The Estate works with residents on major building works and maintenance
How The Dulwich Estate consults on major repairs and maintenance
How we consult with residents on major building works and long-term contracts
To maintain all property and communal areas to a high standard, we carry out a cyclical programme of maintenance, repair and redecoration, covering the internal and external areas for which The Duwlich Estate as freeholder, has responsibility.
Leaseholders and some freeholders are required to pay a contribution to these works. If the cost of these works is expected to exceed £250 for each leaseholder – for example, to replace windows or lifts, or resurface roads – we will consult with all relevant leaseholders before commencing the work. Where appropriate, we will also consult any relevant freeholders.
We will also consult residents and owners before tendering any gardening and cleaning contracts for communal areas that will last for more than 12 months and exceed £100 for each leaseholder.
Major building works consultation
Introduction
If you are a leaseholder, you have the right to be consulted if The Dulwich Estate wants or needs to carry out major works funded by your service charge. The requirements for this this consultation are set out in Section 20 of the Landlord and Tenant Act 1985 (as amended). It comprises 2 or sometimes 3 stages. The detailed procedures can be found in the regulations, Service Charges (Consultation Requirements) (England) Regulations 2003 (‘the Regulations’). Further helpful advice on S.20 consultation requirements and your rights can be found at here.
Step 1: Notice of Intention
At the start of the formal consultation period, we will send a Notice of Intention to each relevant leaseholder and, if applicable, freeholder, and to the secretary of the residents’ association(s). This will:
- explain why the work is needed and what works are proposed
- let residents know how, where and when they can view full details of the intended works
- invite written submissions on the proposed work, setting a clear deadline for these to be received
- set out the consultation period start and end dates (30 days)
- invite leaseholders, freeholders and the residents’ association to nominate a contractor from whom the Estate should try to obtain an estimate. This is a statutory right.
If any contractors are nominated, we will vet the contractor’s suitability to carry out the works. This will include checking the contractor has all necessary insurances and complies with health and safety requirements.
Step 2: Notice of Estimates
Following Step 1, once estimates have been received, we will send a Notice of Estimates to each relevant leaseholder, freeholder and the residents’ association.
This will include a minimum of two cost estimates for the works, as well as a summary of all consultation responses received, plus our response.
Residents are invited to comment in writing on the estimates. Comments must be received within 30 days of the date of the Notice of Estimates.
You are entitled to ask to view the estimates, and all tender documentation, in full.
Step 3: Notice of Contract
After the 30-day period has expired under Stage 2, we will then award the contract for the works, taking account of any consultation responses.
We will send a Notice of Contract to each relevant leaseholder, freeholder and the residents’ association, giving:
- details of who won the contract and the reasons for their selection
- a summary of comments received to the Notice of Estimates and our responses.
- contact details for our surveyor in charge of the contract.
Step 4: Meeting the Contractor
The Estate favours positive communication, and so the steps outlined above are the minimum that we will undertake to ensure that everyone has an opportunity to express their views.
After the expiry of the Notice of Estimates, where possible, the Estate will arrange for the successful contractor to meet with residents and members of any Residents’ Association on site to enable questions and to create a positive working relationship for the duration of the works.
Long-term maintenance contracts consultation
To ensure that the maintenance of the communal areas and gardens are carried out to an appropriate standard, we often seek to procure long-term maintenance agreements with cleaning and gardening contractors.
If the contract is for more than 12 months and the cost to each leaseholder is expected to be more than £100, we will consult with relevant leaseholders, freeholders and the residents’ association, following the same process as set out above for major building works.
