6 Months to repair our lift

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

    6 Months to repair our lift

    HI, I live on the top floor of a 4 storey residential apartment block. July last year after a flash flood the lift shaft was flooded and since then we are still waiting for it to be repaired. I have been on and on at the landlords (private company) to have it fixed. They keep saying it will be done soon and that it is a complicated matter with their insurance company. But as I have said to them, regardless of any problems the lift still needs fixing. We are finding it difficult getting our shopping up 3 flights of stairs and delivery people wont bring anything up to us. Also, both me and my partner have elderly relatives who we would love to come and stay but cant manage the stairs. Does anyone know our legal rights? I was thinking of asking for money off our rent until repairs are made and also some compensation. Any advice on this would be very appreciated. Thanks

    #2
    I take it you are a short term tenant, not a leaseholder.

    Is your landlord also the freeholder of the building, because if not, then he will have no direct control over repairs in the communal parts?

    Comment


      #3
      Thats correct, we are short term tenants on a 12 month contract and been here 3 and half years. The property, I'm led to believe, is owned and ran by a company called Arim (Allsop Residential Investment Management) and are responsible for the upkeep and maintenance. However, they may act as the rental management company for the landlord but there name is on the rental agreement.

      Comment


        #4
        Please clarify. Does the person/company granting the letting to you own:
        a. the lease of this one flat;
        b. the freehold of the whole block; or
        c. some other permutation?
        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
          HI Jeffrey, I can confirm that ARIM owns the freeholding of the whole block and are responsible for all repair work, renovations and up keeping of the whole property.

          Comment


            #6
            Who owns the leasehold of the flat you rent, i.e. who is your landlord?

            Is it ARIM or someone else?

            Comment


              #7
              Originally posted by westminster View Post
              Who owns the leasehold of the flat you rent, i.e. who is your landlord?

              Is it ARIM or someone else?
              lurkio has told us that ARIM (the block's freeholder) let this flat; so there isn't a long-leaseholder at all.
              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


                #8
                Originally posted by jeffrey View Post
                lurkio has told us that ARIM (the block's freeholder) let this flat; so there isn't a long-leaseholder at all.
                All he has said is that ARIM is the freeholder, not that ARIM is also his landlord.

                Comment


                  #9
                  Originally posted by westminster View Post
                  All he has said is that ARIM is the freeholder, not that ARIM is also his landlord.
                  Post #3 says there [sic] name is on the rental agreement.
                  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


                    #10
                    Originally posted by lurkio View Post
                    However, they [ARIM] may act as the rental management company for the landlord but their name is on the rental agreement.
                    It's possible that ARIM are named as c/o address for serving notices in the tenancy agreement, given that lurkio suggests that "they may act...for the landlord".

                    Comment


                      #11
                      Hi,

                      I hope I havent caused any confusion, although it looks like I may have. I have the tenancy agreement in front of me. Its states that ARIM are the Management T/A (sorry unsure what T/A is) for the landlord who is Terrace Hill Residential Plc.

                      On the next page, its says that "ARIM are acting as agents and are not responsible or liable for fulfilment of the Landlord's obligations under The Tenancy Agreement. You agree to pay the rent and to comply with the obligations referred to in the Tenancy Agreement in exchange for this let." Then an ARIM employee signature and then mine.

                      A few pages on: 4. THE LANDLORD's OBLIGATIONS FOR REPAIR AND MAINTENANCE
                      The Landlord will (or ensure that someone else does):
                      4.1 Keep the structure and exterior of the property in repair
                      4.2 Maintain the plumbing, electricity and heating system relating to the property.
                      4.3 Keep the common areas, lifts, common landings and stairs (if any) regularly cleaned.
                      4.4 Carry out repairs and replacements to the property at the discretion of the landlord the contents (except where you are in breach of any of the conditions of this Tenancy Agreement), and may charge you if you and/or any invitee were responsible for any of the damages or defects needing repaired or replaced.
                      5 INSURANCE
                      The landlord will or ensure that someone else does):
                      5.1 Insure the property and the Landlord's Contents and if the Property is, during the tenancy, incapable of use as a private dwelling (and the landlord does not then offer suitable accommodation for the period when the Property is unusable) the Rent will not be due for that period and any sums paid in advance covering the period will be refunded.
                      Then its basically about the Tenant insuring the property and looking after it.

