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Oct, 2014

Tuesday

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  1. #1

    Default liability for damage caused by contractor

    Damage was caused to the main structure of the building during the course of building maintenance works. I wrote to the freeholders pointing this out and asking them to take it up with the contractor. They have not responded.

    If I am expected at some stage to contribute to the cost of repairs do I have the right to refuse on the basis that they should have pursued the contractor or made a claim on the buildings insurance?

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Is the freehold reversioner:
    a. the original developer;
    b. an investor; or
    c. a company owned jointly by leaseholders of the block?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3

    Default

    Quote Originally Posted by jeffrey View Post
    Is the freehold reversioner:
    a. the original developer;
    b. an investor; or
    c. a company owned jointly by leaseholders of the block?
    None of the above - freeholder is a private individual.

  4. #4
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by artist View Post
    None of the above - freeholder is a private individual.
    But 'a' or 'b'?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  5. #5

    Default

    Neither: Not the original developer, freehold has changed hands several times to my knowledge.
    Freeholder also owns leasehold of only other flat apart from mine. Does that make him an investor?
    What difference does it make to liability?

  6. #6
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Whilst the covenants would be the same no matter what his role is, enforcement might be impeded if he owns:
    a. a flat leasehold; as well as
    b. the block's freehold reversion.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  7. #7

    Default

    He is also leaseholder of only other flat.

    If I am expected at some stage to contribute to the cost of repairs do I have the right to refuse on the basis that he should have pursued the contractor or made a claim on the buildings insurance?

    If I do have the right to refuse how might it be impeded?

  8. #8
    Join Date
    Oct 2009
    Posts
    5,109

    Default

    I suppose in due course he will have to sue you, either in County Court or LVT. At this point you will get to argue your points about damage, if he has not seen sense earlier.

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