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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10779
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Husband has a Mortgage, and the outside of the house it

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My Husband has a Mortgage, and the outside of the house it in a very bad way for years, Brick work falling down, Fire escape stairs cracking. We went to get legal advice 2 years ago and they said it's the responsibility of the Land laws to fix this, and we pay Ground rent and Building Insurance. However, we recently received a letter stating they are going to be working on the outside of the house and repair brick work etc.... as tenants have complained and we need all ay £400!!!!!! Is this right can they do this? I only ask because the maintenance and upkeep of the building is the land laws responsibility?

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Under residential Leases, a Landlord is indeed normally responsible for any maintenance to the structure and common parts of the building. However, the Lease will also stipulate that each Tenant is responsible for reimbursing the Landlord their due proportion of any costs spent by the Landlord on carrying out repairs to the structure/communal areas.

What normally happens, therefore, is if there is any work to be carried out which is going to cost the Tenant more than £200, the Landlord is under a duty to serve notice on each Tenant of the proposed works he intends to carry out. The official name for this notice is a "Section 20 Notice".

You do need to check the wording of your Lease to see if the Landlord is entitled to claim back the monies he is going to spend, but I would be most surprised if it did not contain this provision, and if you have received a Section 20 Notice, it is pretty safe to say that this provision is included, and you will therefor ebe responsible for paying the £400.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Please let me know if you require any further clarification.

Kind Regards


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