Freeholder won't do anything

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    Freeholder won't do anything

    Hi, We own lease on a ground floor flat which has a rising damp problem.

    I have told the freeholder and he said he would get a surveyor to look. That was 3 months ago and still no one has been round. I call regularly and am always told the same thing. Most recently the freeholder seems to be permanently engaged.
    3 months is too long but I don't want to do it myself when the lease says it should be paid jointly by all leaseholders.

    Would appreciate your advice.

    Dom

    #2
    Yes 3 months is a long time with no report back to you as to what is happening.

    All you can do is write ( not text phone or email ) stating that 3 months with no answers to your questions is, in you opinion, too long.

    Ask them WHEN will the work start on the rising damp.
    Remember if it's going to cost more than £ 250 each leaseholder, section 20 comes into effect, and it will be 3 months before any work can be given to a contractor, and then may be 2 months after that that the contractor has a free window.

    It will cost a Lot for the rising damp but it just may need a damp course if none is currently present.

    All you can do is ask, and if no reply within a week, state that as you do not seem to be bothered, I may have to go to the FTT court to regarding the freeholder in breach of his obligations to maintain in good condition, the building.

    No way must you pay for it yourself.

    Comment


      #3
      The FTT would have no juridstciction over this scenario, they only have juridstiction when a FH claims the LH has breached the lease not visa versa.

      The correct forum for such a claim would be a claim for damages at the county court, unfortunatley it can be complex but ive had success following this route, a claim for specific performance is also possible but Im led to believe this can be even more complex.

      It may be worth lookinmg at the CPR Pre-Action Protocols for Disrepair here > http://www.justice.gov.uk/courts/pro...tocol/prot_hou , this will show the Fh you are serous and give him certain deadlines.
      Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

      I do not accept any liability to you in relation to the advice given.

      It is always recommended you seek further advice from a solicitor or legal expert.

      Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

      Comment


        #4
        Erm first thing is check the lease to see if he or you are responsible to repair, not simply "everyone pays".

        if they are responsible ( even if you all pay ) then use this http://www.justice.gov.uk/courts/pro...tocol/prot_hou as Andy sais, though the freeholder must consult on scope and costs as RAm mentions.
        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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