I have already answered this question in the first line of the question.. yes I have a full repairing lease, but the landlord said the roof was his problem and he owns the flats above
I am sorry, but I have not used this service before. I was excited to get an answer as this is an urgent question...
I don't know.. he is offering to do the repair, but doesn't want a building surveyor as he says it is a waste of money as they don't do anything and it is a matter of trust.. do I trust him or not.. he is going to repair roof at night time so as not to interfere with my work
Indeed. Sadly you can't withhold any rent. If you do you will be in breach of your agreement and the Landlord could re-enter without notice and change the locks.
But I think it does need a surveyor either before the repairs to establish what needs doing or after to make sure that all the repairs have been carried out.
It wont be a huge cost probably around £250 or so, but bearing in mind these repairs are the responsibility of the Landlord it seems reasonable that he bears this cost
But whatever you do, do not withhold any rent - this would certainly cause you an issue
If you do pay for the surveyor and he wont pay you, you could in theory sue the Landlord.
As the cost would be below £10,000 it would be a small claim and a fairly informal process and even then you can issue proceedings online at www.moneyclaim.gov.uk
Can I clarify anything for you about this today please?
So if I pay the solicitor it is likely that it will be found in my favour that he should incur the cost retrospectively?
Yes, but if you pay a Solicitor for a small claim, these costs are not recoverable.
Thank you.. also is he liable for loss of earnings incurred for it raining in premesis for the 2 days? He has 2 inch pipes instead of 4 inch pipes on his roof.. also the builder said he has known about the cracked joist for some time.. but there is a language barriers so I am not entirely sure if it is worse since the rain
If it was caused by his negligence then yes
he has offered to deduct money from rent and I wasn't sure whether I could argue fir full amount or should be happy with gesture thst he doesn't need to offer..
Well if he knew about it or was negligent then you are entitled to it.
If it simply was an accident then you are not entitled to it
how can you prove negligence?.. with building surveryor?.. will they be able to tell age of crack even once repaired with still rod?
Yes they can tell whether it was repaired before and age
ok thank you.. and they will be able to tell age of pipes too.. thank you for your response.. I had some technical issues where the computer kept telling me that you had replied but there was no conversation or ability to write.. I can't therefore tick excellent but only good.. but wanted to tell you too.. it was driving me crazy!
Yes they should be able tell you this.
As for the system sadly I have no control as an expert, but I will pass your comments to the Moderator
i'll put excellent as realise rating you really for your folder, but do please tell them...
just one last confusion..
Is it a given that they responsible for roof.. landlord acted like it was when signed lease.. but for next time.. shouldn't it read on lease who responsible for it.. when says full repair how do you know whether it includes roof or not
Generally full repairing is just that, normally you would be responsible unless there are flats above you like there is in this case when the Landlord would be
ok cool thanks.. in my case it flats, flat roof and flats.. but this section is the flat roof so I suppose negligence is not a given in totality? and treading gently might be wise?
and proving it was like that before is pointless because they'll say should have discovered it self with own surveyor when took on lease or not?
so be grateful if they fix it and give me anything?
Well they fix it is the main thing. if they knew of the problem you could claim loss of business etc as long as any claim is below £10,000 so it stays a small claim
but try persuasion to get all that lost.. guess i'm pleased not to be next door with their lots of electrical equipment.. thank you..
how can prove they knew it? they'll just deny that..
Indeed. Can I clarify anything else for you?
Well the surveyor can tell you whether it was pre-existing
but they'll just deny they knew won't they?
Possibly but they are liable for the state of it
You could try as a small claim as the procedure is informal and not too expensive
I would just get a property solicitor for that?
No need as those costs wont be recoverable.
how to do it then?
Well you can issue a claim but it needs to be for £10,000 or less to keep it as a small claim
yes but how does a person do that.. on line?
blimey you said that.. doh! screaming toddler.. thanks.. have a good day.. over and out x