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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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I am the leaseholder of a flat. The maintainance of the roof

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I am the leaseholder of a flat. The maintainance of the roof is the responsibility of a management company.

They havent fixed a roof leak which was originally reported to them years ago, and more recently 6 months ago. Are any legal remedies available? damages are not particularly useful as the objective is to get them to do the repair.

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

By them not repairing it then they are in breach of their contractual repairing obligations.

If someone breaches a contract then you are entitled to as a remedy claim any loss you have suffered. You can claim this loss however, you are obliged to mitigate your losses.

I appreciate that damages may not be suitable but as you are required to mitigate the damage what you could do is write them as follows:
1. Say they are in breach of their obligation to repair;
2. Say the damage is getting worse;
3. Put them on notice that if a time scale for action is not provided to you within 7/14 days you reserve the right to appoint your own contractor;
4. You will then seek to recover the cost of doing so plus any interest and legal costs from them in the county court.

I am afraid this is really the only option open to you, other than seeking an injunction, but that would cost tens of thousands of pounds and a court are unlikely to do it if they think you could mitigate the loss yourself.

If you do have to appoint your own contractor then make sure you keep receipts and costings well documented.

Kind regards

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