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In December they sent us and the flats above an invoice for work done.
No one can remember the work being done. It was to repair chimney flashing on a roof 3 floors up.
To access the roof you would need a crane or scaffolding which would obviously be noticeable.
The work was "done "in September 2014 can they invoice over a year later? The flats above pay a maintenance charge should that not cover this kind of work?
We are being billed a 10th each.
Is there anything to stop them from billing us for damage done during the blitz?
I'm pretty sure you paid that in October 2014, didn't you? 🙂
Ask for copy roofer's invoice to landlord?
Even assuming this work was done, isn't it their responsibility to maintain the building anyway? I fail to see what it's got to do with you, it's not your house.
Are you Leasehold or Freehold?
If you are renting, the building upkeep us the landlords problem.
We are responsible for all repairs to the shop. Whether chimney repairs should be included I don't know.
They have emailed a copy of the invoice but it could be a company also owned by the landlords.
It's the time frame that worries me,what other repairs were magically done a few years ago?
Is the chimney part of the shop?
Do you have an open fire that requires a chimney, even?
Isn't chimney a weird word? Chimney chimney chimney chimney....
Is the chimney part of the shop?
Do you have an open fire that requires a chimney, even?
Why does this matter ? The chimneys part of the roof
How ever if you rent why are you bothered ? Its part of the shops fabric ergo landlords issue
If it is well written, the terms of your shop lease agreement should cover (admittedly from within a large company that most landlords are desperate to have as a tenant);
a) what fabric maintenance you are responsible for (usually but not always includes windows, doors and structural repair as a result of any fittings/signs you install - however many now also include general fabric of the building clauses as well - obviously you would have had the fabric of the building surveyed and previous works accounted for to ensure that it is well maintained before signing the lease agreement if this is the case to ensure you are not picking up previous tenants liabilities)
b) most of the commercial lease agreements I have encountered , contain payment terms (and timings) including agreed billing cycles/extraordinary costs and a mutual notification of works process (e.g. getting permission to hang a new sign requiring drillings, getting informed that a roof repair is taking place)
In essence, if your tenancy agreement is loosely worded, the landlord can probably get away with any shyster practices he chooses, however did the agreement out and have a good read before paying the bill
No words rhyme with chimney. This may help.
Puddings +1. Although if he's in a big company with a good covenant he could expect to get better terms than a smaller trader.
Your lease is the starting point. What does that say? There are some very onerous leases out there from the perspective of repair obligations.
The flats above have a rear access which is a metal staircase. According to the lady above this no longer meets regulations and should be covered. She is chasing the landlords to get the staircase replaced.
No doubt they will charge us for that. Think it's time to get the lease looked at professionally.
How ever if you rent why are you bothered ? Its part of the shops fabric ergo landlords issue
I'm not an expert but I have seen commercial and industrial leases where the tenant has maintenance responsibilities even for structural/major elements (not just fitout)...but in my limited exoerience they were big industrial warehouses etc on long leases not shops...
Did you have a solicitor check over the lease? They would of flagged that up surely?
Our solicitors did check the lease. We will get on to them.
Regardless of if we are liable , it's the fact that this is the first we've heard of this work in 2014 that's worrying.
I don't really want to be retrospectively responsible for everything that's ever gone wrong.
Regardless (to some extent) of what your lease states - they will have a responsibility to ensure timely delivery of any notification of chargeable works, invoices, etc to you.
Unless they could reasonably show they are such a huge organisation with so many properties it took so long to furnish you with the invoice then they haven't got a leg to stand on. Plus if they are that large then they should have a process in place to ensure timely delivery, etc....
Whilst legally you may have to pay out - their tardiness and lack of notification of required works in the "prescribed manner" renders it unrecoverable.
Check the lease, what works, what notices they furnished you with, etc.
Fairly sure they won't have told you properly by what you've said.
Emergency works are one thing but taking over a year to invoice pretty much ruins any chance they have.
Plus as you said - "what works?"
If I received an invoice from 18 months ago my immediate reaction would be jog on. If it's legit let them pursue it formally, if it's not they'll give up after a bit harrassment.
Like the others said though check your lease, in your situation I can't see you being responsible for roof repairs when there are residential properties above you.
Might be as well speaking to the other residents. Pursuing you for some dodgy invoice is a lot easier than pursuing everyone in the building.