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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience:  Solicitors 2 years plus PQE
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My father converted their home into two flats, then sold the

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My father converted their home into two flats, then sold the top flat on a 99yrs lease, with stipulations in the lease that the property had to be kept in good order. The people that originally bought it then sold it on 12yrs after to somebody else who has had the leasehold now for the last 16yrs. In the last 10yrs the person has re-let the flat using a property letting agent. In this time my mother who is registered blind  and is also 87yrs and has heart problems, has had various problems with tenants from the letting agency, and also leakage from the above flat, of which her ceiling has  been damage and has had to have new ceilings errected.  In the last month the letting agency has put in a shower unit in the top flat without asking permission from my mother which states in our lease documentation any work should be agreed by the Lessor.  My mother has had a flood due to a valve being left open which has caused her ceiling to fall down and flooded her carpet. Since this event we have put a new ceiling up, and have now had another flood. My mother is still walking on floor boards, she has had to put buckets incase of more flooding as the plumber cannot due anything untill Tuesday.  Am I right in thinking that the lessee should be paying for all the damage caused.  How do we stand with the leasehold agreement, how do we stand with trying to get the leasehold back

Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

It is an accepted principle, not within contract law but, within tort that if something escapes from another flat and causes damage to another persons residence they are liable for this damage.

This is a simple matter to rectify, you need to 1) obtain an expert opinion (i.e from a builder) to confirm the damage has occurred from the above flat and get a quote for the repairs 2) send the bill to the other flat owner (not the tenants the owner of the long lease) detailing the quote and damage and ask them to confirm what they intend to do about it. If they do not agree to contribute to it then you can sue them. https://www.moneyclaim.gov.uk/
Do you have an idea of the value of the damage?
Also it may be worth checking in the first instance if you have any building insurance that covers leaks and floods of this nature.

If you want free advice on these types issue in the future there is a government based service to assist with landlord and tenant issues - www.lease-advice.org/

I am happy to deal with any follow up questions.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3613
Experience: Solicitors 2 years plus PQE
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