Gatchell Oaks is a development circa 6 years old, we are concerned about the quality of management and installation of the double glazed windows as well as what appears to be a sham management arrangement.
Ideally you should find a way to take control. Right to Manage would be the best way, as you don't have to prove fault, but you will need 50% of owners of interested. It is hard to force an unwilling Agent to manage and exhausting too. in respect of your windows the matter will relate to 1) the fact that usually the lease will demise the windows and their frames to the lessee (so they are yours to fix) 2) the amount of time since construction ie, your contractual remedies against the developer (who sold you the flats and windows) a Solicitor could advise you if you have a claim under any of these pieces of legislation 1. Defective Premises Act claim brought within 6 years 2. Latest Damage Act only applies to negligence cases not defects 3+ years after discovery 3. Original owners breach of contract claim converted to a good standard. (Building regulations, Drawings, Good workmanship, Good design) = Breach of contract. Expires 6 years after date of performance of contract unless contract made under deed in which 12 years is the timescale. Whilst lease may be a deed it does not contain the contract clauses to carry out works to a good standard. 4. Negligent survey advice (Building Surveys/Homebuyers). Date defects came to light as claim needs to be made within 3 years of that date? 4 legal remedies - developer issues DIFFERENCE BETWEEN 6 YEAR AND 12 YEAR RULE Usually limitation on leases is 12 years because.... the 6 year rule applies to a simple contract. A simple contract requires acceptance and consideration (one off). Leases are usually in deed form as they contain covenants which run with the land - lease lease deed is about a solem bind in the case of a lease tied to land not a one off payment.
Gatchell Oaks Residents Association, TA3