restaurant owner is not cooperating with the resident to do the repair

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    restaurant owner is not cooperating with the resident to do the repair

    HI every one, could you please advise me ,

    I am a free holder of a building with one restaurant on the ground floor and a flat on the ground floor adjacent to the restaurant with a long lease and a flat on the first floor above them with a long lease.. The restaurant was on 15 years lease which is now finished and is on one month notice. And the lease holder has leased it without my permission witch I do not mined. (is that a problem)
    The problem is the ground floor flat has asked me to take action and get surveyor to find where the damp is his flat is from but I do not have money to do this and then charge the owners of the flats and the restaurant and also I need a solicitor .
    Please read the letter from the flat owner with a long lease.
    Thank you.

    Dear restaurant owner,
     I have looked through the your Lease, dated 10th February 2009 and note below those items that I believe are relevant to the damp problem within my adjacent flat, that appears to be due to the defective drainage within the ground floor restaurant, at the above.
    • Item 3.3 requires the tenant to keep the “Premises” in good and substantial repair.
    • Item 1.1 notes that “Premises” includes, amongst other things, all “conduits” exclusively serving the Premises.
    • Item 1.5 notes that “conduits” include sewers, drains, soil pipes and waste pipes.
    As far as I can see, the total cost of repairs or replacement of the drains that are solely used by the restaurant, is the tenants responsibility.

    If the drains were used by used by other tenants or occupiers of the building, the cost would be shared. Item 4.2.2, for example, states that the Landlord will as and when necessary maintain, repair and renew “sewers and drains”, subject to payment of rents and service charge contributions, but only when “enjoyed or used by the tenant in common with the landlord and the owners and occupiers of the remainder of the Building”.

    Following Aspects visit, on the 16th July 2019, I took a dehumidifier to my flat, which has been running constantly for over 6 months now. Despite the fact that some work has been carried out to the drains and that the dehumidifier is pulling out around 1.5 litres of water each day, the damp problem within my flat is progressively getting worse. The attached image clearly shows this. The three photos were, from the left to the right, taken on the 12th June 2019, the 16th July 2019 and the 22nd December 2019.
    I checked the moisture content of the wall in October 2019 and found it to be 25%. I checked it again, at the end of December and found it was still 25%, as shown in the photo below. An internal wall in a heated room should be only a few %. I tested walls in my house and could not get a reading. Anything over 17% can be regarded as saturated.
    In addition, more cracks have appeared in the walls between the restaurant and my flat. The photos below show crack that have appeared since the start of the damp problem. The first photo is of the opening to the right and above the damp. The Second photo shows a crack that has recently appeared, next to the entrance door to my flat. The third photo shows cracks over the built in cupboards, to the left of the damp, that are increasing in width and length.
    Clearly, the repairs that Aspect have carried out have not resolved the problem and the damage to my flat, that initially was just a minor decorative issue, is becoming a major construction issue, which could eventually make my flat uninhabitable.

    I do not know why Aspect did not complete the work that they intended to do, but the damp problem must be resolved. Would you please either arrange for Aspect to complete the work they have recommended, although I suggest you ask them to carry out further investigations first, to determine the precise cause of this problem, or appoint another specialist contractor to deal with this matter. I doubt that I need to stress the urgency of resolving this issue, but I should be grateful if you would do this immediately.

    Would you please let me know if anything has been done since Aspect carried out repairs in July 2019, what you now intend to do to resolve this issue and then keep me informed of any future progress.

    I look forward to hearing from you.

    #2
    Originally posted by georgi View Post
    I do not have money to do this and then charge the owners of the flats and the restaurant and also I need a solicitor
    SORRY, this is your problem and yours alone.We can't help you.

    A freeholder MUST carry out repairs, must ensure property is habitable.
    If I have no money, I go to the bank and get a loan, and in your case you get it back through the service charges. That's what businesses do ! all the time, every day.

    Get a bank loan, smile at the wife for a loan.

    If you do not maintain the building, your tenant can take you to court for failing to fix the problem, and as you have no money, you will be doubly in the "excrement" as well as paying to fix the tenants damp flat, defence costs, although you have NO defence for refusing to rectify the problem.

    This month, I have no money, zero, as no rent income for 8 months, a basement in U.S.A. that cost $ 6000 to waterproof ( unexpected repairs ), got to sell a cheap car to surrvive, but I SUFFER the consequences now for future gains.
    I owe more that would be acceptable, but in 6 years time, if I sell every thing, could sell all for £ 1m, but this month and next 3 months, I'm penniless and exist on handouts, . Yea, handouts, but they know they will always be paid back. I do without to pay back personal loans.

    Go borrow some money, or you will find yourself in court.




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