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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Can a landlord of a leasehold property refuse to do repairs

Resolved Question:

Can a landlord of a leasehold property refuse to do repairs to a property because he claims that there are not enough funds in the account into which the leaseholders pay?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 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 :

May I ask what the repairs are in question please?

Customer:

Repairing a structural beam which has been assessed by a structural surveyor as requiring replacement.

Customer:

Repairing a leaking roof which causes

Joshua :

Thanks. Are the leaseholders able to cover the cost of the repairs beyond what is available in the service charge account?

Customer:

Repairing a leaking roof which causes water to drip into our flat

Joshua :

Thanks. Are the leaseholders able to cover the cost of the repairs beyond what is available in the service charge account?


Customer:

Under the lease the lease holders pay an estimated amount in advance but there in no sinking fund

Joshua :

Thanks - are the leaseholder financially able to pay for the difference between what is in the account and what is needed?

Customer:

I do not have the required information regarding the other leaseholder's financial situation but I doubt if they are able to pay

Joshua :

Thanks. under the terms of your lease the landlord will almost certainly be liable for actually repairing the structures you refer to as leases almost universally provide that the landlord is required to maintain the structure of the building.

Joshua :

However the lease will not impose an obligation on the landlord to pay for the costs of repair himself (except in exceptional cases). The lease will usually provide that the landlord has the above obligations on the basis of indemnity from the leaseholders as to costs - i.e the landlord does, the leaseholders pay.

Joshua :

Accordingly as leaseholders you can individually or collectively force the landlord to attend to his repairing obligations but almost certainly the landlord would pass the costs of so doing to the leaseholders and has a variety of powers to force payment. If the works will result in more than £250 per leaseholder the landlord must go through a formal consultation in respect of any charges proposed for the works by serving formal notices

Joshua :

If the landlord refuses to repair, notwithstanding the above, any leaseholder individually or jointly can make an application to the county court to force the landlord to attend to his repairing obligations under the lease

Joshua :

An application can be made using the following form if required together with costs if the landlord is at fault.

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424

Joshua :

Is there anything above I can clarify for you any further?

Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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