Secret commissions

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    I would class this as an improvement. Look at the repairing obligations in the lease. If it states ' in a state of good repair and maintenance ' but does not mention condition then I believe highly unlikely that Freeholder would have to pay for tanking.
    I have done some research on this and a general view seems to be it can make condensation damp worse. Where can it escape ?
    The water in the wall is likely to go elsewhere.
    The Freeholder will be responsible for ensuring the tanking is kept in good repair.
    Any brief details on the damp could be helpful.

    Comment


      Originally posted by scot22 View Post
      Any brief details on the damp could be helpful.
      These are in the OPs many previous threads.

      Comment


        Originally posted by leaseholder64 View Post
        See OP's previous threads.

        It would be an improvement unless it was the only practical way of repairing original, previously effective, damp proofing that had become defective.
        Thanks for your input...this may be the only practical way to go..however the damp is affecting the building foundations so I am not sure the freeholder is repairing and maintaining the building and protecting everyone's asset if they dont do anything to try to mitigate the issues.

        Comment


          I agree with #2. Had forgotten about previous threads. The situation is more complicated and like many legal issues not clear cut.

          Comment


            Jackson v J H Watson 2008

            Held. If the state of the premises was no worse than at the commencement of the lease there was no want of repair.

            Comment


              Originally posted by scot22 View Post
              Jackson v J H Watson 2008

              Held. If the state of the premises was no worse than at the commencement of the lease there was no want of repair.
              Thanks for sharing that Scot..its an interesting angle ...my damp issues trundles on....

              it would appear that in another court case that unless the lease covenants state what needs to be repaired and maintained ie structural foundations and damp then some work could be seen as improvements and some judge said that the freeholder can not expect to be given back an improvement to the property so if damp proofing is not in the lease it may well be classed as an improvement however I am not convinced about that as damp effects the property foundations of the building.


              Comment


                I'm afraid it is your responsibility to check the details of the lease in detail. The conveyancer might be expected to deal with off legal terms but not to survey the building.

                You probably need one thread for all this stuff, not many

                Comment


                  I agree with you. It is at least arguable that this must be done to safeguard the structure of the building. The foundations are of prime importance and must be protected.

                  Comment


                    Originally posted by scot22 View Post
                    I agree with you. It is at least arguable that this must be done to safeguard the structure of the building. The foundations are of prime importance and must be protected.
                    Agree with you Scott

                    Comment


                      Originally posted by AndrewDod View Post
                      I'm afraid it is your responsibility to check the details of the lease in detail. The conveyancer might be expected to deal with off legal terms but not to survey the building.

                      You probably need one thread for all this stuff, not many
                      I am confused..the conveyancer created and wrote the new lease, to do this they would need to understand what they are doing..so putting an item in which is an improvement should not be in there...that says to me they did not check properly. We rely on these professionals not the other way around.

                      Comment


                        What was declared on the TA6 and property sellers questionairre ?

                        Comment


                          Originally posted by alice123 View Post
                          What was declared on the TA6 and property sellers questionairre ?
                          Is TA6 the property questions? He put "property comes with DPC warranty" will check on TA6 if its not the property enquiries form.

                          Comment


                            Did you have a survey done?

                            Comment


                              Are you trying to pick holes to get your fees reduced? Frankly if my listed building needed a DPC, I would not bother asking the jobsworths for permission either.

                              Comment


                                How are we supposed to know it is a newly written lease by the conveyancer?? Maybe that is because you are sending one liners in multiple threads no one can be bothered to locate.

                                An obligation to maintain something that is not there would seem to be a clause with no effect. Boilerplate contracts often have clauses that cover things that might not apply to the circumstances. "Repair and maintain" does not mean you have to improve anything.

                                Why would you sign a contract you did not read and then object later?

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