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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10455
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, I am a leaseholder in a converted building. Costs for maintenance

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Hi, I am a leaseholder in a converted building. Costs for maintenance are shared by all parties and handled by the freeholder's company. These costs include maintenance and repairs to the roof, but each leaseholder is responsible for the windows and of course the interior walls.
Recently a leaking roof caused my window frame to rot and damage to the plaster around the window frame. It is quite clear that this damage was caused by the leak as it's very local to where the leak was. The freeholder has had the roof fixed but is refusing to sort out the damage caused by the leak to my window frame and surrounding plaster, insisting it's my responsibility. Where do I stand on this? Obviously my perspective is that the damage was caused by areas of his (our joint) responsibility so responsibility should transfer to him in this case.
I've read through the lease but of course its doesn't mention such a specific scenario.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If the damage has been caused by the leaking roof, for which the Freeholder is responsible, he/the Company are certainly responsible for any damage caused to your Flat. That's the easy part of my answer.

The difficult issue is getting your money back for the necessary repairs. To be

nest, a claim would normally be made under the Block Buildings Insurance, and for this to be successful, it has to be evident that the damage was caused by the leaking roof.

I would therefore write to the Freeholder, putting him on notice that he is responsible for the damage and request that he contacts his Insurance Company. If he is not willing to co-operate, there should be a clause in your Lease stating that the Landlord is under a duty to provide a copy of the Buildings Insurance schedule to each Tenant, upon receiving such a request. Once you have a copy, you can write directly to the Insurance Company.

If, for some reason, this matter can't be resolved via the Insurance route, I'm afraid you would have no alternative but to issue small claims county court proceedings against the Freeholder for the damage caused.

I hope this assists you and sets out the legal position.

Kind Regards

AL

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