management company is a member of ARMA-Q, then there is an avenue for redress by them, or alternatively FTT (Tribunal). I hope this helps but we do have a number of legal specialists available to review your lease and assist members with more detailed and further impartial advice. [Submitted January 2016]

Question 2

Shoddy work

Accepted Answer

Q: I moved into my new build apartment nine months ago. It is situated in a block of 42 apartments,18 being sold to owner occupiers and buy-to-let landlords and approximately 20 being rented out by the management due to them not selling. As leaseholders all of us are now experiencing the fallout from shoddy builders, such as gas boilers being incorrectly fitted; badly fitted kitchens; problems with windows not being repaired along with other problems not being sorted out. The list is endless. My own kitchen has doors falling off. The management tried to rectify the problem to no avail even swapping one door for one in an empty apartment. Being dissatisfied I have managed to get £500 compensation from them and have employed a qualified kitchen fitter to rectify the problem. Every time a leaseholder has a problem the management fob us off. All the leaseholders feel it is like banging heads against a brick wall trying to get problems sorted. The management have not appointed contractors to clean the communal areas and the only garden maintenance being carried out is spasmodic grass cutting - no weeding or attention to trees and shrubs. The management have been warned by us that trees need urgent maintenance as dead branches pose a problem, but nothing has been done. One of the rental tenants does some maintenance and occasional vacuuming of the communal hallways. The bannisters and paint work are never cleaned. Can you advise us on where to go next? We do not want to go down the route of RTM. FPRA Chairman Bob Smytherman replies: This is becoming an increasingly common issue where new build developments are completed leaving behind unresolved 'snagging issues' as developers walk away leaving residents/ tenants groups to pick up the pieces. It is difficult to respond in detail without seeing your lease and how future maintenance responsibilities are to be discharged. This is something our lawyers can look into. Most new build developments are covered by Building Control or NHBC insurance for 10 years so this should be your first route to get redress. Especially gas boilers, kitchens and windows will covered by this. If the management company is failing to meet their client’s (landlord’s) duties under the lease with regards cleaning and gardening, then this should be dealt with ultimately by legal action. Ideally as a 'recognised' tenants group- -, hopefully you are formally recognised by the landlord - all of these issues should be able to be resolved with communication and compromise. Ultimately if this proves impossible then RTM could well be an option. If your management company is a member of ARMA-Q, then there is an avenue for redress by them, or alternatively FTT (Tribunal). I hope this helps but we do have a number of legal specialists available to review your lease and assist members with more detailed and further impartial advice. [Submitted January 2016]

Shoddy work

Search

Articles Archive