Question 1

Lift Failure

Accepted Answer

Q: After many incidents of lift failures, and maintenance companies putting the lifts “out of order” on the basis that they are unsafe/do not meet required standards, our managing agent suggested commissioning an independent consultant to review and report on the lifts and make recommendations for the required action. The cost of the report was quoted to the RA as being about £600 and we agreed this as reasonable and necessary, understanding that this would be charged to the service account. The report (into the five lifts on this estate) has been produced and delivered to the managing agent. The managing agent says he cannot release it to the RA without the permission of the freeholder (represented in this case by the Receiver as the freeholder/developer initially went into Administration before the development was completed and is now in receivership). The RA believe this is fundamentally wrong and indeed would never have agreed to the commissioning of the report at a cost to leaseholders if we had not assumed we were entitled to see it. There are 53 apartments here of various sizes, and six duplex apartments and a bed-sit are still in the “ownership” of the receiver and sub-let, one duplex currently being for sale at £1m+ Our assumption is that this report, like others, states that the lifts are essentially disabled lifts intended for domestic use and that they probably need to be replaced at the freeholder’s expense as there is reference to the provision of lifts in our leases. Are we correct that we are entitled to see this report? Stuart Merrison of Bishop & Sewell replies: The starting point for disclosure of Freeholder documents is to determine if there are any specific lease provisions obliging such disclosure. If the lease is silent on this point as they very often are then a formally recognised tenants’ association has a right to appoint a surveyor pursuant to section 84 Housing Act 1996, Schedule 4. A surveyor appointed under this provision has the right to see documents reasonably required to fulfil their function. There is however a specific procedure to be followed to validate the appointment. There is also the provision that if the costs have been charged to the service charge account for an inspection request to be made by tenant/association pursuant to the Landlord and Tenant Act 1985 s.21, although disclosure of a surveyor’s report may be resisted on the bass that it is not a document that supports the accounts. [Submitted June 2016]

Question 2

Lift Failure

Accepted Answer

Q: After many incidents of lift failures, and maintenance companies putting the lifts “out of order” on the basis that they are unsafe/do not meet required standards, our managing agent suggested commissioning an independent consultant to review and report on the lifts and make recommendations for the required action. The cost of the report was quoted to the RA as being about £600 and we agreed this as reasonable and necessary, understanding that this would be charged to the service account. The report (into the five lifts on this estate) has been produced and delivered to the managing agent. The managing agent says he cannot release it to the RA without the permission of the freeholder (represented in this case by the Receiver as the freeholder/developer initially went into Administration before the development was completed and is now in receivership). The RA believe this is fundamentally wrong and indeed would never have agreed to the commissioning of the report at a cost to leaseholders if we had not assumed we were entitled to see it. There are 53 apartments here of various sizes, and six duplex apartments and a bed-sit are still in the “ownership” of the receiver and sub-let, one duplex currently being for sale at £1m+ Our assumption is that this report, like others, states that the lifts are essentially disabled lifts intended for domestic use and that they probably need to be replaced at the freeholder’s expense as there is reference to the provision of lifts in our leases. Are we correct that we are entitled to see this report? Stuart Merrison of Bishop & Sewell replies: The starting point for disclosure of Freeholder documents is to determine if there are any specific lease provisions obliging such disclosure. If the lease is silent on this point as they very often are then a formally recognised tenants’ association has a right to appoint a surveyor pursuant to section 84 Housing Act 1996, Schedule 4. A surveyor appointed under this provision has the right to see documents reasonably required to fulfil their function. There is however a specific procedure to be followed to validate the appointment. There is also the provision that if the costs have been charged to the service charge account for an inspection request to be made by tenant/association pursuant to the Landlord and Tenant Act 1985 s.21, although disclosure of a surveyor’s report may be resisted on the bass that it is not a document that supports the accounts. [Submitted June 2016]

Lift Failure

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