For higher-value contracts obtained by public lenders (such as local authorities and housing companies), EU law stipulates that contracts must be tendered to the Official Journal of the European Union so that EU companies or individuals have the opportunity to apply. The consultation process is almost the same, except that tenants do not have the legal right to propose the choice of contractor. For smaller contracts, two notices are sent. The first defines the nature of the proposed contract with respect to the services, the duration of the contract and the reasons for the lessor for concluding the contract. In this first notice, tenants are also invited to propose a company or person from whom an offer should be solicited. Tenants should also have the opportunity to express themselves in writing on the proposals. The second notice will include at least two estimates of companies or individuals providing the services under the proposed contract. Tenants should then have the opportunity to decide on the offer that they believe the landlord should accept. Requirements and procedures for advising tenants on qualified works and long-term contracts. This duty to consult with work also applies to long-term agreements reached before October 31, 2003, when landlords did not have to consult tenants on the contract. “If this interpretation is correct, it follows that HHJ Gerald was wrong in The Poynders Court. Whether the agreement is longer than 12 months does not concern the content of the management contract and its various obligations. Rather, it is a question of whether it is an agreement for a mandate that must exceed 12 months.
In Poynders Court, although the executive agent may have “intended” to provide the services for a period of more than 12 months, the determining clause on the duration of the undertaking did not guarantee that they were under contract for a period of more than twelve months. The requirement that the contract be valid for more than twelve months cannot be met solely by the fact that the contract is indeterminate but may be terminated in the first year. Landlords should consider whether this work costs more than $250 $US for a contributing tenant. Thus, in a property with unequal service contributions, the landlord must consult all tenants if one of them must pay more than $250. If no consultation is carried out, the landlord may not recover a cost of more than $250 per tenant. If the landlord does not consult with tenants, they cannot charge a service fee in excess of $250 per tenant. The court does not have to make an all-or-nothing decision. You may grant a lessor`s request for exemption as long as the lessor meets certain conditions, including the condition that the lessor must bear the reasonable costs of the lessor in connection with the exemption application. When the lessor concludes the contract, it must inform tenants and all recognized tenant associations within 21 days, specifying the reasons or indicating where and when such reasons may be considered.
The owner must also summarize and respond to all other comments received. This last notification is not required if the contractor has been designated by a tenant or association or if the lowest estimate has been provided.