Lift problems in shared block- Legal Q

[Carreauchompeur]

In November 2007 I bought a 2-bed flat in a shared ownership block. The block, I believe, has been built by a major developer and effectively leased to the Housing Association, who then rent the flats out (I own 30% on a leasehold basis, the remainder is rented to me).

Since I've been in the block we have had regular problems with the one lift. I'm not sure if such a thing exists, but this really is a Friday afternoon piece of engineering. It breaks down, on average, on a monthly basis. Since the warranty expired in Nov 08 all the call-outs to rectify this have been effectively payable through the service charge.

The lift company (Manufacture) is not one of the larger names but the lift on the other side of the block is, apparently, problem free. Our lift really does break down too much. It wouldn't be a huge issue if it was a 1st floor flat, but I'm on the 5th!

My question is, what can we do? We have set up a resident's association but it's not overly active.

[thinfourth2]

Use the stairs?

[Carreauchompeur]

thinfourth2 said:

Use the stairs?

Doughnut!

I was thinking more along the legal side to sort the fecking lift!

[Road Pest]

You need to liaise with the management company. It is possible to set up a right to manage scheme with the other residents which would give you more power to get things done. Speak to the management company on this.

[Wings]

Road Pest said:

You need to liaise with the management company. It is possible to set up a right to manage scheme with the other residents which would give you more power to get things done. Speak to the management company on this.

Agree, there should be a Management Company in place who should be dealing with all repairs etc.

[Carreauchompeur]

Wings said:

Road Pest said:

You need to liaise with the management company. It is possible to set up a right to manage scheme with the other residents which would give you more power to get things done. Speak to the management company on this.

Agree, there should be a Management Company in place who should be dealing with all repairs etc.

Unfortunately the block is managed by the Housing Association, who are not exactly proactive about such matters- If anything it would be a case of forcing them to take action legally..

[sleep envy]

Carreauchompeur said:

My question is, what can we do? We have set up a resident's association but it's not overly active.

sounds like a latent defect which will be covered for 12 years

chase the HA to chase the contractor, they are obliged to undertake repairs regardless whether the lift is under warranty or not

Edited by sleep envy on Sunday 8th March 13:33

[big_rob_sydney]

My wifes dad is a lift mechanic. He tells me that contracts for maintenance can be switched very easily, with a variety of terms (a bit like phone plans really).

Maybe suggest to the people in charge to vote with their feet if the situation doesnt improve. Having said that, if you have a legal right to getting something fixed under a long term warranty, then get an independant surveyor in to write a report, and pursue the company in question through the courts.

Once they see the report, make sure you tell them exactly how you will be proceeding, and use a legal firm to represent you. The longer you let it drag on, the worse it will be for you.

Give them both barrels.

[Carreauchompeur]

big_rob_sydney said:

My wifes dad is a lift mechanic. He tells me that contracts for maintenance can be switched very easily, with a variety of terms (a bit like phone plans really).
Maybe suggest to the people in charge to vote with their feet if the situation doesnt improve. Having said that, if you have a legal right to getting something fixed under a long term warranty, then get an independant surveyor in to write a report, and pursue the company in question through the courts.
Once they see the report, make sure you tell them exactly how you will be proceeding, and use a legal firm to represent you. The longer you let it drag on, the worse it will be for you.

Give them both barrels.

I think the problem isn't the maintenance as such (Although the original company were rubbish at coming out so have been replaced), it's the issue that the lift unit itself seems to be inherently crap- Like a "lemon" car if such a thing exists.