6 Months to repair our lift

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  • 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).

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        • #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

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