help from BTL landlords please

ognum

i have a leasehold flat in a block which is managed by a committee of owners. I live 100 miles away from the flat so it is difficult to give practical help but I do ensure I pay management fees and answer emails promptly as I know they work hard and do keep costs down.

The flat has a good tenant who pays the rent on time and looks after the property. I have an agent who seems good and contacts me if there are issues (few) and I try to ensure they are dealt with promptly.

over the past couple of months the tenant has reported a damp problem which is due to water collecting under patio doors, the management group has had this checked and say the asphalt below the slabs on the balcony is probably cracked and allowing water in.

All external works have to be carried out by the management group and they hold the insurance for the block as part of the lease. I do not seem to be able to get them moving to get this sorted, I have apologised to tenant andoffered to lend the management group the money to repair the balcony if they are short of funds, still no repair. my agent has emailed them regularly so they are trying as well.

What is my next step?

G_M

This is really not a landlord /tenant issue, it is a building management / repairing issue.

You will have to 'persuade' the mgmt co to do the works.

Ideally via reasonable requests (in writing) but failing this via legal processes.

You could try making a claim on contents insurance for damage to your belongings (if damaged by damp - your contents insurer may put pressure on the mgmt co to re-imburse them as they were responsible.

Or a claim on buildings policy - I assume a group policy, but if you are named on the policy you can claim.

Ultimately enforcement of terms of your lease. A protracted and potentially expensive legal case.

Leaseadvice is useful resource website.

Fire_Fox

What reason are they giving for not completing the repairs? Doesn't sound like a buildings insurance job, sounds like a wear and tear/ repairs and maintenance issue.

Why is your letting agent e-mailing? They are not party to your contract (long lease) with the freeholder, all they are is a mirror to you in your contract (AST) with the tenant. Stop e-mailing start writing, send your letters recorded delivery and note that you will push for repairs through the Leasehold Valuation Tribunal if necessary. This will probably take months, how much is it going to cost to do the repairs yourself?

ognum

Fire_Fox wrote: »

What reason are they giving for not completing the repairs? Doesn't sound like a buildings insurance job, sounds like a wear and tear/ repairs and maintenance issue.

Why is your letting agent e-mailing? They are not party to your contract (long lease) with the freeholder, all they are is a mirror to you in your contract (AST) with the tenant. Stop e-mailing start writing, send your letters recorded delivery and note that you will push for repairs through the Leasehold Valuation Tribunal if necessary. This will probably take months, how much is it going to cost to do the repairs yourself?

I am not allowed to do the repairs myself otherwise I would have done so a couple of months ago!

letting agent is emailing the management group on my behalf as it is them that receives the complaints from the tenant.

You are right I will write not email, thanks.

Fire_Fox

ognum wrote: »

I am not allowed to do the repairs myself otherwise I would have done so a couple of months ago!

letting agent is emailing the management group on my behalf as it is them that receives the complaints from the tenant.

You are right I will write not email, thanks.

Letting agent has no right to do this, they have no contract with the management company, they are stepping outside the boundaries of their role and you should put a stop to this. You cannot delegate your legal rights and responsibilities to your agent; your agent is a go-between for landlord and tenant in respect of the AST only they are NOT your agent in respect of the long lease. At best the management company could ignore these e-mails, at worst they could try charging you for replying.

I appreciate you are not supposed to do the repairs but you have water p1ssing in your flat. There are certain circumstances where leaseholders can repair the structure of the building if the freeholder cannot be found or will not do it. Read the advice guides in the LEASE website posted by G_M.

IMO also write directly to the tenant, apologise, assure them that you are aware of the issues and that you have been pushing the management company for repairs since x date. Personal communication and feeling like someone cares goes a long way, it can be difficult and frustrating dealing with a letting agent who doesn't actually have the powers to do anything (and often doesn't actually care).