Breaches of the lease with joint freeholder

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    Breaches of the lease with joint freeholder

    Hi, I have posted on here before but have a new question related to problems with my joint freeholders. As a recap -I own a leasehold flat and share the freehold with the ground floor and there are just 2 flats in the house. I had rotten joists diagnosed on the floor of my kitchen by a structural engineer (SE) and the joint freeholder was involved in this consultation. The SE said the best time to fix would be when I was installing a new kitchen and when my builder pulled up the floorboards there were 5 rotten joists. I advised the joint freeholder when I planned to install a new kitchen and the couple told me they were going on holiday for 2 weeks but the builders couldn't wait around for them to return so did the joist repair work. The joint freeholder had an in-depth conversation with my builder about the work (he explained joists were not cut into and just doubled up to strengthen) and showed before/after photos. The couple are refusing to pay the invoice saying they were denied the opportunity to inspect and assess the joists but the lease doesn't say that this is essential and I believe they were given adequate time to get their own quotes if they desired. They are demanding to see the emails from SE and also any report he prepared but they wouldnt pay the 50% for his services, so I dont think I am obliged to share this information. They also want annotated photos but I dont know what for. My builder and I tried to discuss the work together with them but they said they dont want to discuss this as they are taking legal advice. My new question is-what evidence I am legally required to provide the joint freeholder? The couple are also saying that they have cracks in their walls since my work but I have asked them to provide a structural engineer report to verify these claims. I have said to them that I don't think we should talk about this anymore without a mediator as we are just bickering and not moving forward. My new questions are-could this only be an issue if I sell my property? Should I have got a license to alter? Should I have followed the party wall act to repair joists?

    The leases says “not to make any structural alterations or structural additions to the Flat nor to erect any new buildings thereon or remove any of the Landlord’s fixtures without the previous consent in writing of the Lessor" and also under the terms of the lease, the joists are shared property - ‘ one half part in depth of the timber between the ceilings of the flat’ belongs to each flat.

    The joint freeholders organized repairs to the rendering in the porch (I assume a tradesmen did it for free as a favour) without discussing with me and paint sprays are now on the front door, which I bought and painted. In the last few weeks, they have also splashed paint over the floor tiles and wont clear it up. I have a clause in my lease about the quiet enjoyment of my flat. They are a family of four in a small two bed flat and their small children scream constantly throughout the day and night and that has taken away the quiet enjoyment of my flat. The lease says 'the lessee's part to be performed and observed shall and may peaceably and quietly hold and enjoy the flat during the said term without any lawful interruption or disturbance from or by the lessor or any person rightfully claiming under or in trust of it' .I have mentioned they need some sound proofing but nothing changes but I have moved around the rooms in my flat so I avoid being above them at noisy parts of the day. My new question here is -is the noise and porch/hallway alterations they have done a breach of the lease? When I raise these issues they just focus on the repair work to the joists and ignore their breaches. I am hoping that that they sell soon and hopefully they will pay the invoice for the joists before I need to sign over the freehold to a their buyer. A solicitor has raised the other breaches in a letter to them. My new question is-when they sell do I have leverage to get these breaches resolved and invoice paid?

    Our relationship has broken down completely and I wonder why they are so reluctant to try mediation or a declaration of trust. Surely they must be as sick of this situation as I am. I dont want to sell my flat so my plan is to stay out of their way as much as possible for the year ahead.


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