westminster
08-03-2010, 14:31 PM
I own the leasehold of a flat in a converted Victorian house. I bought it in 2006. I reported disrepair to the freeholder in spring 2009 and in May 2009 the freeholder's surveyor inspected and agreed that repairs and maintenance were necessary. FH said they'd look at getting it done in or around September 2009. Nothing has happened since May.
One of the problems is that an old boiler flue was not removed/properly blocked up when an old boiler was removed by (I presume) a previous leaseholder, and this is causing water to seep into the masonry. I am going to have to redecorate on the interior when, eventually, the repair is carried out and the wall dries out. I am also concerned because the damp area is growing larger and spreading behind wall tiles in the adjoining bathroom - if left unrepaired, it could potentially result in me having to retile the bathroom. (BTW whilst I know it's not for me to do repairs to communal/exterior parts, I can't get the flue removed myself as it's on the second floor and you'd need scaffolding to access properly).
Questions:
What are my next steps in terms of making the freeholder do the repairs/maintenance? Do I need to follow pre-action protocol for housing disrepair (http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm)? And would I then issue a claim in the county court to ask for an order to carry out the repairs? (Is this possible to do as a litigant-in-person?)
Do I have a case to claim for the cost of any internal decoration necessary due to the delay in carrying out the repairs? (given that the FH is not directly responsible for the failure to remove the old flue).
BTW, I am not being unnecessarily litigious; it previously took me over three years by 'normal' letter writing methods to get the FH to repair a leak in the communal hall. I'm not prepared to go through that again, hence, I want to go straight for the jugular this time.
* * * * *
FH's obligations in the lease:
...at all times during the term well and substantially to repair cleanse uphold support and maintain the exterior of the Block and the communal television aerials door entry systems fences walls and the entrance ways paths lifts staircases main walls party walls roof foundations and all structural paths thereof respectively including but without prejudice to the generality of the foregoing all those parts used in common with lessees of other flats in the Block and all drains watercourses sewers pipes water pipes gas pipes electrical wiring gutters down pipes and other conduction media belonging thereto respectively with all necessary reparations and amendments whatsoever and to light the passages landings lifts balconies staircases and other communal parts of the Block
...As often as may reasonably be required to paint with two coats of good quality paint suitable for outside use and to decorate all the outside wood iron and other parts of the Block which are usually or ought to be painted...
One of the problems is that an old boiler flue was not removed/properly blocked up when an old boiler was removed by (I presume) a previous leaseholder, and this is causing water to seep into the masonry. I am going to have to redecorate on the interior when, eventually, the repair is carried out and the wall dries out. I am also concerned because the damp area is growing larger and spreading behind wall tiles in the adjoining bathroom - if left unrepaired, it could potentially result in me having to retile the bathroom. (BTW whilst I know it's not for me to do repairs to communal/exterior parts, I can't get the flue removed myself as it's on the second floor and you'd need scaffolding to access properly).
Questions:
What are my next steps in terms of making the freeholder do the repairs/maintenance? Do I need to follow pre-action protocol for housing disrepair (http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm)? And would I then issue a claim in the county court to ask for an order to carry out the repairs? (Is this possible to do as a litigant-in-person?)
Do I have a case to claim for the cost of any internal decoration necessary due to the delay in carrying out the repairs? (given that the FH is not directly responsible for the failure to remove the old flue).
BTW, I am not being unnecessarily litigious; it previously took me over three years by 'normal' letter writing methods to get the FH to repair a leak in the communal hall. I'm not prepared to go through that again, hence, I want to go straight for the jugular this time.
* * * * *
FH's obligations in the lease:
...at all times during the term well and substantially to repair cleanse uphold support and maintain the exterior of the Block and the communal television aerials door entry systems fences walls and the entrance ways paths lifts staircases main walls party walls roof foundations and all structural paths thereof respectively including but without prejudice to the generality of the foregoing all those parts used in common with lessees of other flats in the Block and all drains watercourses sewers pipes water pipes gas pipes electrical wiring gutters down pipes and other conduction media belonging thereto respectively with all necessary reparations and amendments whatsoever and to light the passages landings lifts balconies staircases and other communal parts of the Block
...As often as may reasonably be required to paint with two coats of good quality paint suitable for outside use and to decorate all the outside wood iron and other parts of the Block which are usually or ought to be painted...