ChatterBank6 mins ago
Leaseholder problem
Hi,
I am a freeholder of a two flat property which forms a converted terraced house. I returned from work today to find that the leaseholder had replaced a downpipe without my knowledge or permission. He got his window cleaner to do this, and of course, the chap has bodged it. He has broken 8-10 of the tiles on the exterior wall of my property, exposing brickwork and gaps, and also the lathes below on which they hung, which will, of course, allow water to get in. The leaseholder stated he was not there at the time, which is a lie, he was. and that the window cleaner will return on Sunday to 'repair' the damage. I have told him that under no circumstances is this man to do any thing further to my property. I am now going to get a qualified builder to repair the damage to the property. My question is - what legally can I do about this?
I am a freeholder of a two flat property which forms a converted terraced house. I returned from work today to find that the leaseholder had replaced a downpipe without my knowledge or permission. He got his window cleaner to do this, and of course, the chap has bodged it. He has broken 8-10 of the tiles on the exterior wall of my property, exposing brickwork and gaps, and also the lathes below on which they hung, which will, of course, allow water to get in. The leaseholder stated he was not there at the time, which is a lie, he was. and that the window cleaner will return on Sunday to 'repair' the damage. I have told him that under no circumstances is this man to do any thing further to my property. I am now going to get a qualified builder to repair the damage to the property. My question is - what legally can I do about this?
Answers
You need to look at the lease, & see what provisions it contains about the responsibili ty for doing work of this kind. I suspect it will say the leaseholder cannot do it without the freeholder's agreement, or words to that effect. You then point this out to the leaseholder & ask for his agreement to pay for the repair. (You cannot claim against the window cleaner...
19:54 Thu 09th Aug 2012
You need to look at the lease, & see what provisions it contains about the responsibility for doing work of this kind. I suspect it will say the leaseholder cannot do it without the freeholder's agreement, or words to that effect. You then point this out to the leaseholder & ask for his agreement to pay for the repair. (You cannot claim against the window cleaner because you do not have a contract with him - it is up to the leaseholder to do that.
If the leaseholder refuses topay you have no option but to give way or to start Court action. However, if the wording of the lease is unclear this could be risky.
If the leaseholder refuses topay you have no option but to give way or to start Court action. However, if the wording of the lease is unclear this could be risky.