                      Thanks again for looking at this for me

                      Comment


                        #12
                        Okay so ARIM is the freeholder of the block, as well as agent for the landlord. And THR plc is your landlord.

                        ARIM (as freeholder) is responsible for repairs in the communal areas, not THR plc (your landlord & the party with whom you have a contract), so I don't know whether you can hold THR liable for failure to carry out repairs in areas outside their control. You can certainly try asking THR for a rent reduction, but I'm not sure of the strength of your legal position.

                        Hopefully someone else can better advise you, so I'm commenting to bump this up to the first page.

                        Comment


                          #13
                          Final Bump, does anyone have anything else to add? I am thinking of writing to ARIM and saying that I am going to seek legal advise but would like to receive money off our rent until the lift is fixed as well as money in arrears for the 6 months it hasnt worked. I thought I might try for £50 a month as I dont think that's too unreasonable

                          Comment


                            #14
                            Remember that lifts can go down as well as up.
                            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


                              #15
                              Look on the bright side. Having to climb four floors' worth of stairs several times a day means you could cancel your gym membership and still keep fit whilst saving money
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

                              Latest Activity

                              Collapse

                              • Part Admission of Debt MCOL Help!
                                nessa
                                Hi, hoping someone can help.

                                First claim on mcol, so I’m finding my feet.

                                I have just received forms n9a and n9b from the court, regarding the defendants part admission to my claim started in mcol.

                                However that was all I have received, I received no other forms...
                                24-01-2018, 06:15 AM
                              • Erroneous Change Of Occupancy Fee
                                Sonofahod
                                Hi There,

                                I am planning to move out of a shared rental property in March. Foxtons, the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving...
                                23-01-2018, 13:16 PM
                              • Reply to Erroneous Change Of Occupancy Fee
                                mariner
                                Your information is severely deficient,
                                Of course a move out inspection can be chargedeven with no move in report.
                                You accepted LA fees by proceeding with Application.
                                Deposit ADR cannot be used to contest Agency fees.
                                24-01-2018, 02:53 AM
                              • Attending Court - Advice Please
                                Muzza
                                Hi there

                                I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
                                12-12-2017, 18:03 PM
                              • Reply to Attending Court - Advice Please
                                Muzza
                                Thank you, Ill take a look!
                                24-01-2018, 02:31 AM
                              • Broken Boiler
                                andy967
                                HI - our boiler broke yesterday - our landlord is currently waiting for a quote for a new boiler - however one of the problems we have is that she lives abroad. It consequently means she's able to speak to people in the uk about any sort of business matter for 3 hours in the afternoon. I'm wondering...
                                23-01-2018, 13:55 PM
                              • Reply to Broken Boiler
                                Muzza
                                I live in the US at the moment, 7 hours behind the UK, yes its difficult BUT when my boiler broke I had someone out within 2 days, one thing she should have in place is a boiler cover or she should have tradesmen lined up who she trusts so if something goes wrong she can get in touch with them immediately,...
                                24-01-2018, 02:29 AM
                              • Section 8 notice served, what next
                                lakemk
                                Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

                                I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition...
                                22-01-2018, 21:46 PM
                              • Reply to Section 8 notice served, what next
                                Muzza
                                Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement...
                                24-01-2018, 02:24 AM
                              • Leak into downstairs flat - advice
                                Dberry
                                Hi,

                                I'm new the forum and the UK and wonder if you can advise…
                                I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom...
                                23-01-2018, 08:50 AM
                              Working...
                              X