Freeholder not maintaining building

[Matt Symonds]

Hi Everyone,

Im new to this forum, so apologies if this question has previously been answered:

I am currently selling my leasehold property. In the lease there is a clause stating that the freeholder must maintain the building etc etc.. (fairly normal stuff)

Basically, the freeholder has failed to maintain the roof. The is a known design issue with the roof, which has been known about for 1 year, which makes the properties prone to sudden and unpredicatable flooding, in not so heavy rain. The freeholder has undertaken a survey and openly acknowledged the problem, but due to insufficient funds, or the desire to avoid asking for more money from the leasholders, has decided not to correct the issue with the roof.

I beleive this is an open and closed case, as far as a court in concerned, however I need advice on which court to take this too, and the process to follow.

A few flat owners who are selling wish to:

Firstly
1) Force the freeholder to fulfil its obligation to maintain the building

And ideally:
2) Claim damages due to loss of sale value due to state of freeholder portion of property
3) Claim damages due to delay in sale (currently water dripping through ceilings so no viewings possible)
4) If appropriate claim damages due to loss of rental income (due to building being uninhabitable)
5) Claim miscelanous costs if appropriate

Any guidance on which court to use, and any useful links would be much appreciated. Also if anyone knows of any precendents where the actions of the freeholder have devalued a property, and the leaseholder(s) have taken action it would be much appreciated.

Also, each of the leaseholders paid a large sum of money to the freeholder for the new roof which has turned out to be defective, any ideas on how to take action on this?

Thanks
Matt

[jeffrey]

Rely on leases. These specify who owns/maintains what. If F owns structure (inc. roof) and covenants to maintain, enforce its covenant.

[Managing Agent]

If the Landlord does covenant to maintain the structure (including the roof), you may also need to check to see whether the leaseholders are required to contribute to the costs in advance. Although under the terms of the lease the landlord may be required to repair and maintain the roof, the leaseholders might be required to contribute in advance for the costs.

If the Landlord is required to repair and maintain the roof and is only entitled to recover the costs after the expenditure has been incurred, then there is really no excuse for the roof not being repaired.

[champagne-girl]

i am in a similar situation i.e. own flat in block with roof needing attention. According to the terms of my lease it states "The lessor convenants with the lessee subject to payment by the less of the contributions herein before to maintain repair and renew the structure, main drains roof etc" Over the years i have paid and nothing ever got done. i rent property out and now the roof is getting serious and i will not be able to rent out soon. How can i force the freeholder to complete repairs as he is not interested. How can i go about issuing the freeholder with an order for specific performance without it costing me a fortune. Is this something i can do myself via the courts. The freeholder dosnt seem interested in enforcing any of the other flat owners to pay so consequently nothing gets done. The flat owners are not interested in taking over the management so that is not an alternative. Any help would be appreciated

[jeffrey]

Ignore the other leaseholders for now. Commence enforcement proceedings against L, for its breach of covenant.

[leaseholdanswers]

1:Taking out your own proceedings are potentially quite expensive for you, but dont let that dissuade you, ask others to join with you.

2:If other leaseholders are concerned but dont want responsibility, then look at application to the LVT to appoint an independant manager.
http://www.lease-advice.org/publications/documents/document.asp?item=18
The appointment of a manager

3: Arbitration: Prior to proceedings a lot can be done at little cost to you via
http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm

[andydd]

Ignore the other leaseholders for now. Commence enforcement proceedings against L, for its breach of covenant.

Which is exactly what I'm doing..so watch this space. Ill have their reply/defence (and I suspect counterclaim for service charge arrears) in a week or so.

Andy

[champagne-girl]

Ignore the other leaseholders for now. Commence enforcement proceedings against L, for its breach of covenant.

thanks for your response, and i understand what you say about commence enforcement proceedings but having spoken to someone todays who specialises in landlord and tenant proceedure he explained that to issue an order for specific performance would involve me in considerable expense and for me to try and do it myself would be incredibly involved, bearing in mind this Freeholder knows how to run rings round everyone. My cheapest option is to try and just patch my portion of the roof.

[andydd]

thanks for your response, and i understand what you say about commence enforcement proceedings but having spoken to someone todays who specialises in landlord and tenant proceedure he explained that to issue an order for specific performance would involve me in considerable expense and for me to try and do it myself would be incredibly involved, bearing in mind this Freeholder knows how to run rings round everyone. My cheapest option is to try and just patch my portion of the roof.

According to what Ive found out, doing the repairs yourself is the least preferable option (it could lay you open to all sorts of litigation if things went wrong), this scenario was discussed elsewhere (ill try and track down the thread).

I myself have carried out the maintanence/repairs in light of my landlords neglect but mine is in relation to an overgrown driveway/common area.

Have a read of http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm and make sure you follow the rules before doing anything.

Basically the above is just to make sure that you have informed L and that he is well aware of the problem, this then clears the way for you to claim a damages, get a specific performance agreed, etc. You are on the right track when you say you may be able to claim the difference in costs between the house with/wothout a repaired roof.

It would appear that the Defective Premises Act 1972 also has some relevance (especially regarding injuries/illness as a result of L's neglect). http://www.legislation.gov.uk/ukpga/1972/35

Have you written to L pointing out the disrepair and has this neglect meant a breach of the lease ?

I filed my case at the local county court, they are usually quite helpful and friendly, you can start claim online via MCOL but I dont think this applies to non-small track claims (you claim may well be over £5000) in any event when you do it online it will eventually get transfered to your local county court anyway (the only benefit is that it can be slightly cheaper to start the claim online.
Andy