Local Authority Misleads Leaseholders

July 2022 saw Leaseholders of flats, situated in two areas within Guildford Borough and under the ‘Freehold’ of Guildford Borough Council, receive Section 20 notices advising of the Freeholder’s intention to carry out a window and door replacement programme. The request for tender was made by the Freeholder and further information was sent to Leaseholders including the Schedule of Works which stipulated the following:

1.6  Windows are to achieve an Energy Rating of A.

8.4 Ventilators: “Titon” Slot Vent Trickle Ventilators e.g. mounted within the opening casements.

18.1 All making good both internally and externally is to be carried out by the Window Contractor.

23.1  The Window Contractor is to provide all necessary scaffolding, fans, tarpaulins to comply with all safety regulations. 

As the properties would be occupied during the works, the Window Contractor was to allow for all necessary temporary protection to tenants fixtures and fittings.

January 2023 saw Leaseholders receive notice that the Freeholder wished to appoint Sovereign Group Limited. At this time the cost to the Leaseholder was outlined and included a 10% admin fee, cost of the windows/doors and an uplift in line with the rateable value of their home.

March/April 2023 saw contractors begin the replacement works with no contract in place with the Freeholder. One Leaseholder was put at risk as they had notified the Freeholder of a medical condition which was noted, yet as no contract existed, this crucial information was not passed on.

The windows as installed at one Leaseholder's property were not to the standard as stated in the Schedule of Works, furthermore, no RIDDOR was reported by the Freeholder to the HSE, despite asbestos cement being found within the soffits around their property. This property became the control property for the independent contractor team from the Freeholder working hard to ensure safety for all including the residents and the labour only window fitters.

No scaffolding was erected around the properties, no fans, no tarpaulins. Instead the old windows were dismantled and various components carried out through the residents property or simply thrown into the garden of the property below.

The windows did not fit the window aperture, requiring additional vinyl strips to be installed between the top of the window frame and the window aperture (brickwork). This action resulted in a loss of natural light. Added to which, trickle vents were not mounted in the opening casements but in the additional vinyl strips.

It has subsequently come to light that an ex-employee acted above their authority and changed the specification of the windows to a lower specification which the Freeholder failed to notify Leaseholders about. 

As part of the Leasehold contract with the Freeholder, the Freeholder has the right to recoup the cost of any specified works such as replacing the windows. The downgrading of specification means that the windows as installed under this programme of works will cause cold bridging, damp and fail within 3-5 years whereby Leaseholders may find themselves being charged again.

In summary, the windows Leaseholders thought they were getting, were not what were installed.

Guildford Borough Council is one of many in Surrey which will be amalgamated into one unitary authority within the next 18 months. When that happens, there is every possibility that records will be 'lost'.

If you are a Leaseholder and have had your windows/doors replaced by the Freeholder, Guildford Borough Council, between January 2023 and February 2025, we’d love to hear from you.   Email reaction_24@outlook.com