Break resolution timing?

[Donkin]

Some time ago the Leaseholders upstairs had a leak through their back door. The water came into my flat (I am the Freeholder) and has caused damp.

We told the Leaseholder to repair the door which they ignored. Solicitor correspondence and eventually they claimed to have repaired the door. We have photos to show the door was never repaired/ painted as they claim.

Time went on and eventually we got a survey which confirmed the problem as the door. The surveyor sent a letter to ask to see around, on the day he called they were painting the door (first time in 7 years).

I seem to recall that there is a time limit (18 months) on first mentioning a potential Breach and going to court.

As the 18 months has now elapsed (bad Solicitor). Would we be able to say the problem was rectified as they claimed in their Solicitor letter and it is now another problem as highlighted by the survey or would it still count as the original Breach?

[jeffrey]

What "18 months" limit? I suppose that it might be mentioned in:
a. the lease; or
b. the insurance policy.

There is no general legal 18-month time limit. An action based on contractual obligations has a six-year time limit; if it is based on a Deed, except for rent payment, there is a twelve-year time limit.

[sgclacy]

The only 18 month rule that comes to mind is in relation to the Landlord being timed barred in respect of recovering costs. He needs to have notified the tenant of costs withing 18 months of incurring expenditure

[Donkin]

Thanks

Now to find a Solicitor in the North East who has experience of Freeholder/ Leaseholder disputes.