Dilapidated Flat

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    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 ?

    #2
    What is the precise nature of the 'dilapidation'?
    And what does the lease say about the maintenance responsibilities of the leaseholder and freeholder?

    Comment


      #3
      Because service charges are for decorating the insides of everyone's flat?
      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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        #4
        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 .

        Comment


          #5
          Originally posted by scot22 View Post
          claiming they have been negligent
          In what way?

          There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

          Comment


            #6
            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.

            Comment


              #7
              What utter nonsense.

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

              Comment


                #8
                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
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  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.

                  Comment


                    #10
                    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.

                    Comment


                      #11
                      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?

                      Comment

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