Freeholders breach of the lease

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  • surreygirl
    replied
    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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  • andydd
    replied
    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.
    ​​​​​​

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  • surreygirl
    replied
    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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  • andydd
    replied
    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.

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  • surreygirl
    replied
    That is interesting Andy. I have just received a reply from the Agents who are blaming me for the work not being carried out because I did not agree to a sinking fund or reserve fund which is true, however I did pay £15.00 a month which was requested and also I have the money to pay for the building work which is about £20k per flat - 6 flats in all -. But not having the money in a service charge account does not mean that the money cannot be demanded from the others they all have it and are well off. Just one person didnt and she asked for time to save up the money. Fair enough but she had plenty of money to take down walls and put in new loo and bathroom as well as double glazing.

    Every tenant can now pay and could before, but even so I do not see how it is my fault. I have pushed and pushed to try to get the lease changed because it is defective.

    However I do understand that he is trying to manipulate me.

    Thanks for your reply. I have a workman going over this week to see what he can do as the Agent has declined.

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  • andydd
    replied
    You have a right to sue the FH for beach of the lease, I did this successfully against mine BUT the problem came when it came to damages, I sued as my FH was in breach as he hadnt repaired the driveway or cleared vegetation and the court sided with me but only awarded £100 damages as it was hard for me to prove a loss this would appear to be easier for you and also worth noting that whilst the lease may oblige the FH to do certain repairs it would normally be deemed acceptable for a LH to step in and do them if the FH doesnt and to recover the costs from him.

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  • surreygirl
    replied
    Sorry for length of time before answering. So to cut a long story short. So far no work has been carried out. The new Agents took over and needed, so they said, six months of going through the accounts to see what service charge needed to be doing and despite letters to them they said that they could not get going on the repairs as it takes three months to send out the S20 which would bring us to October and that the work could only be done in the summer. He has called a meeting February to talk about the works, but meanwhile I have water coming in now in the kitchen area and my own Agent has been over and water is penetrating the wall through the porous render.

    I have sent them a letter/email to ask them to either do a temporary fix or my Agent will and that they will need to pay for the work whichever way it is and I also pointed out the Health and Safety laws as well as the lease and that they are responsible for the work being carried out and keep the building repaired.

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  • Scaramanga
    replied
    Hi leaseholder64

    i have started a new thread here

    https://forums.landlordzone.co.uk/fo...y-for-the-roof

    thanks and Kind regards

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  • leaseholder64
    replied
    Scaramanga You really should start your own thread.

    What does the lease say about who is responsible for repairing the roof? If it is the freeholder, you can, in theory, take legal action to force them to make the repairs, even though you are part of them,.

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  • Scaramanga
    replied
    Hello all,

    I am in a similar position as Surreygirl. I own the lease to the top floor flat of a converted building of 4 flats. We all own a share of the freehold. The roof is now leaking and water gets into my flat, causing mould. I informed the other freeholders by email including pictures of the damage. However, the lady from the ground floor has denied she will contribute to the costs (there is no reserve fund). She also pointed to the fact that I would not be entitled to recover any money from them if I went ahead and had the roof repaired without their consent. My lease does not say anything about urgent repairs but it clearly says the roof has to be maintained by all 4. It is obvious that I have to act quickly to avert more damage from my flat but as this is likely to end up in court, I dont want to make any mistakes. What would be my position if I went ahead with the repairs?

    Thank you all very much. I really appreciate your help.

    Kind regards,
    Martin

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  • 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.

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  • 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.

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  • 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.

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