Poss penetrating damp - repair issues?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Poss penetrating damp - repair issues?

    Hi all,

    Am in the process of selling my first floor flat which is in an old Victorian house (2 flats). Survey from buyer has come back flagging a small area at front corner of living room where he thinks possible penetrating damp patch, and has recommended the buyer get damp and timber survey done which is set for next week. OH has gone up in to loft and taken pics of that area no damp in sight, so not too worried (!!!).
    Survey also flagged a few more minor things like some repointing to the downstairs flat around the window, and render of ground floor flat under their window needs raking out and repainting. I am the freeholder also, and am selling the freehold with the flat. It is the leaseholders responsibility to keep their respective flats in good order.

    There is no service charge.

    The lease says the freeholder can go in and do repairs if necessary and recharge the leaseholder as ground rent in arrears. I have previously mentioned to the leaseholder downstairs about the repointing but he has kept saying his managing agent is going to sort it out but he hasn't so far. He rents his flat out to a tenant. My buyer is also getting a quote for any bits of work that may need doing as well as the damp survey. He is keen to move in here by Christmas. Am I right in thinking that if I agree to pay for any of these bits myself, reduce the price accordingly, or the prospective new owner gets them done, either before he moves in (with my permission) or after, that an S20 for the other leaseholder is not required from me? I know it is only for costs that exceed £250 per leaseholder. But does it only relate to properties where there is a service charge?

    This moving lark is so stressful.................

    Many thanks

    #2
    I believe work in default comes under administration charges.

    Comment


      #3
      Which administration charges please? Don't recall seeing anything about administration charges in lease.

      Comment


        #4
        The ones defined by statute, which seem to include your rent in arrears, http://www.legislation.gov.uk/ukpga/2002/15/schedule/11

        Comment


          #5
          Ah. So that would be an amount payable as part of or in addition to the rent payable directly or indirectly in connection with a breach, or alleged breach of the covenants or conditions in their lease. i.e as ground rent in arrears re repairs having to be made which they (the l/h) have neglected to do after being asked.

          Seems to be the same old thing of doesn't actually matter much what it says in leases, statute overrules them, and everything is open to interpretation. And lawyers get fatter and fatter and richer and richer...........

          But thank you for that. It is informative, and relevant to my question.

          Comment

          Latest Activity

          Collapse

          • Reply to S20 - Quotes not valid for long enough for 30 day consult
            by Flatman78
            Thanks Gordon999

            You can see from above reply to Macromia that's your comment wouldn't be relevant to me. there is no managing agent. It's just me (FH) and LH in upstairs flat.
            Thanks for taking time to reply though....
            23-05-2022, 20:29 PM
          • S20 - Quotes not valid for long enough for 30 day consult
            by Flatman78
            Hi LZ Community

            Just wondering if anyone's had/having any issues with S20 and allowing leaseholder 30 days to review estimates, raise concerns etc.

            Building material prices have fluctuated massively since covid and brexit.
            with a combination of Brexit, impact from russia/ukraine...
            23-05-2022, 14:42 PM
          • Reply to S20 - Quotes not valid for long enough for 30 day consult
            by Flatman78
            Thanks Macromia, I'm hoping not to have to request quotes to include extra 'contingency' as I know some building materials literally jumped by up to 80% pretty much overnight and so I / we could end up paying a hell of a lot more than we have to go with a 'protective' quote.

            It's only me...
            23-05-2022, 20:27 PM
          • Reply to RTM Hand Over Issues
            by ash72
            You could sue the other company for the money owed.
            23-05-2022, 19:48 PM
          • RTM Hand Over Issues
            by martin15
            RTM handing over issues

            Our RTM companies comprise 4 blocks of 6 identical two bedroom flats and each block is registered at Companies House as a separate company.
            Following the acquisition date, it was discovered the former directors ignored legal advice and changed property management companies...
            23-05-2022, 19:36 PM
          • Reply to RTM Hand Over Issues
            by Hudson01
            I am clearly no expert but i think this statement from the all knowing WWW appears to fit the bill for what has happened to you.................

            '' Fraud can be broadly defined as the deliberate use of deception or dishonesty to disadvantage or cause loss (usually financial) to another...
            23-05-2022, 19:48 PM
          • Old managing agents accounts
            by jazzythumper
            Since obtaining the RTM and changing the managing agent, we have never been given full accounts / receipts for the previous year(s). We believe that as the old freeholder and leaser holder of one of the flats were represented by the same solicitor that prior to the sale of the freehold, we were subsidising...
            20-05-2022, 11:21 AM
          • Reply to Old managing agents accounts
            by Gordon999
            You could show the last service charge demanded by previous managing agent . There should be a final summary of the service charge account.to show the unspent funds.
            23-05-2022, 18:26 PM
          • Building works & S20 process
            by RichA
            Hi. I have a freehold after selling a leasehold flat in a block of 4 flats. We don't currently have a managing agent, so these duties currently fall to me (I am holding off appointing a managing agent whilst the leaseholders consider whether they want to RTM).

            The block needs some maintenance...
            21-05-2022, 17:20 PM
          • Reply to Building works & S20 process
            by Macromia
            Good questions.
            The fact that the cost of work means that Section 20 consultation is required doesn't necessarily mean that it is major work that will require a project manager and, although most leases will contain clauses that allow the cost of project management to be recovered from leaseholders,...
            23-05-2022, 18:23 PM
          Working...
          X