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learnmorenow
31-03-2009, 11:32 AM
Hi

My top floor flat has been leaking in to the flat below and despite attempts to find the leak (floor boards up) my plumber is still unable to locate it. It doesn't affect my tenants but yy insurance company sent a plumber to investigate and although he still couldn't find anything turned off the water to my flat as they also insure the flat below. My tenants are now holed up in a hotel and demading that I pay for their room and living costs. My lease clause reads:

"That the Landlord will not be responsible for any loss or inconvenience suffered as a result of a failure of supply or service to the Property, supplied by a third party, where such failure is not caused by an act or omission on the part of the Landlord."

But does Section 11 of the Landlord and Tenant Act 1985 make this invalid because it states:

(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes);

(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity); and

(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water

Thanks

Simon

jeffrey
31-03-2009, 12:34 PM
See s.11(1A)(b), below. If your L is only a leaseholder of only your flat, he has no estate or ownership of the upper flat.
Note that the Act [s.16] in effect defines 'dwellinghouse' to mean a building or part of a building (a flat).

11(1A). If a lease to which this section applies is a lease of a dwelling-house which forms part only of a building, then, subject to subsection (1B), the covenant implied by subsection (1) shall have effect as if:
(a) the reference in paragraph (a) of that subsection to the dwelling-house included a reference to any part of the building in which the lessor has an estate or interest; and
(b) any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either:
(i) forms part of any part of a building in which the lessor has an estate or interest; or
(ii) is owned by the lessor or under his control.

11(1B). Nothing in subsection (1A) shall be construed as requiring the lessor to carry out any works or repairs unless the disrepair (or failure to maintain in working order) is such as to affect the lesseeā€™s enjoyment of the dwelling-house or of any common parts, as defined in section 60(1) of the Landlord and Tenant Act 1987, which the lessee, as such, is entitled to use.

learnmorenow
31-03-2009, 14:08 PM
Thanks for the reply but I think you mis read my post. I'm the landlord of the top floor flat and its me who has had to move my tenants out.

Thanks

S

jeffrey
31-03-2009, 14:44 PM
Thanks for the reply but I think you mis read my post. I'm the landlord of the top floor flat and its me who has had to move my tenants out.
Even so, are you:
a. a long-leaseholder of one flat only; or
b. the freeholder of the entire building?

learnmorenow
31-03-2009, 15:00 PM
Thanks but what does that mean in simple terms?

jeffrey
31-03-2009, 15:16 PM
Thanks but what does that mean in simple terms?
What do you own? Is that not a simple-terms question? Look at your title deeds and documents and/or HMLR records.

learnmorenow
31-03-2009, 15:41 PM
Sorry, its a newish development (built 2005) and I have 120 years left on the lease.

S

mind the gap
31-03-2009, 16:08 PM
Sorry, its a newish development (built 2005) and I have 120 years left on the lease.

S

In that case, what's the hurry?

learnmorenow
31-03-2009, 16:13 PM
Have you read the original question?

jeffrey
31-03-2009, 16:25 PM
We know know (at last) that OP is a long-leaseholder. Section 11 applies:
a. as between him (as L) and his subtenant; but not
b. as between F and him (as long-leaseholder).