Secret commissions

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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?

                                Comment

                                Latest Activity

                                Collapse

                                • Reply to Leasehold remortgage
                                  by LC4OA
                                  A reserve fund is for major works and is provided for in the lease. However, agents are trying to take £1500 for a contingency fund which they say covers risk assessments and surveys although assessments/surveys that have been undertaken have also been demanded under separate headings in service charge....
                                  25-01-2020, 23:31 PM
                                • Leasehold remortgage
                                  by LC4OA
                                  I’m in the process of remortgaging my leasehold property. I’m in dispute with the managing agents over historic section 20 notice of intention failures for two sets of major works and for me not paying into a contingency fund, for which there is no provision in my lease. The arrears equal £3k....
                                  25-01-2020, 17:06 PM
                                • Reply to Help - Loft Demise - Lease - Trespassing??
                                  by Mrmckenzie74
                                  ​​​​Are you sure on above, as Lawcruncher usually says if the hatch is in your flat, the loft belongs to you ( which I always disagree with.)

                                  - Apologies, I said freeholder instead of leaseholder...

                                  Regarding a hatch in your ceiling - where else can it be put. Build...
                                  25-01-2020, 22:54 PM
                                • Help - Loft Demise - Lease - Trespassing??
                                  by Mrmckenzie74
                                  Hi all!

                                  Hope you're all well?

                                  I'm new here so I hope you don't mind my direct approach.
                                  I may be in a bit of a pickle and could really do with a bit of advice on the following...

                                  Snap shot:

                                  Top floor flat

                                  Purpose built maisonettes...
                                  24-01-2020, 16:51 PM
                                • Section 20 Major Works: undisclosed connection between landlord and winning bidder
                                  by AB2017
                                  Hi, our landlord is running a section 20 consultation for a major works contract. He obtained three quotes, one very high, the second very slightly cheaper and the third very low. The third was disqualified, purportedly on the grounds that they must have misunderstood the job. The second bidder has...
                                  25-01-2020, 22:33 PM
                                • Reply to Getting rid of a build in wardrobe
                                  by scot22
                                  As a general rule I say always ask. Then you have been open and that should avoid any future problem. For any situation good communication is beneficial. If you ask before exchanging contracts and there are any issues you are forewarned and possibly negotiate price reduction.
                                  25-01-2020, 22:23 PM
                                • Getting rid of a build in wardrobe
                                  by annaV
                                  Hi all,

                                  I am in the process of buyig a leasefold flat (110 years remaining). The master bedroom has a build in wardrobe, which is shown on the footprint. The flat has a second box room, which I intend turning into a walk-in closet as I live on my own and have plenty of things I need to...
                                  25-01-2020, 14:12 PM
                                • Reply to Leasehold remortgage
                                  by AndrewDod
                                  What's the difference between a reserve fund (which you say you paid) and a contingency fund (which you say is not provided for in lease)?

                                  Who else paid for stuff - we presume the other lessees in the building are out of pocket somehow?

                                  What timescale -- was this 10 years ago,...
                                  25-01-2020, 20:57 PM
                                • Directors Appointment and change of registered address
                                  by ZIGGYVIGGY
                                  Sequence of events:

                                  2 directors ( both leaseholders) incorporated an RTM. RTM application was made successfully with support of 51 percent lease holders back in 2016

                                  1. Freeholders managing agent was asked to leave. At this point reserves held were £55k and service charge...
                                  12-01-2020, 16:46 PM
                                • Reply to Directors Appointment and change of registered address
                                  by ZIGGYVIGGY
                                  Mr.Soffit thanks again for the elaborate email and apologies for a delayed response.
                                  We are still waiting for the bank to revert. They say the new mandate is being processes. If the bank sorts this out in the next few days that will save us from pain of going thru setting up another account....
                                  25-01-2020, 20:33 PM
                                Working...
                                X