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Dave77
31-05-2007, 18:57 PM
Hi.

My friend has recently started renting a flat (AST). The flat is one in a block of four. The freeholder (from whom he is renting) owns two of the flats. The other two flats are owned by leaseholders.

About five months ago the freeholder made the leaseholders aware that there was to be some major maintenance work to be carried out on the block and that there would have to be a temporary scaffolding structure in place for about four weeks. My friend only moved in last month and was not made aware of such work. Work is now due to start in two weeks and my friend is really annoyed because he would not have signed an agreement if he knew of the disruptions that he would be facing and the affect against his quality of life.

My question is, was the freeholder legally obliged to disclose this information to his tenant due to the fact it was made aware some time ago to this leaseholders?

Many Thanks Dave

Dave77
01-06-2007, 18:42 PM
Anyone at all?

Colincbayley
01-06-2007, 18:45 PM
My question is, was the freeholder legally obliged to disclose this information to his tenant due to the fact it was made aware some time ago to this leaseholders?

The short answer is no.

LondonFreeholder
02-06-2007, 06:02 AM
Dave, no so sure,

The guy is the freeholder and had knolage of impending works, a tenant on an AST "enjoy peacefull and quiet enjoyment" and that is not happening therefore the landlord of the AST is in breach of the agreement.

Personnally either your friend should negociate a rent free period or depending on the attitude of the londlord have a solicitor write to the landlord and tell him.

1. He has breached the tenancy agreement and the tenant wants to move out/rent free period.2

2. That the Landlord is obtaining money by deception which is a criminal offence.

In both cases your friend should ask for damages.

Ericthelobster
02-06-2007, 09:56 AM
About five months ago the freeholder made the leaseholders aware that there was to be some major maintenance work to be carried out on the block and that there would have to be a temporary scaffolding structure in place for about four weeks. My friend only moved in last month and was not made aware of such work. Work is now due to start in two weeks and my friend is really annoyed because he would not have signed an agreement if he knew of the disruptions that he would be facing and the affect against his quality of life.I agree that the LL should have mentioned it before the lease was signed, but I would ask how much disruption the tenant is actually facing, or whether he's just regarding it as a potential way of getting some money out of his landlord...

Dave77
02-06-2007, 12:34 PM
I agree that the LL should have mentioned it before the lease was signed, but I would ask how much disruption the tenant is actually facing, or whether he's just regarding it as a potential way of getting some money out of his landlord...

My friend isn't looking for money from the landlord, he is simply annoyed that this wasn't brought to his attention. Quite frankly, you are very rude with your insinuations, not everybody is out to extort money from others.

There is a surplus amount of flats to rent especially around east london. If you yourself were aware that one of the flats you were viewing at the time was subject to major pending works lasting around four weeks, would you move in?

My originally question was simple, was the freeholder legally obliged to to disclose this?

Colincbayley
02-06-2007, 12:56 PM
My friend isn't looking for money from the landlord, he is simply annoyed that this wasn't brought to his attention. Quite frankly, you are very rude with your insinuations, not everybody is out to extort money from others.

There is a surplus amount of flats to rent especially around east london. If you yourself were aware that one of the flats you were viewing at the time was subject to major pending works lasting around four weeks, would you move in?

My originally question was simple, was the freeholder legally obliged to to disclose this?

As I advised above, legally NO. As for morally that is a different matter.

Ericthelobster
02-06-2007, 15:04 PM
Quite frankly, you are very rude with your insinuations, not everybody is out to extort money from others.Well sorr-eee. You obviously aren't a landlord. I'll rephrase my question which you haven't answered:


I agree that the LL should have mentioned it before the lease was signed, but I would ask how much disruption the tenant is actually facing

Dave77
02-06-2007, 22:24 PM
Thank you colin for the advice. I have asked a straight forward question and you have given me a straight forward answer.

