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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a ground floor flat in a leasehold property. There is

Resolved Question:

I own a ground floor flat in a leasehold property. There is one other flat above mine, owned by someone who lives elsewhere, and rents the flat out (although it is currently unoccupied). The guttering on the upstairs flat is broken, and as a result water has been running down the side of the property. This has caused considerable damage outside, and has left the wall of my second bedroom very damp. In addition, my flat was flooded in December. I have contents insurance, but I incorrectly thought I had building insurance through the leasehold. Therefore I don't have building insurance. Thankfully the damage done by the flood was only at floor level, so I can deal with that. I need to know who is responsible for the damage caused by the broken guttering.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you know who the freeholder is?
Alex
Customer: replied 1 year ago.
The freehold is owned by the builder who converted the original farmhouse into the two current flats. I can't remember their name off hand, but I have their details somewhere. Each flat currently pays £50 per year ground rent.
Customer: replied 1 year ago.
The freehold is held by Simtor Ltd, Warwick Mills, Carlisle.
Expert:  Ash replied 1 year ago.
The freeholder is responsible unless the lease states otherwise. You cant insure the building because you do not own it technically, the freeholder does. As such it must be the freeholder who is liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Can I come back to you if I have problems with the freeholder?
Expert:  Ash replied 1 year ago.
Sure.
Good luck!
Alex
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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