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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Complcity in historical neglect by other lessees

Customer Question

Hello,


I have edited this down as no-one was responding!


I live in a building that comprises of 3 flats. My partner and I bought the top flat in October 2012 since when we have been petitioning for essential work to be carried out on the roof. The previous freeholders were an elderly couple who lived in the flat that we now occupy until they each died. The new freeholder has now engaged us all in a Section 20 consultation, we have all now responded and Gala Properties has sent their response to our comments with all of our letters attached.


I believe one of the neighbours’ letters shows their complicity in the historical neglect and negligence with respect to the building over 40 years and that my partner and myself should not be liable for the increase in damages even though the old freeholder is deceased.


The letter also demonstrates their complicity in the collection of services charges over the decades that never went towards repairs or into a sinking but rather went into the freeholder’s pocket.


Is there any chance of a claim that we should shoulder less of the financial burden owing to the neglect and negligence of the other lessees during this very long period where they knew the building was deteriorating, knew no repairs were carried out (except by ‘cowboys’), knew the freeholders were elderly and not up to the job and knew that the service charge they were paying went nowhere?


I can attach the letter for your perusal if you think so.


Thanks,


Anna Graziano

Submitted: 9 months ago.
Category: Law
Expert:  Nicola-mod replied 9 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.

Hello,

I am very keen to have an answer so please do continue.

Thanks for your hard work.

Regards,

Anna

Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 9 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 9 months ago.

Hello,

I would like to persist unless you think its not worth it. Why is my question putting lawyers off?

Thanks,

Anna

Expert:  Nicola-mod replied 9 months ago.
Hello Anna,
I think it is worth persisting for a bit longer. Of course you can always ask for a refund at any time.
I am not sure about the question, but I think it's quite a complicated issue.
Thank you,
Nicola
Expert:  Clare replied 9 months ago.
Hi Thank you for your questionMy name is Clare and I shall do my best to help youI am afraid that whatever has happened in the past you are liable for an equal share of the repairsThe only point at which you could have changed this was at the time of buying the property when you could have negotiated a lower price to reflect the possible Service Charge increases.This is the case no matter what the other owners have put in their lettersI ma sorry not to be able to give you better newsPlease ask if you need further detailsClare

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