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Madhu Pal
Madhu Pal,
Category: Law
Satisfied Customers: 257
Experience:  Solicitor at HPLP Solicitors
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I own a leasehold flat in a victorian conversion property,

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Hi - I own a leasehold flat in a victorian conversion property, which comprises ground floor & basement. The basement flooded in the winter and needs to be 'tanked' to make it waterproof. I'd like to understand if I as the leaseholder, or the freeholder, is responsible for the cost of this work under the terms of my lease
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Not yet - I've got quotes for the work and asked the freeholder if he is prepared to make a contribution to the cost. He said it's not his responsibility as I have sole occupancy of the basement
JA: Where is the leasehold located?
Customer: Croydon
JA: Anything else you want the Lawyer to know before I connect you?
Customer: There is a clause in the lease which indicates that anything 'below the said floor surfaces' of the property are not part of the Demised Premises

Good morning, are you opting to pay for it privately or make an insurance claim?

Customer: replied 11 days ago.
I would have to pay for it privately as the tanking (waterproofing) is considered to be an 'enhancement'. The insurance will only replace what's there already which has been damaged (walls/ceilings etc). The idea of the tanking is to mitigate against it flooding again

I see, and is the tanking only for your benefit? Not the building as a whole?

Customer: replied 11 days ago.
it would be
Customer: replied 11 days ago.
Though the freeholder will benefit from the tanking in that it will lessen the risk of future insurance claims against flooding, and hence keep the insurance premium lower
Customer: replied 11 days ago.
Also there is a clause in my lease which indicates that anything 'below the said floor surface' is not part of the 'demised premises'. So that implies anything beneath the basement floor technically doesn't belong to me under the lease

I see what you mean, however under the circumstances it is not an essential part of the building to make it operate as a whole and the landlord would probably not opt to have this. Do you have a copy of the lease you could send over. I want to clarify what context the clause is written in

Madhu Pal and 3 other Law Specialists are ready to help you
Customer: replied 11 days ago.
Sure - I only have a scanned type written copy as it was drawn up in the 1980s
Customer: replied 11 days ago.
Where do I send it?

There should be an option to send an attachment, if I am honest I am not sure how your chat screen appears, but we have an paperclip at the top of ours. Please note this is an email, not chat service so I will review and get back to you in due course.

Customer: replied 11 days ago.
Hmmm I can't see any option to add an attachment, no paperclip etc