Damp proofing to individual flat

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Ok almost; you need to look at

    a the plans ( as opposed to the plants ) and see if the outside walls are included in the plan
    b look at the landlords obligations to repair to check
    c the quote includes a reference to walls and exterior painting, which subject to a identifying them as included and b not reserving them to the landlord to reair, would suggest that thy are the leaseholders to repair
    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


      #17
      Well I am looking at the plan and it doesnt say anything abut the utside walls merely ... and for identification only delineated on the siad plans annexed.....as to the said flat shown coloured pink on plan A...

      However it states under "The Tenant hereby covenants with the Landlord and with and of the benefit of the owners and lessees from time to time of the other flats comprised in the Landlords's Estate (1) to keep the demised premises and every part there of and all walls windows sewers drains cisterns pipes cables wires and appurtenances theeto belonging in good and substantial repair and condition throughout the term and particualr (but without prejudice to the generality of the foregoing) so as to support shelter and protect theother parts of thebuilding of which the demised premises form part"

      The Landlord covenants "1,2,3.....The benefit if the covenant by the tenants of all the other premises on the Lnadlord's Estate contained in the repsetive Leases thereof to contribute one equal sixth share of the expenses of repairing and maintaining and renewing

      (a) the private entrance way shown hatched black on the siad Plan B

      (b) the communal gardens shown coloured greenon the said Plan "B""

      (c) all walls gaes fenes sewers drains pipes and other easements used or to be used in common by the Tenant and the tenants of theother premises on the Landlord's estate

      (d) the roof of the said building

      Thats all on repair etc

      However under Tenants obligation it staes that the basement ground and first flor flats shall each be demed to etend to and include the plaster affixed to the floor of the flat about each and the top floor flat shall be deemed to extend from and including floor to and including the roof thereof!

      OOooooppps(the plants come under a different part of the lease I'll deal with that later)

      You are kind LHA to give your time. I have to go armed with facts when I to the meeting and I am a nervous wreck before I start!!

      Comment


        #18
        If the line in the plan shows the walls within it, then it is their responsibility.

        Perhaps you on by saying can they show in the ;ease where it a communal service charge responsibility. All manner of rationalisations may be offered; acknowledge them and explain that it is the lease that sets who does what and that is where you can both look at try and resolve it.

        The description of the demise would suggest the internal plaster finishes but only in reference to the floor above. it would seem that the properties are divided horizontally so if pressed you can point to the landlords covenants which only make reference to walls in the context of the garden.

        Unless they can categorically show that it is the landlords responsibility then it is very short meeting.
        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


          #19
          OK thank you for all of that LHA and everyone else who contributed

          Comment


            #20
            Originally posted by surreygirl View Post
            OK thank you for all of that LHA and everyone else who contributed
            Most welcome and I am sorry about the missing words above, I am about fed up of Firefox and its spell checker automatically correcting and deleting and LLZ taking a dislike to limiting their scripts on my PC and hanging, or failing to save corrections made within 2 minutes of pressing "post". Grrrrrr.
            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


              #21
              Hi Leaseholdanswers,

              You recently wrote:d; if the building did not have a dpc, and if it is the freeholders responsibility to repair the walls, the lease must allow the works to recovered under the service charge - there is clear precedent on this.

              I am in a situation where I believe that my flat in Hastings was tanked with a cementous slurry when converted, but the managing agent does not agree and cannot find a dampproof course. There are plastic membranes in the floor slab. He is therefore stating it is my responsibility.

              The lease states that the Lessor must "Maintain and keep in good and substantial repair and condition: the main structure of the building including the principal internal timbers and the exterior walls and the foundations and the roof thereof with its main water tanks main drains gutters and rainwater pipes

              I was interested to know what the clear precedent is on this?

              Thanks in advance,

              Dom

              Comment


                #22
                The earlier quote is not wholly relevant here.

                Unless the tenants demise and plan indicate that the slurry is within their property and theirs to repair, the argument is whether in order for the walls & structure to function the slurry is considered part of the structure, and whether in the absence of a clear covenant, an obligation to repair, rather than ignore, falls on the landlord. On balance I would say there is a strong case in your favour.
                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


                  #23
                  Hi Leaseholdanswers,

                  Thanks for your help. I too believe that I have a strong case as to add to the above problem the render on the exterior wall has blown and a drain has been allowed to block causing sludge to pool next to the wall.

                  There seems little I can do to convince the managing agent and directors of RTM of this.

                  Comment


                    #24
                    A sensible agent dealing with a reluctant or unwilling client would seek advice; as you are being met with a "no", then it's time to accept that in the approach and respond in kind.

                    1: take advice on the lease
                    2: send letter before action
                    3: invoke the disrepair protocol
                    4: call in the local EHO

                    http://www.justice.gov.uk/guidance/c...s/prot_hou.htm
                    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

                    Latest Activity

                    Collapse

                    • Reply to S168
                      by Anna1985
                      I think I would be soon, although the application would be made in joint freeholder names
                      23-09-2020, 18:58 PM
                    • S168
                      by Anna1985
                      How crazy would it be to apply to the tribunal as litigant in person to ask them to determine a breach of lease re property disrepair ( the responsibility is on leaseholders, not freeholder) ?

                      Opinions?
                      Thanks...
                      25-08-2019, 18:30 PM
                    • Reply to Responsibility of window frames
                      by Anna1985
                      Your windows should be covered by Fensa for 10 years, the window installer is under obligation to get them fixed Once Fensa confirms it is their cost. Oh the miracles that could happen when the installer knows they are responsible for all associated costs good luvk
                      23-09-2020, 18:56 PM
                    • Responsibility of window frames
                      by charlie8899
                      Hello - I hope someone can help. I own a new build flat and have a faulty window that needs replacing. This will be quite costly and requires erecting scaffolding. I was surprised to hear from the building management company that windows are the responsibility of the leaseholder. This doesn't seem right...
                      23-09-2020, 08:05 AM
                    • Reply to RTM Company secretary
                      by scot22
                      Is he owed money ? Ask him for detailed proof.

                      Pay him ?
                      23-09-2020, 17:40 PM
                    • RTM Company secretary
                      by Andrew Clark
                      We wish to change the RTM Company Secretary from our legacy managing agent to our new managing agent, the legacy agent will not complete the online authentication code until he is paid what he says he is owed. Thoughts on ways around this
                      23-09-2020, 08:02 AM
                    • Leaseholder refusing to complete repairs
                      by batterseaboy
                      Hi, we are a house divided into three flats. Each flat leasheolder also owns 1/3 of the freehold company and serves as a director.

                      When the top floor flat was given permission to extend his flat the variation stipulated that he would be solely responsible for any issues with the extension...
                      23-09-2020, 16:43 PM
                    • Reply to Leaseholder refusing to complete repairs
                      by scot22
                      Formally notify him that you believe that he is in breach of the lease and given him a time limit to complete repairs.

                      If he doesn't then his sale can be blocked.
                      23-09-2020, 17:39 PM
                    • Reply to Responsibility of window frames
                      by royw
                      I've recently had Windows replaced and they did the upstairs from inside. If scaffold isn't required it will be a lot cheaper.
                      23-09-2020, 16:37 PM
                    • Reply to Responsibility of window frames
                      by AndrewDod
                      I suspect if you took it to Tribunal they would say you are responsible for the frames.
                      It mentions glass separately. And words the doors sort of in parallel.

                      In a way it would be cheaper in the long run for you to take this responsibility. Just make sure it applies to all flats not...
                      23-09-2020, 14:01 PM
                    Working...
                    X