Dilapidated Flat

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  • Codger
    replied
    Condensation is a common problem in flats. It looks different from a leak. Is it a top floor flat? Do other flats have the problem?

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  • scot22
    replied
    Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
    Artful in my research I read that can only claim for her ownership period.
    It is all incredible.

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  • Macromia
    replied
    Originally posted by scot22 View Post
    Mainly, I suspect, due to lack of ventilation and heating there is some damp. She says the Freeholder should have stopped this happening by work to outside wall !?
    If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the freeholder, not the other leaseholders via the service charges) to pay the cost of that maintenance.

    If what you describe is accurate, in this case it sounds like the leaseholder is either clueless or is intentionally trying it on, and it is unlikely that they have much likelihood of making their case, if the freeholder stands their ground and forces them take the claim to court (if they don't drop it).
    I would expect that them buying the lease cheaply might also go against them.

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  • theartfullodger
    replied
    The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

    Presumably she got a great price as it was so dilapidated

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  • Neelix
    replied
    What utter nonsense.

    The new buyer should have had a survey before they purchased.

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  • scot22
    replied
    Many thanks for the prompt and helpful replies. Mainly, I suspect, due to lack of ventilation and heating there is some damp. She says the Freeholder should have stopped this happening by work to outside wall !? Efforts, including engaging surveyors whose advice has been followed, have been made to ensure wall is in good repair.
    Our lease has leaseholder responsible for interior and freeholder exterior wall.

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  • doobrey
    replied
    Originally posted by scot22 View Post
    claiming they have been negligent
    In what way?

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  • Gordon999
    replied
    Usually inside the flat, the re-decoration is paid by the leaseholder of the flat.

    In the communal areas , the maintenance work is paid by the service charge account , paid by all flats in the building .

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  • JK0
    replied
    Because service charges are for decorating the insides of everyone's flat?

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  • Macromia
    replied
    What is the precise nature of the 'dilapidation'?
    And what does the lease say about the maintenance responsibilities of the leaseholder and freeholder?

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  • scot22
    started a topic Dilapidated Flat

    Dilapidated Flat

    In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?

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