Oak trees cracking brickwork of let property

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    Oak trees cracking brickwork of let property

    Second post...

    A couple of the flats in our cul-de-sac are cracking due to the subsidence from two big oak trees. One each side of the road causing problems to both lots of flats. I'm not sure of condition of other side of road, but one of the tenants in the two on my side is an old school friend who I hadn't seen for a few years prior to moving in...

    The LHA have been monitoring the cracks by putting up a little gauge to measure the distance in time...

    However, the worst flats have interior doors & windows which do not shut properly, the ground floor flat (they are maisonettes adjoining my house) has a large hole in the kitchen floor, has a crack alongside the bathroom window with a 1" gap down the payne. The upstairs flat's front door (on ground level with stairs going up) doesn't even shut properly & he has to put security bolt on the secure door. If you pushed hard enough at top you would get in door as it's not flush with door frame - about 2" gap at top & bottom.

    Where do the tenants stand with regards to taking this up with LHA.

    LHA are aware as I have mentioned, but all they do is take measurements and say we'll look into it. I've been here for 18mths and no-one other than our Housing officer who does estate walks has been round.

    #2
    Are you:
    a. a long-leaseholder; or
    b. a Council T (secure tenancy under Housing Act 1985)?
    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


      #3
      Hi jeffery,

      I've just had a look and its a Assured (Non-Shorthold) Tenancy Agreement in accordance with Housing Act 1988.

      Comment


        #4
        Found it. Who keeps changing the titles of the threads?

        The cracking is caused by the subsidence problem, which is caused by the trees. So the subsidence is an issue. It;s not just little cracks that a bit of polyfiller would repair... I'm taking about the flats coming away from my house...

        Please can you change title back to subsidence & HA

        Regards

        Comment


          #5
          HA means Housing Act or Housing Association. Neither is relevant. Your query surely relates to who is responsible for brickwork cracked by oak tree. I do not agree that LZ should make your requested change. For 'Thread Title Protocol' rules, see http://www.landlordzone.co.uk/forums...ad.php?t=16084
          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


            #6
            Ok, fair enough about the title change.

            The query is not who is responsible as the property is owned by the Housing Association. But what can be done to get them to do something about it?

            If this was a normal private rented property, the T could withold rent and refuse to pay until dmamage is sorted. Would they not?

            Comment


              #7
              Originally posted by miss spooky View Post
              If this was a normal private rented property, the T could withold rent and refuse to pay until dmamage is sorted. Would they not?
              No, a private tenant would not be entitled to withhold rent.

              Comment


                #8
                Well enough people do it, you read about it on here.

                Is there anything that we can do then or do we just put up with it?

                Comment

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