Disputes relating to the nature or cost of major works, or the consultation process relating thereto, are becoming more prevalent as property owners become ever more aware of their own rights and the numerous obligations placed upon their landlord.
We provide our clients with advice in relation to the contractual and statutory rules that affect:
What actually constitutes ‘major works’
Whether consultation with the property owners is required in respect of proposed major works
How the major works project is to be funded by the property owners
The correct timing and manner of demands in respect of the cost of those major works, and
Advice on how and when those demands can be enforced if unpaid.
In relation to all service charges, but particularly so in the case of large one-off major works demands, non-payment may not necessarily result from a dispute. In some cases, there is a lack of ability to pay. Accordingly, we will also advise on recovery of major works costs where property owners cannot make payment. With our expert assistance, even a genuine lack of ability by the property owner to pay rarely means that the client is unable to recover promptly the sums required to progress a major works project.