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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice.
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Hi there I have a problem with my apartment in London.

Customer Question

Hi there

I have a problem with my apartment in London. My apartment is a top floor apartment. one of the smallest ones in the building. We are all share of freeholders. We don't have a managing agent as the rest of the residents don't want to pay for it. Resident in Flat 4 has taken on the responsibility of managing the property/ company secretary. I have been always against this idea as her work voluntary and she only helps when she has time. i prefer to pay someone for professional work.

In August last year i report a leak in the roof to our company secretary. nothing was done until the other flats started to have problems over the christmas period, where flat 4 was not available and on holiday til early jan. it was only then did she start actioning on matters. I had always been offering my assistance but she does not respond to my offers of help but rather says she is doing all she can.

Recently the roofer went up to our roof and saw that there was a 2 inch water ponding above my property and recommended a structural engineer which meant opening up of the roof above my property and also meant that i had to give my tenants notice.

Structural engineer recommended a beam be put up to level the sloping and that mean more works to be done to the roof within my property. Everyone seems to be taking their time on action and means i have to keep sending money to london from singapore for the mortgage payments until this is resolved. I am loosing my rental income for the outgoings of my flat.

I am anxious of course as the other residents don't see my point of view. yes they agree it needs to be resolved but they have no sense of urgency.

My question is: can i claim for the loss of rental income from the management company if the works take too long? apparently all the works to the roof need to be done from within my apartment. I cannot have my apartment rented in this time. What should i do?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you have a tenant in the flat at the moment?

Is the problem getting the work done or is the problem the loss of rental income while the work is done?
Customer: replied 2 years ago.

No i had to ask the tenant to leave due to the hole in the ceiling now.


Since the report was out last week no action has been taken i am bleeding money.


I accept that works need to be done.


I am anxious about the loss of rental income. that is the problem.

Customer: replied 2 years ago.

The problem is the loss of rental income. No time frame has been given. I am fed up of it as i have been asking to do something about the roof since august last year.


I have to send money to london to pay the mortgage on top of the works that need to be done. Our roof has been described as to be in a state of neglect.


None of the residents care unless they have a problem themselves!

Expert:  Remus2004 replied 2 years ago.

In view of the fact that you have been reporting this since August last year I think that it strengthens your claim for consequential loss.

You have a claim against the freeholder for breach of covenant to repair the property.

As a result of their breach you are suffering loss.

However you have to prove that the loss is reasonably foreseeable and that the extent of the loss could reasonably have been avoided. I don't think you have a problem with that because if the freeholder had set about doing these repairs back in 2013 when the matter was first reported, it could have been resolved relatively quickly without too much ongoing loss. If the freeholder had done the work in a week or so, that would have greatly reduced your potential loss because the freeholder had done everything which was reasonable under the circumstances.

What you should have done already is put the landlord on notice that if this work was not completed by a particular date you would hold them responsible for all future losses incurred by you as a result of their failure to repair.

I would therefore do that now and tell them that unless the property is repaired by a certain date you will issue proceedings against them for your ongoing loss of rent until such time as the property is once again liveable.

Can I clarify anything for you?

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69268
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much! however we are all share of freeholders. I am a director too of the management company.


Who do i hold liable? the rest of the residents who are directors too?



Expert:  Remus2004 replied 2 years ago.
All the freeholders are jointly liable for the repairing covenants and therefore in effect, you would be party to the legal proceedings.

You would issue against the limited company and it is the limited company directors that deal with the proceedings.

Ultimately, the costs of defending the litigation if they decide to defend it will be borne by the shareholders of the limited company does not have the money to pay
Customer: replied 2 years ago.

So basically i have no claim against the management company?

Expert:  Remus2004 replied 2 years ago.
It depends on the terms of the lease.

Sometimes the management company is appointed in the lease, sometimes it is appointed by the freeholder.

Sometimes the obligation comes from the freeholder and is delegated to the management company and sometimes the obligation comes from the lease.

If the management company is appointed in the lease and the obligation therefore comes from the lease to the management company, you sue the management company
Customer: replied 2 years ago.

I am not a hundred percent sure but i believe it is appointed to management company. Should i get a lawyer to have a look at the lease agreement?


I have another question regarding some wording in my lease agreement. are you able to help me understand what it means?

Expert:  Remus2004 replied 2 years ago.
There should be no need to get a lawyer to look at the lease. It should be very obvious if you simply read it line by line. There is no magic in this type of thing only understood by lawyer.s

There is anything you do not understand, simply post the question up here.

If you let me know the wording of the lease that you are unsure of, I will be happy to tell you what it means.
Customer: replied 2 years ago.

did you see my question? i am not sure if it posted.

Expert:  Remus2004 replied 2 years ago.
The last thing you posted started "I am not 100% sure but I believe it is appointed to the management company" and I responded.

If you said something after that, please repost it. Thank you
Customer: replied 2 years ago.

yes ok sorry. Not sure why it didn't post and i took so long to type it out too:-)


My neighbour below my flat has been knocking up his ceiling at my 2 previous tenants for sounds of footsteps, baby crying, baby playing on the floor, washing machine. The council could not help as this is considered to be acceptable day to day living noises.


I need clarification on what the word 'nuisance' below means.


The lessee shall not do or suffer to be don in The Flat or any part therof any act or thing which may cause or cases a nuisance damage annoyance or inconvenience to The Management Company or any occupier of The Building or the neighbourhood or permit The Flat be used for an unlawfu or immoral purpose or permit there be brought or suffered to be brought into The Flat any dangerous or offensive good.


PLEASE NOTE: other than the above, there is no covenant on the type of flooring we can have in our apartments. We ALL have the same type of wood flooring in our living rooms and carpeted in the corridor and bedrooms.


Neighbour keeps asking me to carpet my living room too. I feel its unfair as he has the same flooring in his living room too. The way we bought it from the developer.


What does nuisance mean in this context? is it footsteps and baby crying and baby playing on the floor and washing machine? My tenant even told me that they knocked when they accidentally dropped a plate on the kitchen floor.

Expert:  Remus2004 replied 2 years ago.
If there is no covenant in the lease to carpet the floor, then you cannot be made to carpet the floor although it may be cheaper than facing litigation from the downstairs neighbour if they decide to take it that far.

The fact that the local authority Environmental Health Department have said this is normal noise means that it is not nuisance.

Children running around screaming and crying 24/7 can be nuisance as can a dog continually barking.
However the normal noise of life is not nuisance. Abnormal noise of life is nuisance. If the downstairs neighbours wanted to live in silence, they should not have bought a flat or they should have bought a top floor flat!

I think the last point you make with regard to knocking on the door because the plate was dropped, sums up the downstairs neighbours attitude to this and that is they want to live in perfect silence. They are not entitled to do that.

However if they are going to take the tenant to court for nuisance and you to court for allowing it to happen they are going to have to come up with some evidence from an independent third party that this is not everyday noise of life but is extra ordinary “nuisance”

Customer: replied 2 years ago.

Thank you so very much!

Expert:  Remus2004 replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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