Freeholder being threatened with S146 by Amenity

[a1b2c3]

Freehold owner, property subject to a Rentcharge Deed managed by an Amenity Company. Major renovation planned for this year; exterior needs attention, which the renovation will resolve.

Amenity Company's solicitors have sent a pre-s.146 letter alleging breach of repair covenants and demanding a timeline for works. I've engaged with the Amenity Company substantively for ~1yr and given everything except a timeline. Planning application submitted, partial works already started, consent will be requested by the time I reply. Other properties on the estate have been in worse condition for years with no s.146 served — just solicitors' fees incurred.

The dilemma:

I'm substantively compliant with what they want — works happening, planning in, partial works started, consent requested. The only thing I'm not giving is a fixed date, because the date genuinely depends on planning permission and Amenity Company consent. Planning has already been through pre-planning without issue.

The Deed doesn't require me to provide a timeline on demand. I'm wary of giving one in case they weaponise it — calling it too slow and demanding immediate works.

Plan: reply with the planning application, confirm works started, explain the timeline will firm up once planning and consent are obtained.

Questions:

1. If I decline a specific date, is a s.146 inevitable?
2. Can they credibly argue the timeline demand is reasonable given the planning dependency?
3. They claim their costs to date are recoverable under a Deed covenant that on its face seems limited to costs of preparing and serving the s.146 notice itself. Overreach?
4. I plan to reply directly without a solicitor — saving funds for an actual s.146 response if needed, given I'm substantively compliant on everything bar the timeline. Reasonable, or am I missing something?

[a1b2c3]

Anyone?

[atticus]

Give the volunteers here a chance!

What exactly are you being threatened with? Most people have no idea what a "section 146" is, and it is more than 40 years since I had to deal with these things.

The obvious thing is to engage - discuss scope of works, timescales etc

[a1b2c3]

Sorry - first time posting and stress levels a little high! Appreciate your attention to this.

A S146 as I understand it is notice such that the amenity company can proceed to court and claim forfeiture of my house. As I understand it, relief from fortfeiture is common and I don't owe them any money. This is literally an accusation that I am breaching a redecoration clause despite being in the process of planning a renovation (planning permission submitted etc) which will be a substantial renovation of the whole house.

I have been engaging throughout with details of what I'm doing but have declined to commit to a works timeline I cannot yet give due to uncertainty around planning, contractor tendering etc. Also given the Amenity's conduct, I am concerned they will weaponise a timeline against me and use it as an excuse to serve a S146 notice.

I hope that makes sense. This is my first time being dragged into this world.

[atticus]

If you explain the timeline and the reasons for it, you can also discuss any objections that may be made.

[a1b2c3]

We purchased the house in summer '21 with a view to starting to plan works shortly after. Due to various personal reasons, this was delayed until 3Q 2024 when we began considering the project, sourcing architects etc. Given the size and complexity of the project (large house, back to brick), the design phase has taken a considerable length of time although we are now at RIBA stage 4 so very close to tendering and starting works. In the interim, the external areas of the house have deteriorated. We have been living here throughout. The Amenity Company have been in contact with us over the past ~1yr enquiring into the renovations with increasing fervour. The rentcharge deed under which we are governed requires us to provide the Amenity with certain information e.g. planning applications etc but given the delays with our project,we have provided more than that as requested e.g. names of vendors, proof of pre-planning etc, to shore up goodwill. The last sticking point has been a timeline of works which we are averse to give due to the changeable nature of timelines during large works as well as a concern that it'll be weaponised against us (given the conduct of the Amenity so far). The Amenity threatened us with legal action if we didn't provide the timeline....so here we are...

My thinking was that even if we gave a timeline, it would likely be unsatisfactory to the Amenity company anyway so we would still end up in this position. I'm further aggrieved by the fact that there are other properties in the neighbourhood that have been in worse states for several years before receiving a single solicitor's letter. Those properties didn't receive notice of S146 despite not actually communicating with the Amenity, even after receiving solicitors' letters. Yet despite my willingness to communicate, I feel the speed at which they were willing to send me a solicitor's letter vs other properties indicates they're also more likely to pull the trigger on serving a S146. I feel singled out that despite showing real progress with my works (vs other properties that have refused to communicate), I am being threatened with a S146.

[atticus]

Could it be that the "speed" with which a solicitors' letter has been sent comes from a perception that you are dragging your feet?

Talk to them, or else you will be facing legal action and the associated cost.

[a1b2c3]

Yes they think I'm lying. But I can't be dragging my feet more than the guy down the road who did nothing for a couple of years, got a letter from the council for his house being structurally dangerous, still did nothing for a couple of years and only then got solicitor's letters (to which he is still not responding).

The problem is, I have been talking to them throughout (unlike the prior example) and the end result has been that I've had the solicitor's letter faster than my uncommunicative neighbour. I don't know what else I can offer them (besides the timeline) given I have handed over everything they want already. I feel like the more I try to communicate, the worse it becomes for me.

[atticus]

Concentrate on your position. Not your neighbour's.

[a1b2c3]

I am. I just don't know what to do as they're asking for things they aren't owed which if I give, can be weaponised against me to make my situation worse. I don't have anything else to give them.

[atticus]

Your starting point has to be the covenant. Ascertain precisely what you are obliged to do, and the limits of what you are obliged to do. Then focus on how you are going to get that done. If the other party is pushing you to do more than you are required to do, respond making that point.