Freeholders breach of the lease

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  • surreygirl
    started a topic Freeholders breach of the lease

    Freeholders breach of the lease

    We had a surveyor in last year in April 2018 which said that the outside render was now porous and needed to be repaired as a matter of urgency and should be a priority. At a meeting they voted to wait for a year until people had saved up the money and also they needed to have an asbestos test done. I was dismayed as I had already had to have work done inside to stop damp penetrive damp from coming into my flat. Leaving it for a year meant another winter and rain etc. Well in the end I had to get in a workman to tank the walls as water was coming in all over the place. I have said I will charge this to the company ie the Freeholders but they have said they could not do it any earlier because they needed to save up the money, however I myself have had to get a loan to pay for everything and it has been known since 2011 that there was a problem with penetrative damp.

    The roof has to be done as well, however there were other options which I put forward and that was to do the render first by an expert company specialising in outside render but they wanted to find one builder to do the lot and that has been difficult.

    My point is that how can the Freehold company who is already in breach tell me that they are not going to pay me for the work I have had to have done; It was urgent as I have a tenant in it and there are new laws regarding health and safety, and regardless of wanting to have the whole building done at once, it has meant that water has poured into my flat.

    Who is right. I am sure they are liable.

    Next door has had to have the ceiling done because of the damp coming in, but even though he denied initially there was a problem stating that the ceiling was wet because of a flood form the above flat, it has tuned out that the water coming in from outside had rotted the beams and they are going to pay him for the work even though he only ever inspected the flat which is let twice in 16 years.

  • surreygirl
    replied
    Originally posted by scot22 View Post
    I agree with Macromania. To me it seems to be almost criminal. However, as said, you need someone with some with some qualification to advise. Perhaps a solicitor offering free initial advice ?
    I think you are right to consider a new thread. This has, quite rightly, become a long thread and that would separate issues.
    I will start a new thread and thank you for your advice. Thankfully my tenant has a head on her shoulders and is not easily intimidated.

    Leave a comment:


  • surreygirl
    replied
    Originally posted by Macromia View Post

    I would say that you definitely need to take some sort of action regarding this, although what action you take perhaps needs to be suggested by someone who has at least some sort of qualification to give the advice.

    Perhaps a letter to the 'ex secretary' would be a start, pointing out that their behaviour is inappropriate and that legal action may be taken if it continues (e.g. entering someone else flat, even if the door is open, is clearly inappropriate and would be trespass, unless I am very mistaken).
    Yes I will call the citizens advice tomorrow in the UK and ask them what they think. A letter is out as he will see it is from me and send it back, so an email and get someone to post a letter from me from the UK. I will threaten legal action. However I will start a new thread as we are going off track. Thank you very much for all your advice.

    Leave a comment:


  • scot22
    replied
    I agree with Macromania. To me it seems to be almost criminal. However, as said, you need someone with some with some qualification to advise. Perhaps a solicitor offering free initial advice ?
    I think you are right to consider a new thread. This has, quite rightly, become a long thread and that would separate issues.

    Leave a comment:


  • Macromia
    replied
    Originally posted by surreygirl View Post
    Another problem which has now arisen is that the ex Secretary that we had to get rid of is harassing my tenant, by just walking into the flat if the door is open and also accosting her when she is outside and also going around to the front window and banging on it to get her attention. He is having major work done on his flat which is next door to my own. I wonder whether I should start another thread for this. I have mentioned it above, that we have been in depute for a long time
    I would say that you definitely need to take some sort of action regarding this, although what action you take perhaps needs to be suggested by someone who has at least some sort of qualification to give the advice.

    Perhaps a letter to the 'ex secretary' would be a start, pointing out that their behaviour is inappropriate and that legal action may be taken if it continues (e.g. entering someone else flat, even if the door is open, is clearly inappropriate and would be trespass, unless I am very mistaken).

    Leave a comment:


  • surreygirl
    replied
    Originally posted by scot22 View Post
    Sorry to hear about your health issues and hope all is going as well as possible. I am sure all on the forum wish you well.
    Thank you very much Scot for your good wishes.

    Leave a comment:


  • surreygirl
    replied
    Another problem which has now arisen is that the ex Secretary that we had to get rid of is harassing my tenant, by just walking into the flat if the door is open and also accosting her when she is outside and also going around to the front window and banging on it to get her attention. He is having major work done on his flat which is next door to my own. I wonder whether I should start another thread for this. I have mentioned it above, that we have been in depute for a long time

    Leave a comment:


  • scot22
    replied
    Sorry to hear about your health issues and hope all is going as well as possible. I am sure all on the forum wish you well.

    Leave a comment:


  • surreygirl
    replied
    Originally posted by surreygirl View Post
    I will let you know the outcome of my phone call to the Leasehold Advisory service. I have an appointment next week for Tuesday.
    The result of my phone call to the Lease was that they do indeed owe me the money for the necessary work to make my flat water proof as they were not getting on with the work.

    Leave a comment:


  • surreygirl
    replied
    Originally posted by scot22 View Post
    Any update ? I hope LEASE were useful. If not apologies and I won't assume it would be a good use of time.
    Sorry for lack of response but I have had health issues and so that has taken up a lot of my time getting that sorted out. I came out of hospital on Wednesday but no, the problem is not resolved. However we have handed the running of the house over to an Agent, but so far have not heard a thing. I will get going tomorrow and ring the Agent to ask what is happening. Leasehold is wonderful there is no doubt about that.

    Leave a comment:


  • surreygirl
    replied
    Originally posted by Stacker View Post

    Did you previously give them the opportunity to visit and see the damage to your property? Did they say they would put the matters right and how? Do you have before and after photographs? Did you send them a recorded delivery letter notifying them of the disrepair, did a professional person state that the work needs doing? Give them a reasonable timescale and ultimatum to get the work done otherwise get the work done yourself and take the company to small claims court for monies and damages costs.
    Sorry for delay but yes I have before and after photographs and also a surveyors report which shows that water was coming into the flat. A professional person, yes a surveyor said the work needing doing. That is a good idea. I will do that, send them an ultimatum to carry out the work. I can easily do that. There are plenty of companies who just do rendering and I do not need scaffolding.

    Leave a comment:


  • scot22
    replied
    Obviously, and rightly, we do not know anybody's personal circumstances, which are none of our business.
    However, it does increase the fund of knowledge available on the forum of information is given about outcome.
    Hope all is as good as possible.

    Leave a comment:


  • scot22
    replied
    Any update ? I hope LEASE were useful. If not apologies and I won't assume it would be a good use of time.

    Leave a comment:


  • scot22
    replied
    Sensible advice. Unfortunately, as we all know, there are some unreasonable, selfish and unpleasant people in the world. It seems the correct self help process was not followed as it should have been. In the circumstances quite understandable and of no value to be too concerned about what can't be changed.
    final paragraph of previous post is, in my view, best way forward.

    Leave a comment:


  • eagle2
    replied
    I would certainly not pay the freeholder company more than you owe, especially if it is refusing to compensate you for your costs. The dispute concerns the service charges, you are claiming that you have paid monies which should be regarded as service charge expenditure and the others are refusing to accept those charges.
    I did explain in #29 that it is better to try to reach agreement with the other owners and to consider some alternative way of dealing with the dispute.
    Ultimately, all leaseholders need to share the costs of the freeholder company one way or another, so you should try to keep those costs to a minimum and try to resolve the difference of opinion in the least costly manner.

    Leave a comment:

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