Lift not working in apartment block

MsFifers

Hi, I own an apartment and for the last 18 months+ the lift hasn't worked. Its fine most of the time, as there are only 3 floors and I'm on the 1st, but I need to do some work in the apartment soon, and I don't want to have to carry lots of heavy stuff up and down the stairs.

The Management person said that he can't get the lift company out to service the lift because the builder never paid them for installing it. They are refusing to service it until they get paid for the installation.

The builder has gone bust more or less it seems, and lots of small jobs remained unfinished. The Management Co. guy is saying there is no point taking legal action as the builder has no money anyway - so we'd just be throwing good money after bad.

As I bought the property on the basis of a working lift - for which I am paying a service charge in my annual Management Fee, does anyone have any idea what steps I should take?

I should also mention that the builder owns a few apartments in the block, but is in arrears on his service charges on them.

GerardKeating

MsFifers wrote: »

Hi, I own an apartment and for the last 18 months+ the lift hasn't worked. Its fine most of the time, as there are only 3 floors and I'm on the 1st, but I need to do some work in the apartment soon, and I don't want to have to carry lots of heavy stuff up and down the stairs.

The Management person said that he can't get the lift company out to service the lift because the builder never paid them for installing it. They are refusing to service it until they get paid for the installation.

The builder has gone bust more or less it seems, and lots of small jobs remained unfinished. The Management Co. guy is saying there is no point taking legal action as the builder has no money anyway - so we'd just be throwing good money after bad.

As I bought the property on the basis of a working lift - for which I am paying a service charge in my annual Management Fee, does anyone have any idea what steps I should take?

I should also mention that the builder owns a few apartments in the block, but is in arrears on his service charges on them.

There is a two contradictory statments in your email.

• builder has no money anyway
• builder owns a few apartments in the block

If the latter is true, there is "money" to be got from the builder to finish the place, sue for their apartments and sell them to fund the outstanding work...

Borzoi

MsFifers wrote: »

As I bought the property on the basis of a working lift - for which I am paying a service charge in my annual Management Fee, does anyone have any idea what steps I should take?
.

Has the management company been properly formed yet? Which is to say, have the apartment owners appointed directors?

This is crucial, as it defines what level of pain you're going to be in. If not, you're in the "world of pain" scenario, as you'll be going to the high court to get things sorted and in the meantime it will be almost impossible to but/sell apartments.

If you have you own directors then it's less of an issue - the builders company owes a sub-contractor (the lift company) money, not the apartment owners company.

In the meantime - I'd be very wary of
a) using a lift that hasn't been serviced
b) the legal implications, if there is an accident with an unserviced lift
You might want to consider getting them powered down

Carawaystick

can you clarify between management company and management agent? you should be a member of the management company which employs a management agen(t/cy) to look after the block.

Cantab.

Lol.

I know someone who ended up in the high court over their lift not working for years, not months.

He got it working all right, but it cost him an arm and a leg.

MsFifers

If the latter is true, there is "money" to be got from the builder to finish the place, sue for their apartments and sell them to fund the outstanding work...

The story is he is up to his eyes in debt, so if we were to sue we would be at the end of a long line. The apartments he owns have been used as security on other developments so its not like he can just sell them and pay us the management fees first.

Has the management company been properly formed yet? Which is to say, have the apartment owners appointed directors?

No. There is an "agent" who is looking after things like filing accounts, and paying the insurance, but the apartments have not been "signed off" as completed(or whatever the term is) as the final jobs are outstanding (external painting, landscaping etc). The agent was saying something about a bond with the council - ? The director of the company at the moment is still the developer.

So - should I go back to the solicitor who helped me buy the place? Given that it now seems there is no way of getting things completed, and things like the lift sorted, then would I have a point in saying that the solicitor should have made me aware of such things?

Lol.

Lol indeed.

Victor

I'm not sure, but would Homebond get involved?

anplaya

refuse to pay the service charge for the lift if its not working.i live in apartments too and i never use the lifts,its kinda lazy. i live on the second floor so just walk up the stairs,why dont ya just do that,its not really that big a deal in my opinion,i always see an out of order sign on the lift and i cudnt give two ****s.too much hassle getting in contact with managment company who always fob you off anyway,always end up doing the small jobs myself so **** them.

uberwolf

MsFifers wrote: »

T The apartments he owns have been used as security on other developments so its not like he can just sell them and pay us the management fees first.

Actually, it is. Service charges rank ahead of mortgage holders.

Borzoi

MsFifers wrote: »

No. There is an "agent" who is looking after things like filing accounts, and paying the insurance, but the apartments have not been "signed off" as completed(or whatever the term is) as the final jobs are outstanding (external painting, landscaping etc). The agent was saying something about a bond with the council - ? The director of the company at the moment is still the developer.

So - should I go back to the solicitor who helped me buy the place?

I doubt that your solicitor could in any way be held liable. There was no way for them to know the precarious nature of your builders finances.

It sounds like that you (the apartment owners as a group) are in for some tough times. The builder has to honor his commitments to you, but if he goes bust he can't. In the meantime, work around the apartment block can't be completed. I suspect that you as a group will end up down the high court to 1) sue the builder
2) set up a proper management company
But the courts are expensive, so it may be worth you while, just trying to get the builder to hand over the common areas now to a properly set management company consisting of the owners. Either way, awkward -consult a lawyer