The rights of leaseholder tenants in a block of flats to improve the building

[HAMMEROFTHOR]

I am a leaseholder in a private block of flats. Myself and others in my part of the block wish to improve our common part of the block. This includes the exterior wall brickwork and the common parts interior- flooring, walls and ceilings in the stair well. We are prepared to do this using our own funds as a group of tenants, even though we are also paying yearly building maintenance charges to the freeholder as well. The freeholder has not effected repairs for many years and his agent has told us that there is no money available to make the necessary upgrade. The block is in bad disrepair and we have suggested to the Freeholder and his agent that we wish to make the necessary repairs and pay for the work ourselves, and asked if we could start the work. We have agreement from all tenants concerned that the work should be done, as the flats in the block are depreciating in value because of the lack of repair to the common parts.
So we asked the freeholder and his agent if we could go ahead, (I'm not even sure if we need to ask him if we are paying as a tenants group and still paying him building maintenance)- but we did out of courtesy and a need to go through proper channels. We have only met with obfuscation and obstruction from the freeholder. Please can anyone tell me if we can effect this work without the freeholder's permission.

[tonywiltshire]

I have found the “Leasehold Advisory Service” to be helpful you lay wish to contact them on 020 7383 9800.
The Leasehold Advisory Service is an Non Departmental Public Body (NDPB) funded by Government to provide free legal advice to leaseholders, landlords, professional advisers, managers and others on the law affecting residential leasehold in England and Wales.

[HAMMEROFTHOR]

Thanks very much for your advice tonywiltshire, good of you to respond to my question. I shall contact the Leashold Advisory Service.
regards, HammerofThor

[romford_man]

I don’t think you should just go ahead and carry out the work, as the common parts of the block are the landlord’s property, not yours. You could have problems if structural damage is caused, or someone has an accident.
Hopefully your leases each contain a covenant by the landlord to repair the common parts, in which case the proper course of action would be to sue the landlord for breach of covenant – however that probably won’t provide a very quick or cheap remedy.
Look into taking over the management yourselves by setting up a ‘Right to Manage’ (RTM) company – see http://www.lease-advi.../faqs/faq.asp?item=65 for more information. The alternative would be to consider buying the freehold (leasehold enfranchisement) but that would probably take longer and cost more. Although I don’t have any direct experience I have spoken to a few leaseholders who have gone down the RTM route and it seems to solve a lot of the problems when landlords won’t carry out repairs, or charge extortionate amounts for sub-standard work.

[HAMMEROFTHOR]

Thanks romford_man for your reply, very helpful; we will definitely look into RTM.
Regards, HammerofThor