Poss penetrating damp - repair issues?

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    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

    I believe work in default comes under administration charges.


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


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


          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.


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