Eric do you seem to think that maintenance on a block for four weeks including a scaffolding right the way around with builders replacing entire roof tiles and underlay, replacing guttering, hacking off old stacco work and making good is not in any way disruptive?

Further, no, I am not a landlord, is this a problem? I wasn't aware that I had to be to post on this forum. In future, I can only advise that you do not question peoples motives in their questioning and just provide, if you can, the answer they are looking for. As it happens, you did not know the answer to my question, so your response wasn't warranted.

Colincbayley
03-06-2007, 11:27 AM
Thank you colin for the advice. I have asked a straight forward question and you have given me a straight forward answer.

Eric do you seem to think that maintenance on a block for four weeks including a scaffolding right the way around with builders replacing entire roof tiles and underlay, replacing guttering, hacking off old stacco work and making good is not in any way disruptive?

Further, no, I am not a landlord, is this a problem? I wasn't aware that I had to be to post on this forum. In future, I can only advise that you do not question peoples motives in their questioning and just provide, if you can, the answer they are looking for. As it happens, you did not know the answer to my question, so your response wasn't warranted.

Very harsh Dave, Eric knows his stuff and your response is not warrented. :(

Dave77
03-06-2007, 15:09 PM
Very harsh Colin? I don't think so. I asked one question and received in return an implication from somebody suggesting that my friend may be out to fleece the freeholder.

If somebody asked my advice on a subject and I was unable to answer it, I certainly then wouldn't make presumptions as to why they wanted such advice. However, I do admire you for "sticking up" for your friend, and I would like to apologise to Eric for not informing him that I wasn't a landlord.

Colincbayley
03-06-2007, 15:36 PM
Very harsh Colin? I don't think so. I asked one question and received in return an implication from somebody suggesting that my friend may be out to fleece the freeholder.

If somebody asked my advice on a subject and I was unable to answer it, I certainly then wouldn't make presumptions as to why they wanted such advice. However, I do admire you for "sticking up" for your friend, and I would like to apologise to Eric for not informing him that I wasn't a landlord.

I can't see why you are so hostile?

Eric was just suggesting you look deeper into the situation.
He is not my friend, I have never met him, but he is a very well respected member of this forum with a good knowledge base. Perhaps, you should take this into account in the future when requesting advice.

jeffrey
03-06-2007, 17:44 PM
Stop squabbling. Let's go back to the subject.
F knew that structural repairs were imminent but let the flat to T without telling him. That must be a breach of obligation for quiet enjoyment, I think. Even if flat's integrity and interior are unaffected, rights of access and use of external areas must surely be affected.
Having established that, what else does T want?

Dave77
03-06-2007, 18:06 PM
Colin, I think you are misconstruing the "tone" of my post, it is anything but hostile. I have simply asked a question and had my motives questioned as stated before.

Furthermore Colin, you have given me such authoratitive advice when it is severely contradicts Jeffrey's advice, from whom I might add, has given me valuable advice in the past. Could you confirm please Colin, the definititive legal source that backs up your answer?

Many Thanks
Dave

Paragon
03-06-2007, 19:24 PM
Need more facts. E.Q. If the LL believes that through his tenant's references, that the tenant works a normal work week and the building work only takes place during the week 9-5. perhaps he assumed that there wouldn't be any substantial noise nuisance.

However, if the tenant has a wife and baby at home, then he should have been warned without a doubt.

Colincbayley
03-06-2007, 20:19 PM
Colin, I think you are misconstruing the "tone" of my post, it is anything but hostile. I have simply asked a question and had my motives questioned as stated before.

Furthermore Colin, you have given me such authoratitive advice when it is severely contradicts Jeffrey's advice, from whom I might add, has given me valuable advice in the past. Could you confirm please Colin, the definititive legal source that backs up your answer?

Many Thanks
Dave

You asked for a simply answer, I gave you one.
When you are asked a question, you get hostile.
If you want a definititive legal source then go seek it elsewhere as you won't be getting bugger all from me.

I think I will just stick you on my ignor list and be done with you.