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Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Hopefully we can resolve this quickly.
Issues such as this are governed by the lease and it is usually the case that the freeholder is responsible for the building's structure, including the roof and guttering. Your freeholder is breaking the conditions of your lease if they don't carry out repairs they are responsible for. You may be able to take your freeholder to court to force them to do the work. You can go to the local county court for an order for specific performance. Specific performance is an order of a court which requires someone to perform a specific act, usually what is stated in a contract. The court could also order them to pay you compensation.
Write to your freeholder and:
If they insist they will not repair the roof then you have little option but to take court action. Also report the problem to the council's environmental health department if disrepair means that your home is dangerous or damaging to your health. The council can order the freeholder to do the work.
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Hello, yes you are quite correct. Her comments do not have any legal basis. The only situation where she would be correct is if what she is saying is contained within the lease. If there is no reference to the freeholder being exempt in the lease, then her duties and obligations under the lease will continue and she will be liable for the repairs.
Pleasure. I am glad I was able to help. Have a great day.