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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I am the landlord and leaseholder of a converted house into

Resolved Question:

I am the landlord and leaseholder of a converted house into two maisonettes along with the people downstairs. Downstairs have had a survey before selling and identified damp in the walls. This has caused damage to internal walls. They have had a quote for repairs which is about £4000. Some of this is for the internal flooring which according to their lease is their responsibility. Some of this work is precautionary as well. As the damp has come from outside and effected the flooring, do you think that I am responsible for half and should it only be half of the essential work?
Their lease says
"included in this covenant as repairable by the tenant including replacements whenever such shall be necessary the ceilings floors of and in the said maisonette and the joists or beams on which the said floors are laid"
I would be extremely grateful for any advice..
Adrian
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hi Adrian

Many thanks for your question.

The extract from the lease appears to make it the ground floor tenant's responsibility to repair the flooring.

As to whether you are partly responsible for remedying the damp, it would depend on the terms of the landlord's repairing obligation. I would need to see the terms of the repairing covenant in order to comment further.

If you can scan and attach to a reply I can take a look for you.

Kind regards

Paul

Customer: replied 1 year ago.
Many thanks for this.
I have attached both leases, I hope they are readable.
Some of the work is on an extension to downstairs which he has agreed is not down to me. the total work is about £4000 but most of this is internal work to downstairs. I have also attached the report.My lease is Lease 1Many thanks
Adrian
Expert:  propertylawyer replied 1 year ago.

Hi Adam

Thanks.

Clause 5(III) page 6 contains the landlord's covenant to repair. This requires the landlord to keep the exterior in repair. I assume that the ground floor lease contains a similar provision in respect of the external parts of the ground floor maisonette.

As you are also the landlord as you own the freehold jointly with the ground floor tenant you, in you capacity as joint landlord, are liable to pay half of the cost of any works to the external parts with the joint landlord (tenant of ground floor).

The ground floor tenant will be liable to pay the costs of the remedial works to the internal parts of the ground floor maisonette.

I hope this helps.

Customer: replied 1 year ago.
Many thanks. ***** able to present the above in correspondence to the other landlord/ freeholder in my letter to him?
Adrian
Expert:  propertylawyer replied 1 year ago.

Hi Adrian

Whilst the above is not to be taken as legal advice I have explained to you how the clauses work which you can in turn explain to the joint landlord.

Please can you accept/rate my reply so that I receive credit for my assistance.

Best wishes

Paul

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