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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am an owners of flat, which i rent out, in a block of 6 and

Customer Question

I am an owners of flat, which i rent out, in a block of 6 and the freeholders have issued court papers for breach of lease in relation to external disrepair.
There are 6 flats, but the joint action is against only 4 of us even though we are all liable for the repairs.
The work that we have been asked to do has been completed. I would just like some advice on how to deal with this matter?
Below is a summary of what has been received:
Claimant: Proxima GR Properties
Solicitor: JB Leitch Ltd, Tel: 0151(###) ###-####
Court: Liverpool County Court
Date of Service in Court: 10th March 2915
Particulars of Claim:
o 6 Properties
o Flat 1, 3, 5, 7, 9, 11
o 4 property owners being taken to court
o Flat 3, 7, 9, 11
Letter 30th July 2013 From Marlborough House Management
Notice of Disrepair: … Key points below:
• What will happen if you do nothing
o Lease allows the landlord to carry out work and charge the costs
 Myself and the other owners were under the impression that the landlord would carry out the work and bill us individually
• I cannot easily carry out these works. What should I do?
o If you are unable to carry out the works, then your landlord (via Marlborough House Management) can do these works on your behalf. If you know early on, that you would like us to organise repairs please do let us know.
• How do I contact my Neighbour
o We are unable to release the names of the other owners due to data protection but if you provide permission we can share your contact details with them or alternatively you can send any communication to us and we will forward this for you.
 Within the court papers all of our contact details have been sent to the other flat owners.
• What will the cost of the work be?
We do not know. We will re-inspect the property after the date in the Notice and if the works have not been carried out, we will obtain competitive quotations for the works. We will write to you again with information about the costs once those quotes have been obtained.
 This proposed course of action lulled me into thinking that the landlord would organise for the work to be done and bill the owners.
Letter dated 29th April 2014 From Marlborough House Management
• Refers back to the letter 30th July 2013
• Asking for confirmation when the work is to be completed?
 The only contact I have had is a telephone conversation to Marlborough House Management where I indicated I would be happy to contribute to the repairs.
Letter dated: 08th August 2014 from jb leitch soicitors (not received, no letters sent signed for is there any proof of postage?
o I did not receive a copy of this letter and neither did 2 other owners I have spoken to. Note: The copy of the letter included with the court papers is not on letter headed paper and not signed?!
• Immediate steps to remedy breach of lease and carry out repairs to prevent action being taken.
• Confirm in writing by 22nd Aug 2014 your agreement to remedy the breaches
• If you fail to take immediate steps to remedy the breaches we have instructions to seek immediate recourse from the court by way of injunction and or declaratory relief. Note we will be seeking recovery of our clients legal costs should such action be necessary.
Papers received 10th March 2015
• Claim Form part 8 and copy of letters below
• Particulars of claim dated 24th Feb 2015
o Breaches 1,6&7 of lease
o Outstanding arrears
o Damages
o Interest at 8%
o Interest of 8% of arrears
o Costs
• Witness Statement of Philip Parkinson
o Solicitor
o Particulars of Disrepair
 Broken fence
 Uneven footpath leading to car park
 Overgrown trees
 Non-retractable clothing line in the development
 Any further deterioration of the state of the development
• PP1 –land registry details
• PP4 – Pictures of disrepair (photos taken in the summer)
• PP5 - Copy of letters dated 8th August 2014
• PP7 – Legal fees dept recovery detail
• Details of Claim between Proxima and 4 of the 6 owners
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I note from what you say that the works for which the landlord is now seeking to charge have been completed. May I ask how much is being sought for those works from you (excluding any legal costs being claimed)?

JACUSTOMER-pohebpb2- :

Myself and 2 other owners oganised the work that has completed.

JACUSTOMER-pohebpb2- :

Even though the management company suggested they would organise for the work to be completed they never did.

Joshua :

Thank you. Why did you organise the work? This would typically be the freeholders responsibility. Do you own a share in the freehold?

JACUSTOMER-pohebpb2- :

Its unuseual but the lease states that the flat owners have to maintain the property. It also states that the freeholder should caary out inspections every 3 years and notify the owners of any matters that need attending to. I am not aware of any inspections by the managing agent or freeholder in the last 12 years.

Joshua :

That is in deed unusual. One usually only sees this on old maisonette leases. Do you have the lease available as I may need to review the same.

JACUSTOMER-pohebpb2- :

I have a copy of the lease and can let you know the points they refer to.

Joshua :

In order to be able to give you some guidance on this I really will need to see the lease in full as the quality of the landlords claim will turn on the provisions of the same. Do you have it available in an pdf or something similar and are you happy to email it to me?

JACUSTOMER-pohebpb2- :

I can scan it and email all the documents to you later today. Could you let me know your email?

Joshua :

That would be great. Yes communicaticting by email is treated as an additional service by this site. I can creat something called an additional service for communication by email which will then allow us to communicate direct by email. There is a fee for additional services but I will set this at the minimum which is around £3 so it does not add any substantive additional cost. You can then email the document over as and when - I will be around all day.

Joshua :

May I proceed?

JACUSTOMER-pohebpb2- :

Yes please. I will be back this afternoon and will scan the documents and send over this evening for you to have a look through.

Joshua :

Thanks. I will create something called and Additional Services Offer which should come up on your screen in a few moments. Once the offer appears, you need to click the button to say you accept and it will take you through the payment steps - don't worry that it will tell you the chat will end - we will not be disconnected. You will leave the chat window (the thread above will be saved) and go to a new page where you can imput your email address so we can communicate by email. Only we can see each others email addresses.

JACUSTOMER-pohebpb2- :

The link did not take me to a payment option, could you resend.

Joshua :

Unfortunately I cannot resend it but you should be able to find the link if you click into "My account" on the site. If you are have problems, I can ask customer services to contact you.

Expert:  Joshua replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 2 years ago.
Hello
Thank for completing the link. I hope you didn't have too much trouble. My email is shown below. Please email over the lease at your convenience.

Kind regards
Customer: replied 2 years ago.

Morning,

I emailed you a copy of the lease and details about the breach.

Regards

Dominic

Expert:  Joshua replied 2 years ago.
Good morning. Thank you for your emails. I will look at the same shortly and revert to you later this morning.

Many thanks