Problems with leaseholder

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    Problems with leaseholder

    Hi,
    I am a freeholder of a two flat property which forms a converted terraced house. I returned from work today to find that the leaseholder had replaceda downpipe on the property without my knowledge or permission, which is in breach of the leasehold agreement He got his window cleaner to do this, andof course, the chap has bodged it. He has broken 8-10 of the tiles on the exterior wall of my property, exposing brickwork and gaps, and also the
    lathes below on which they hung, which will, of course, allow water to get in. The leaseholder stated he was not there at the time, which is a lie, hewas. and that the window cleaner will return on Sunday to 'repair' the damage. I have told him that under no circumstances is this man to do any thing further to my property. I am now going to get a qualified builder to repair the damage to the property. My question is - what legally can I do about this?

    #2
    It depends if the rainwater is yours as freeholder to repair or his as leaseholder. Either way the work and the associated damage to the rest of the building has to be rectified by either his failure to repair to an adequate standard,as a beach of the lease or ( which applies to the rest of the building) damage as trespass.

    I'd wager a "tupnee bun to a pound of ripe bananas" the window cleaner does not return and if he does, as he made the errors in the first place, discuss what he proposes to gauge if he can actually repair satisfactorily.

    Then you can revert and let us know.
    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


      #3
      The rainwater downpipe, I suppose is mine! It was not damaged and therefore did not need replacing. In the leasehold agreement, it states that any repair needed - defect etc... must be reported to me and I am to repair/replace.It is damage by trespass - good phrase - I hadn't thought of it like that. I have forbidden the 'window cleaner' to return and have told the leaseholder he will pay for the damage to my flat! So far - no reply.

      Comment

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      • 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 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
      • 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
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        by scot22
        Is he owed money ? Ask him for detailed proof.

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      • 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.

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        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
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