Does this lease wording make L or T liable for damp?

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    Does this lease wording make L or T liable for damp?

    I'm trying to interpret this clause in our leases under SERVICE (provided by the Management Company)

    "Renewing repairing maintaining lighting decorating or otherwise treating rebuilding replacing and keeping free from and remedying all defects whatsoever and cleaning and all parts of the Estate (except the main structure of the Building and the Houses not included in this Lease) outside of the Premises such of the Conducting Media as may be enjoyed or used in common by tenants of dwellings Houses and Apartments / Flats in the Estate all Common Parts all hard standing and any other car parking spaces (whether or not such car parking spaces are dedicated to the exclusive use of the Tenant or any particular owner) together with all other facilities or conveniences which may belong to or be used for the Estate along or in common with other premises near or adjoining thereto including any amounts which the Landlord may be called upon to pay as a contribution towards such costs"

    One of the houses on the development has damp as a result of the water table rising. It's not covered by the building insurance. BUT with such a long un-punctuated sentence I'm not sure whose responsible for treating the damp resulting the rising water table. Is there any recourse to the developer / landlord? The houses/apartments (of a building built 100+ years ago) were renovated by the current freeholder.

    Any advice would be much appreciated

    #2
    The clause refers to the Building. That should be defined in the Flats' leases. I imagine that it comprises the leasehold flats, as Houses are treated distinctly. Each House's own lease will probably contain quite different covenants, and I'd expect T of each House (not L of Building/Flats) to be liable.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Lease interpretation

      Originally posted by jeffrey View Post
      The clause refers to the Building. That should be defined in the Flats' leases. I imagine that it comprises the leasehold flats, as Houses are treated distinctly. Each House's own lease will probably contain quite different covenants, and I'd expect T of each House (not L of Building/Flats) to be liable.
      Thanks for your reply. The development consists of both Houses and Flats. What was previously quoted was from a House lease. The following is the clause from the Flat lease(s) and I've underlined the additional words applicable to Flats. Everything else within this clause is the same for Houses

      "(2) Renewing repairing maintaining lighting decorating or otherwise treating rebuilding replacing and keeping free from and remedying all defects whatsoever and cleaning the main structure (including all concrete floors within the Building other than surfaces thereof which form part of the Premises) roof foundations and exterior of the Building (including balconies patios and terraces whether or not dedicated to the exclusive use of any tenant) all parts of the Estate (except the main structure of the Houses) outside of the Building such of the Conducting Media as may be enjoyed or used in common by tenants of dwellings Houses and Apartments Flats in the Estate all Common Parts all hard standing and any other car parking spaces (whether or not such car parking spaces are dedicated to the exclusive use of the Tenant or any particular owner) together with all other facilities or conveniences which may belong to or be used for the Estate along or in common with other premises near or adjoining thereto including any amounts
      which the Landlord may be called upon to pay as a contribution towards such costs"


      So I'm still confused about where responsibility rests (for houses) for damp caused by a rising water table.

      Any clue?

      Comment


        #4
        It depends on how the flats' lease format defines the demised premises.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          The demised premises for both Houses and Flats are described as Property (under Particulars) with an address and reference is made to a plan with red / blue edging. Nothing more; no qualification.

          Re. your first reply where you believe T is responsible rather than L; does this mean that the Management Co (whom the T pays Service Charges) bears L's responsibilities under the lease 'Services' section (previously quoted)?

          Comment


            #6
            Originally posted by NHMC View Post
            The demised premises for both Houses and Flats are described as Property (under Particulars) with an address and reference is made to a plan with red / blue edging. Nothing more; no qualification.

            Re. your first reply where you believe T is responsible rather than L; does this mean that the Management Co (whom the T pays Service Charges) bears L's responsibilities under the lease 'Services' section (previously quoted)?
            Sorry this has got confused. The house has damp, correct? The flat lease would not be of help here.

            The only thing that you need to understand the is lease for the house. I suspect when you read it the house is responsible for itself and only contributes to the estate costs. What does the HOUSE lease say about repairs and who does these.

            Reading your first post by excluding the main structure of the building, refering to the block of flats, and the houses, the responsiblity lies with the house owner.

            It does however refer to conducting media so if water table is a known issue and there are say pumps for drainage or a communal weeping tile ( a form of underground drain) it may be a common ESTATE expense. Refer back to the surveyor on that and their report on the cause.

            How old is the house?
            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

            Comment

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