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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 280
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I rent a top floor flat in a block of 4. My landlord has a

Resolved Question:

Hello, I rent a top floor flat in a block of 4. My landlord has a lease on the block from a third party. The remote phone entry system is unserviceable. The front door lock broke some months ago and has not been replaced. Only an internal mail box has been provided. Who is responsible for the communal door security/entry and if it was fixed and mail then is posted through the door who is responsible for my mail possibly being taken by other flat occupants. Hope you can help me out.
Andrew
Submitted: 9 months ago.
Category: Property Law
Expert:  propertylawyer replied 9 months ago.

Who has responsibility for repairs will depend on the lease.

Generally the building owner/freeholder retains responsibility for repairs to the external /structural parts and common parts. The costs/expenses incurred are then, generally, passed on to the tenant via a service charge.

However, the freeholder could have passed the repairing obligation on to the council if the freeholder has let the whole property to the council.

You can search the land registry to find the registers of title to the property. The lease could well be registered / noted on the title. If so you can purchase it for approx £3 per document. You can then check who has responsibility to repair. If the freeholder, you will not have a direct contractual relationship and have no legal right to demand repairs, this can only be done by the tenant, I.e the council. Do check your tenancy agreement because the council may be under a repairing obligation in the agreement which you can enforce.

Regarding the mail, if other tenants/occupiers take your mail then they will be liable criminally for that. Not the council or freeholder.

Any questions or queries?

Happy to assist further.

Customer: replied 9 months ago.
Hello again
Initially I could only find far more expensive ways of obtaining registered titles, £19.95 and £14.95 so this had delayed my response and I didn't want to close this "question" and rate it too soon. I have purchased a title for the Freehold sale, from the then local council to a property company and a second detailing a 99 year leasehold to my Landlords the Fletchers. I do not pay any maintenance charge in addition to my rent so this initially made me think the Freeholder would have transferred the responsibility to the Lease holder. However I then obtained the 2 documents that seem not to show any such details, but go into detail concerning a laundry that is no longer in situ, the 2 ground floor businesses currently being a fish and chip shop and a burger bar. I have included the 2 documents, they do refer to a plan that I couldn't readily get. The north side of the building, mentioned, is the open rear of the building where the communal door is located. There's mention of Part I of the Law of Property (Miscellaneous Provisions) Act 1994 and a quick look has me completely confused. As to my lease agreement, the last one was stolen by another flat renter, a Policeman knocked on my door to ask why the compliment slip from the agent had been found in the flat below me. I haven't signed a new lease as I want the problems fixed to my satisfaction before doing so, and not be tied to another 6 months if they persist. The last lease was with another agent who no longer represents the lease holders.I understand this is a follow up to the original question and does not incur a further charge. I have long term health issues and I am on ESA benefits so have a strict budget to work with.Andrew Maclure
Customer: replied 9 months ago.
Still waiting to see where the attached title documents have a bearing.
I have since heard from the managing agent that the freeholder is part of some large "Italian" family and he doesn't wish to have any direct dealings with them, perhaps all parties are too scared?
Expert:  propertylawyer replied 9 months ago.

The title documents do not help.

What you need is the lease to see who is responsible for repairing what. You can acquire a copy of the lease from the Land Registry.

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