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ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 4721
Experience:  Bar Professional Training Course
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I am a landlord who has an oral agreement with a friend to

Customer Question

I am a landlord who has an oral agreement with a friend to lease a flat for 3 years - there are dirty scratched walls who is liable to repair this ?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: london thank you
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: this falls under the landlords covenants to provide the services 5.4.1 cleaning, decorating, maintaining and repairing the Retained Parts other than the exterior, foundations, structure, load bearing walls and columns, ceilings, floor slabs and roof of the Building;
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thats it for now thank you
Submitted: 20 days ago.
Category: Law
Expert:  ReadyLaw replied 20 days ago.
Hi welcome to justanswer
Expert:  ReadyLaw replied 20 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 20 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Customer: replied 20 days ago.
hello
Expert:  ReadyLaw replied 20 days ago.
If there is anything else you need, please let me know before I respond?
Customer: replied 20 days ago.
sorry i clicked this by accident
Expert:  ReadyLaw replied 20 days ago.

Thanks for your patience and enquiry. It really would be the landlords implied and expressed duty to have this fixed.

Expert:  ReadyLaw replied 20 days ago.

By the covenant you have extracted here, it does seem as though your written agreement also makes provision for this.

Expert:  ReadyLaw replied 20 days ago.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 20 days ago.
thank you that makes sense
Customer: replied 20 days ago.
am i able to ask another question ?
Customer: replied 20 days ago.
i have another flat i let to my brother, the lease was executed as a deed and registered, about 6 months ago my brother received notification from the land registry that the owner of Flat 9 has registered with possessory title as the owner of a portion of the garden of my brothers Flat.
- The owner of flat 9 has brought evidence that since 2005 he has used that portion of the garden of Flat 8 as an architecture studio, where he meets clients and plans his projects.
- Back in 2005 he had in fact build a small room and conducted his business there. He has also erected a fence to divide the two gardens.
Customer: replied 20 days ago.
can i as the landlord do anything about this ?
Expert:  ReadyLaw replied 20 days ago.

It seems he may be claiming to have acquired rights in the property by way of adverse possession. You may challenge this on the basis of him not having had exclusive control of the property.