Q We bought an ex-council flat on an estate that was part of a large maintenance programme in 2004. The work to our home was the installation of six double-glazed windows. We then received a letter telling us that the cost would be £13,000. Our flat was damaged during the work and we had to employ our own builders to make good the decorations. What should we do?

A Your bill is almost certainly a result of the Government's £19 billion Decent Homes Initiative. Typically the scheme involves renewing bathrooms and kitchens on council estates and installing new roofs and double-glazing. The scheme is designed to benefit only tenants who rent, but many of the improvements also benefit the thousands of private leaseholders who live in properties bought under the right to buy. Landlords are therefore required to bill leaseholders for a share of the cost; bills for tens of thousands of pounds have hit pensioners and many other leaseholders very heavily.

A bill of £13,000 seems a lot for six windows, but your charge is probably a contribution towards the cost of works to the estate as a whole rather than payment for your individual windows. The local authority is not allowed simply to let leaseholders off the demands. However, many councils operate hardship schemes and offer loans designed to spread the cost. You should check whether you are eligible.

Otherwise, your best option is to apply to the Leasehold Valuation Tribunal to establish whether you are liable for the service charges. The tribunal can look at whether the works are covered by the lease, whether the costs were “reasonably incurred” and whether the works were of a “reasonable standard” under Section 19(1) of the Landlord and Tenant Act 1985. It can also test whether the council has complied with its obligation to consult about major works or whether there is any other reason under leaseholder legislation that the demand is unlawful.

As for the failure to redecorate, the council is either expressly required by your lease to make good the decorations or a term will be implied into the lease by the courts. You can sue for the cost of the repairs or you may be able to counterclaim them in any proceedings brought by the council to recover the service charges.

The writer is a barrister at Tanfield Chambers. E-mail your questions to: property.consumer@thetimes.co.uk

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