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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I LIVE IN A BASEMENT IN LONDON AND HAVE A 88YR LEASE WITH THE

Resolved Question:

I LIVE IN A BASEMENT IN LONDON AND HAVE A 88YR LEASE WITH THE CHURCH COMMISSIONERS . THERE IS A BAD CASE OF RISING DAMP AND THE PLASTER IS FALLING OFF THE WALLS.IS MY LANDLORD RESPONSIBLE?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

This will depend on the terms of your lease, but it would be extremely unusual to see landlord repairing obligations in an 88yr term lease. Normally, the repairing obligations would belong to the tenant, not the landlord.

Customer:

20 yrs ago there was the same problem and they did come in and deal with it, but I suppose that it was only guaranteed for 21 yrs and it is happening again. As it is a basement of a large block of flats I presume that my walls are responsible for supporting the building ie 7 floors above me?

tdlawyer :

You might be able to try and argue that there is an obligation on the landlord to make the premises fit for human habitation and that your premises are not so fit and so he has to take steps to repair it.

tdlawyer :

This requirement is part of every lease.

tdlawyer :

So it depends on how bad this is really.

Customer:

Yes it is not fit, the children are constantly getting colds. My old neighbour ,also in the basement has been so ill with the damp he has to sleep in his living room on a sofa as the bedroom is so damp

tdlawyer :

Then you should contact your council and report it to them - as they have enforcement powers. Also, you can then take this up separately with the landlord. Once the council gets involved though, these issues are often quickly resolved. Landlords can be prosecuted you see.

Customer:

It is not a council flat

tdlawyer :

It doesn't have to be.

tdlawyer :

The council have enforcement powers against private landlords.

Customer:

OK thank you, XXXXX XXXXX with their representatives today will they be worried if I say I'll report them to the council? I tried to withhold my standing rent but they sued me and I ended up just paying it. They are the worst landlords, their agents are Knight Frank

Customer:

have we finished our chat?

tdlawyer :

I'm here.

tdlawyer :

They might be worried yes.

Customer:

asI'd like to have as much ammunition for my meeting as possible, my children's health is being affected with colds etc

tdlawyer :

Yes, well I think this is good ammunition to have. Plus, you could sue them in the civil courts for compensation for the state of the premises and the living conditions you've had to endure. So you can threaten two things (i) involving the council and (ii) issuing a claim in the civil court.

tdlawyer :

That should help move things along for you.

Customer:

thank you so much!

tdlawyer :

You're very welcome!

tdlawyer :

Is there anything else I can assist with this morning?

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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