Freeholders breach of the lease

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    #61
    A reserve or sinking fund is only required if the lease says so (or if the FH & LHs agree to setup one), yes not having one can make things difficult BUT thats irrelevant, IF the lease says the FH must do x repairs then he must do it, if there is difficulty obtaining the money, thats tough, he as a FH should of read the lease before he purchased the freehold, some leases (such as mine) dont have a reserve and dont allow money to be collected in advance this indeed makes it very difficult to obtain large sums to carry out work BUT the lease is the binding contract and works must be done, and a court would think it reasonable for a LH to carry out urgent works and claim the cost from the FH.
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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      #62
      There is no reserve or sinking fund in the lease and so until the lease is changed I have said no to paying in a great deal of money into a reserve fund and also anther problem is that the money has been used for other things such as improvements hence my reluctance to pay have large sums of money. However everyone has the money to pay for the repair but the Agents have had it now since July and have only just called a meeting to talk about the repair work which has meant that we have gone through yet another winter since the surveyor said that the work was a "priority" so two years have passed. I now have to get my own Agent in to do something to the outside wall to stop water coming in. Thanks for your reply. It has helped me a lot.

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        #63
        It sounds like then you have s case for damages..FH is in breach n the actions have cost you money...send a letter before action setting out your points n what you want them to do...then next stop sue them.

        There is specific protocol for repairs..https://www.citizensadvice.org.uk/ho...-make-repairs/

        It looks like it's for standard renters/landlord but it applies to leasehold too..BUT be aware that the small claims court limit in these cases is £1000, it's risky if your claim is more coz then it's on fast track, it risks costs n is more complicated.
        ​​​​​​
        Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

        I do not accept any liability to you in relation to the advice given.

        It is always recommended you seek further advice from a solicitor or legal expert.

        Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

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          #64
          Thanks for that. It does seem that I do have a case. Although the Agent has tried to blame me for action not being taken sooner because I have not agreed to a sinking or reserve fund. Having said that I paid into one although it was only £15.00 and the service charge is 80. He must know the law and he must have read the lease he also said that I "personally" would not pay the required money into an account. A absolute lie. Never been asked as so far we do not even have a workman to do the work.

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