Re: Huge bill for leaseholders - update

[Deleted User]

Remember my problem?

I just wanted to thank all those have helped me plus goive an update.

Often people may get advice but not think to let anyone know the outcome ot progress.

Well....I was presented with ahuge bill - 20% of around £58,000. This was for 'essential' repairs, roof etc.

Thanks to your advice - I gathered more information and got onto LEASE, who were very helpful.

Once I gained a better understanding of my responsibilities, I went back to the bill estimates.

I have a signed note from the freeholder, who owns other flats in the building, to say that he would pay for decoration at no cost to me.

I went through the estimates in the bill and removed everything referring to external and internal decoration, I removed £3,500(cos that amount for contingency appeared twice), took out eveything referring to refurbing the freeholders flats interiors and non essential refurbishments, repair to damage done by his previous tenant, etc. This reduced my share(though potentially increased others share) to around £6,500.

I wrote to the freeholder without accepting liability suggesting that the new figure may be something we could discuss.

I was initially met with a barrage of threats.

My solicitor finally started listening to me and said i should no longer respond to anything that came from the freeholder until a legal letter came.

Work has started on the building and there is scaffold up.

I have just been to my leasehold flat on the south coast yesterday.

Quiet drive down, just going to clean windows ready for a tenant until we can sell it.

There is work being done on the outside of the building, so scaffold is erected.

Going down the steps to the front door, I first saw that the big living room window had been boarded up.

through the lobby and into the living room and saw that the the whole glass was gone. Opposite that there was a hole hacked through the wall between the living room and bedroom, which had demolished an alcove.

There were muddy old sheets on the floor and down the hall to the back door which goes into the garden.

In the bedroom, the bed had been moved and there were muddy old sheets on the floor between the hole in the wall and window. Muddy marks streaming down the widow from the small window that opens.

We realised that the builders had gained access through our front window to take scaffold poles through to the back of the house!

We were about to call the police - cos there were no workmen around and only an answer phone on the number from their board - when a policeman came down the road and a builders delivery van pulled up.

Anyway, rant, rant - finally got hold of freeholder and director of building firm. The former said he hadn't told them they could enter our flat. The latter was a slime ball and said the council wouldn't give permission for him to unload scaffold in the multi story ccar park access road at the back of the building so he had no choice but to break into our flat!

To cut a long rant short - the builder has accepted responsibility and agreed to put everything right on Monday.

This has obviously opened a dialogue with the freeholder.

He now wants to meet to talk about the bill 'around a table'!

He is much more conciliatory and full of apologies about what has happened in my flat.

But I have told him i will call him on Tuesday as my first concern is to get the damage repaired.

Any advice on how to proceed?

Doozergirl

:eek:

Are you serious? They broke into your flat? I would have called the police without even blinking and my solicitor second! Without a doubt they have commited a crime by breaking into your property and I would be using that as a big fat lever to get everything I could from them, nevermind just the repairs!

I'd be seeking the small matter of a £6,500 share to be reduced condiderably by the builders if they don't want to be prosecuted.

prudryden

Agree with Doozer. Stay tough. There will be a lot of help coming your way via this forum.

[Deleted User]

I did the call the police and they spoke to the building firm on the phone and found that there had been a mistake in that the building firm had assumed ALL the flats in the builing belonged to the freeholder and as the flat was temporarily empty....etc.

The director of the building firm was a complete ******* and I had a long talk with him myself. He said he didn't know that I owned the basement flat........that he couldn't get council permission to to park scaffold lorry at rear of building.......what else could he do?............etc. I gave him short shrift on all. I want to re let the flat and had planned for viewings next week. I wanted to stop the access by builders and get all damage reaired as soon as possible. Which I finally got him to agree to. He had wanted to continue through my flat but I said not at all and not without my express permission and fee to me. At which he agreed to make good all damage.
I can go back to police if necessary. My first priotity was to stop what was happeneing and make them repair it.

The freeholder noew wants to resolve the matter of the roof etc repair bills without the costs of solicitors.

Which I would prefer too.

Solicitors are expensive and even my solicitors say it would be cheaper to resolve it without going through litigation.

I feel I may now be in a good position but i need to enter negotiaitions on the big bill with some strategies.

prudryden

Keep written records of every conversation and then relate that conversation in the form of a letter to the other party.
To assume that the freeholder owns all the flats is certainly not a defence in any damages case.

[Deleted User]

Thanks so much for all your interest in this.

I don't know if the police could do much if an 'honest' mistake has been made, however, if the repair is not done to my satisfaction and the builder is difficult, I want to be sure that I have recourse to go back to the police if necessary, I may give the cops a ring as I have a reference number for the incident>

[Deleted User]

have just been back onto the police and quoted my serial number.

Told them that since the incident I have spoken to both builder and freeholder.

Told them about the conversations and that builder has agreed to put all right on Monday.

Asked what I do if the work a) Isn't done on Monday b)Isn't completed properly?

Asked if I could still lodge a complaint?

Police said I could. I asked if 'breaking and entering' would be appropriate and police said they would charge them with burglary!

I said could I aslo comlpian about criminal damage? Police said yes!

So first thing Monday, I relay this info to Builder. And I ask for compensation.

I'm thinking of £60 for the van we hired yesterday - which became a waste of time, plus £180 for loss of rent for two weeks. Plus £15 for me to go there and check the place from Berkshire - fuel.

Anything else?

prudryden

Telephone, postage, time, stress, inconveniece = wrap it all together and give them one lump sum to settle.

[Deleted User]

I've just left them answerphone message outlining the police thing - saying that I ad got back to the ploice as they were in attendance at the incident and had asked about what happens next if the property is not repaired on Monday to its former pristine condition. And that the police had said I could lodge a complaint for burglary and criminal damage. Of course, I was reluctant to go that route and hoped that everything would indeed be put right on Monday, but in the meantime I had out of pocket expenses for things like the van hire, phone calls, and extra visits and loss of rental. I said I would be putting together a bill for them and I hoped to see the property fully restored on Monday.

That gives them fair warning, doesn't it?

Loretta

prudryden wrote:

Keep written records of every conversation and then relate that conversation in the form of a letter to the other party.
To assume that the freeholder owns all the flats is certainly not a defence in any damages case.

I would think that if it was a 'mistake', it may not be a criminal matter but mistake or not the builder caused damage and will have to pay you.

If your freeholder gave the builder wrong information the builder would then have a claim against the freeholder for what he had to pay you, that would not be your problem, don't let it get complicated. The builder caused damage to your property and must recompense you, end of story

prudryden

Loretta wrote:

I would think that if it was a 'mistake', it may not be a criminal matter but mistake or not the builder caused damage and will have to pay you.

If your freeholder gave the builder wrong information the builder would then have a claim against the freeholder for what he had to pay you, that would not be your problem, don't let it get complicated. The builder caused damage to your property and must recompense you, end of story

I didn't think it was a criminal matter - but the OPS conversation with the police seems to indicate otherwise, which does surprise me.

I would expect that it will eventually be a civil case - in the small claims county court. No need for a lawyer there, as long as OP can substantiate the damage with proof.