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Hello again, I did say I had a number of balls in the air, of which this is another!
Briefly, the background is that the entire estate that we live on had asbestos in the meter cupboard doors directly outside the front door, this has been known about for the last 6 years. This year, the freeholders decided to have it removed and replaced at a cost of circa £2K per leaseholder which represents the total cost. However, in a letter (on the same subject) sent in 2003 it states:- Your individual charge which is calculated as 6.25% of £542.01 (block cost), as per your lease is £33.88.
They say that although asbestos when it is contained and encapsulated is safe, they were forced to act as some were damaged and it had become a health risk. Now, the cupboards outside my door had been damaged for well over two years, and it is my contention that they have not maintained them at all and are now passing the buck. I have requested the inspection records etc. and received nothing but highly generalised mail shots sent to all concerned.
The upshot is, that they are taking the case to the LVT for their adjudication, and what I'd like to know is, do I have case enough to submit a bundle? If so, I have no idea how to put one together. I will copy the letter I sent to the housing association (via special delivery) in a separate window, as it may make things a little clearer.
Sorry it's a little long winded, but hope you all can give me an educated steer.
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Copy of letter, btw all requests ignored and the work has now been carried out.
Dear Ms. ...
RE: Notice of intention to carry out works under a long term agreement
Further to your letter dated 6th February which invited written response by 9th March, I hereby notify you of my observations concerning the proposed removal of asbestos from the adjacent service cupboards.
· First and foremost, upon the instruction of Mr ..... (CCP-Certificate of Competence) I would like to formally request copies of ....’s asbestos register, inspection record, and risk register (HS100), as the meter cupboard door outside my dwelling has been damaged for somewhere in the region of 2-3 years (within easy reach of my two children aged 4 & 2) and, it is my belief that under CAWR 2002 ..... is the duty holder.
As detailed in your letter, this represents a health risk, on that basis, I will be consulting my children’s GP on 04/03/09 to have a note put on their health records for possible future reference. This has caused us quite a degree of anxiety as I had been under the impression that the situation was being managed.
· My secondary concern is cost. I have always believed that communal areas were the responsibility of ......, but will seek clarity. I concur with the other leaseholders I have spoken with that the estimate of £1884.03 per leasehold, is a vast amount in the current climate, especially in light of alternative quotes obtained by leaseholders. Therefore, please could you provide me with the name of the company who will be allocated the contract for this work as, to date, I’m not aware of its publication, along with a total breakdown of cost. I trust that the Directorship of ....... have no interest or affiliation
· One further point which has been raised amongst leaseholders is the question of the buildings insurance which is paid by us as part of our service charge, and which surely covers accidental damage/vandalism? Surely, the affected doors should have been replaced immediately and claimed for? Thereby preventing a health & safety issue to anyone, in the first instance.
I have also attached for your perusal a copy of a letter which was sent to my former neighbour (not being able to locate mine, at present) in October of 2003, as you will see there is a marked difference in how the cost to leaseholders was calculated I would welcome some kind of explanation as to what has changed.
I realise that this is a lengthy list of requirements; however, it reflects the lack of information provided by ...., as the whole process to date has been anything but transparent. I look forward to receiving a comprehensive written reply to my observations before you make any binding agreement, on my behalf, with your contractor.
Briefly, the background is that the entire estate that we live on had asbestos in the meter cupboard doors directly outside the front door, this has been known about for the last 6 years. This year, the freeholders decided to have it removed and replaced at a cost of circa £2K per leaseholder which represents the total cost. However, in a letter (on the same subject) sent in 2003 it states:- Your individual charge which is calculated as 6.25% of £542.01 (block cost), as per your lease is £33.88.
They say that although asbestos when it is contained and encapsulated is safe, they were forced to act as some were damaged and it had become a health risk. Now, the cupboards outside my door had been damaged for well over two years, and it is my contention that they have not maintained them at all and are now passing the buck. I have requested the inspection records etc. and received nothing but highly generalised mail shots sent to all concerned.
The upshot is, that they are taking the case to the LVT for their adjudication, and what I'd like to know is, do I have case enough to submit a bundle? If so, I have no idea how to put one together. I will copy the letter I sent to the housing association (via special delivery) in a separate window, as it may make things a little clearer.
Sorry it's a little long winded, but hope you all can give me an educated steer.
------------------------------- merged -------------------------------
Copy of letter, btw all requests ignored and the work has now been carried out.
Dear Ms. ...
RE: Notice of intention to carry out works under a long term agreement
Further to your letter dated 6th February which invited written response by 9th March, I hereby notify you of my observations concerning the proposed removal of asbestos from the adjacent service cupboards.
· First and foremost, upon the instruction of Mr ..... (CCP-Certificate of Competence) I would like to formally request copies of ....’s asbestos register, inspection record, and risk register (HS100), as the meter cupboard door outside my dwelling has been damaged for somewhere in the region of 2-3 years (within easy reach of my two children aged 4 & 2) and, it is my belief that under CAWR 2002 ..... is the duty holder.
As detailed in your letter, this represents a health risk, on that basis, I will be consulting my children’s GP on 04/03/09 to have a note put on their health records for possible future reference. This has caused us quite a degree of anxiety as I had been under the impression that the situation was being managed.
· My secondary concern is cost. I have always believed that communal areas were the responsibility of ......, but will seek clarity. I concur with the other leaseholders I have spoken with that the estimate of £1884.03 per leasehold, is a vast amount in the current climate, especially in light of alternative quotes obtained by leaseholders. Therefore, please could you provide me with the name of the company who will be allocated the contract for this work as, to date, I’m not aware of its publication, along with a total breakdown of cost. I trust that the Directorship of ....... have no interest or affiliation
· One further point which has been raised amongst leaseholders is the question of the buildings insurance which is paid by us as part of our service charge, and which surely covers accidental damage/vandalism? Surely, the affected doors should have been replaced immediately and claimed for? Thereby preventing a health & safety issue to anyone, in the first instance.
I have also attached for your perusal a copy of a letter which was sent to my former neighbour (not being able to locate mine, at present) in October of 2003, as you will see there is a marked difference in how the cost to leaseholders was calculated I would welcome some kind of explanation as to what has changed.
I realise that this is a lengthy list of requirements; however, it reflects the lack of information provided by ...., as the whole process to date has been anything but transparent. I look forward to receiving a comprehensive written reply to my observations before you make any binding agreement, on my behalf, with your contractor.
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