Valid service charge

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    Valid service charge

    Is tanking the external wall of a first floor flat a valid service charge expense under a maintain and repair lease ?

    The flat was priced as having a damp issue. The situation has not changed since purchase.

    #2
    This sounds like a re-vamp of an old thread.

    Was tanking necessary because of deterioration and was it the most cost effective way of dealing with that deterioration?

    Comment


      #3
      Yes it is. Apologies if it's boring but this is an interminable saga !
      There is no further deterioration and probably not most cost effective taking into account accepting responsibility for tanking and effect on other dwellings, displaced water will find somewhere to go.
      One solicitor has advised if only benefits one flat unlikely to be responsibility of Freeholder. It drags on........

      Comment


        #4
        Originally posted by scot22 View Post
        One solicitor has advised if only benefits one flat unlikely to be responsibility of Freeholder. It drags on........
        ^^^
        Well at least that part is total rubbish. What sort of solicitor is this?

        The fact that some lessee sold the flat with the damp priced in is irrelevant one way or the other with regard to the FH obligations under the lease. There certainly is such a thing as intrinsic defects which are part and parcel of what the property is, but that depends on the facts.



        Comment


          #5
          Please advise us of your qualications. I have never known a knowledgeable person to be rude.
          Another solicitor advised that if the condition of the flat was no worse than when bought them no liability. I have obtained qualified advice.
          However, I suspect if it is not what you think then must be rubbish.
          I post on here for differing viewpoints to consider. Fortunately not people make courteous posts.

          Comment


            #6
            Originally posted by scot22 View Post
            Another solicitor advised that if the condition of the flat was no worse than when bought them no liability. I have obtained qualified advice
            hmmmm.........

            Comment


              #7
              Originally posted by scot22 View Post
              I have never known a knowledgeable person to be rude.
              Really?
              How knowledgable a person is with regard to a particular subject generally has virtually no effect whatsoever on their personality.

              In this case, I see no reason to consider anything that AndrewDod has posted here to be considered rude, and I would agree with his comments regarding both solicitors.

              Whether work on a building is the responsibility of the freeholder, and whether the cost of that work can be recouped from the leaseholders as part of the service charges, are things that are determined by what it says in the leases. Whether the buyer was aware of a 'problem' with the property prior to the purchase is completely irrelevant, as is whether or not they paid a low price because of the issue.

              It is quite common for work that is the responsibility of the freeholder, and a cost recoverable as service charges, to only benefit one property (an example would be roof repairs where a leak was only affecting one property). Also, if the lease makes it the freeholder's responsibility to keep a particular part of the building in a good state of repair, then that is what they have to do - even if a property was purchased with the building already in a state of disrepair.
              If I was you, I would find better lawyers to consult with, because it doesn't sound like these ones have much clue about how leasehold works.

              Whether or not the cost of tanking an individual flat should be included as a service charge cost, paid by the freeholder, pad by a leaseholder, covered by insurance or by a contractor who previously did work on the building, or shared between two or more of these depends on the exact specifications of the work that was done, the circumstances under which it was done (e.g. whether the leaseholder had it done without consulting the freeholder and given them time to correct damp issues themselves), and most importantly - what the lease specifically says.

              Comment


                #8
                Obviously my my views are in a minority. So best wishes to you all and goodbye.

                Comment


                  #9
                  Originally posted by scot22 View Post
                  Obviously my my views are in a minority.
                  So far two of us have expressed opinions that disagree with yours - others may agree with you.

                  If you ask for opinions on a forum like this one, or in practically any other situation in life, there is always going to be a good chance that other people will disagree with you. In extreme cases you might find that your opinion is outnumbered several hundred to one (unlikely on this forum, as you won't get that many people commenting!).
                  Surely though, finding out when other people disagree with you is one of the benefits of this type of forum? If you always receive agreement, regardless of what you post, or you aren't happy when people disagree, then what is the point of posting?

                  Comment


                    #10
                    I am still visiting ! I agree with all you say in your post . I hold a strong believe that respectful discussion is fine.
                    Where I considered myself in a minority is considering dismissing something as rubbish to be rude.
                    Reasoned and courteous debate is very valuable. Perhaps I'm too sensitive but it seems to me that politeness is undervalued in socity.
                    Apologies for digressing but I wished to clarify my position.

                    Comment


                      #11
                      Originally posted by scot22 View Post
                      Where I considered myself in a minority is considering dismissing something as rubbish to be rude.
                      In this case it was the solicitors advice that was dismissed as rubbish, not anything that you had said (unless you are the solicitor that you were referring to!).

                      Regardless, if advice is considered to be rubbish, it is very often better to say so directly rather than pussy-footing around in order to try and avoid hurting somebodies feelings. Doing the latter could potentially give the impression that the claim was considered to have merit but an alternative was instead being put forward, instead of making the posters actual position clear.

                      Comment


                        #12
                        I appreciate your response. However, in my way, I consider it better to say simply that you disagree. Again, I agree it is necessary to have clarity. Previously I've accepted that I may be too sensitive but my feeling is that people should show more consideration in their use of language.
                        The solicitor's important word is unlikely, not a definitive statement.

                        Comment


                          #13
                          The type that tells people what they want to hear then happily takes their money to fight a futile case ?
                          Originally posted by AndrewDod View Post

                          ^^^
                          Well at least that part is total rubbish. What sort of solicitor is this?


                          Comment


                            #14
                            Unfortunately this thread has descended into people joining in to pick on one poster. I will not post or return read anything on this thread. For information, the advice was given without charge, cue snide comments. Disappointing.

                            Comment


                              #15
                              Originally posted by scot22 View Post
                              For information, the advice was given without charge, cue snide comments.
                              And even that was overpriced.

                              Comment

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