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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 2914
Experience:  Dual qualified Solicitor and Attorney
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Property question I am a leaseholder.There is building 3

Customer Question

Property questionI am a leaseholder.There is building 3 flats.
I live on the flat 3.
The freeholder old lady who ids highly problematic lives on the Ground floor, flat 1.
there is another leaseholder in flat number 2.The freeholder all of a sudden send a letter that she will bring some people to repair the external aerials to the roof .I am not using any aerial myself.she want to charge me one thirdalso she wants access to my flat for 3 hours ?why do I give her an acess ?do I have to?
Submitted: 13 days ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 13 days ago.

Hi thank you for your message, it is highly likely that the lease agreement allows the freeholder to charge you for repairs. To be sure though you would need to check the lease agreement. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 13 days ago.
I ask you if they can get in to my flat?

Even if there is need of repair ..where is the consultation?

Why to choose a contractor she knows?

and most importantly ,can they get access in to my flat?

Please answer these specific 3 questions I am asking you!
Expert:  Jeremy Aldermartin replied 13 days ago.

1. They cannot go into your flat without permission but there is likely a clause in the lease agreement which states you cannot unreasonably not allow the freeholder access where needed to make repairs to the property as requried of the freeholder under the lease. Therefore if you refuse you may be in breach of the lease.

2. A consultation under the relevant legislation, (Landlord and Tenant Act 1985 (as amended by S151 of the Commonhold and Leasehold Reform Act 2002), is only required where Landlords must consult if these works will cost over £250 for any one contributing leaseholder. Thus, in a property with unequal service charge contributions, the landlord must consult all leaseholders if any one of them would have to pay more than £250. If consultation is not undertaken, the landlord may not be able to recover costs over £250 per leaseholder.

3. If it is not s20 works she does not have too consult you on who she is choosing and is free to choose who she wants.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 13 days ago.
Many thanks

there might be damage to the roof because the aerials were fallen hard on to the roof probably broken tiles and further damage the roof.
The freeholder said that she will replace the aerials for the cost of 270 pounds and do nothing to repair the roof?

The cost therefore might be considerable higher than 750 pounds finally.

Can I ask her to supply me with a surveyors report since my flat is at the top and the roof damage will affect me more

I think that is reasonable before I end up having water leakage in my flat?
Expert:  Jeremy Aldermartin replied 12 days ago.

Yes, you can certainly ask for that and if the work is expected to cost more than £250 then the freeholder has to do a full consultation. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.