Advice urgently needed please re Freeholder

[Deleted User]

Hi

I have had a big shock today in that I got a call from the council about my buy to let flat. The tennant of the flat below complained to them that a leak had caved his bathroom ceiling in.

The upshot was the council lady went around and has concerns about various things and is coming back to do a full inspection . She specifically mentioned fire escape and sodden joists under the floors but is going to look at everything.

So far so good, my side of things in the flat is up to date , gas safety . Smoke / carbon alarms / electric etcetc .

Here's the problem. When she mentioned what she was concerned with so far we were shocked because over the last 10 yrs we have paid the freeholder thousands to do these things, we paid for full repair and decoration of outside elevations , repairs to the bay window, all associated damp. We then paid for all remedial works following a leak from the upstairs flat and then we paid out again for all fire assessment recommendations .

It seems.maybe the freeholder took the money and didn't do the works at all or patched over. The rub is that the freehold was sold about 4 mths ago to another company .

Where do we stand with all this.

Any advice greatfully received .

eddddy

BBH123 wrote: »

It seems.maybe the freeholder took the money and didn't do the works at all or patched over.

Things don't work in the way you suggest. Essentially, contractors do the work and the freeholder recharges their bills to the leaseholders.

If you suspect something dodgy is going on in the recharging, you have a legal right to see the invoices.

If your contribution to any works is over £250, the Freeholder must consult with you first (tell you what needs to be done, show you a range of quotes etc). It's called a section 20 consultation.

BBH123 wrote: »

The rub is that the freehold was sold about 4 mths ago to another company .

So it sounds like they may have to arrange more repairs, which will be recharged to the leaseholders.

[Deleted User]

That's what worries me but I'm hoping now the council are involved they won't get away with any shortcomings.

anselld

BBH123 wrote: »

Here's the problem. When she mentioned what she was concerned with so far we were shocked because over the last 10 yrs we have paid the freeholder thousands to do these things, we paid for full repair and decoration of outside elevations , repairs to the bay window, all associated damp. We then paid for all remedial works following a leak from the upstairs flat and then we paid out again for all fire assessment recommendations .

None of the things mentioned seem to be connected to the collapse of a downstairs ceiling.

You are not necessarily responsible for the ceiling (unless you have been negligent) but if the leak is inside your flat you are responsible of fixing it now that it has been identified.

[Deleted User]

I think you have missed the point in that she has gone beyond looking at the ceiling , she is going to do s full housing health and safety inspection and some of the concerns she raised are areas we have paid the Freeholder to do. Now the Freeholder has sold to another person I was wanting advice about how we stand and who is liable for further repairs to the building .

The whole thing stinks tbh. I was chatting to the guy who owns the flat with the damaged ceiling and when he rang the Freeholder for a telephone number for the buildings insurer they wouldn't give it to him. When the council lady rang the Freeholder to insist they put supporting joists in the bathroom they initially said no but she threatened something or other and they relented . When the builders came round the owner of below got chatting to them and they cheerfully told him they worked for the same guy who owned the Freehold previously so now we're wondering if he fleeced our money and just changed the name of the company or something.

anselld

BBH123 wrote: »

I think you have missed the point in that she has gone beyond looking at the ceiling , she is going to do s full housing health and safety inspection and some of the concerns she raised are areas we have paid the Freeholder to do. Now the Freeholder has sold to another person I was wanting advice about how we stand and who is liable for further repairs to the building .

OK Thankyou, yes I did miss that point!

You will have to wait and see what the Council comes up with.

The wording of the lease will determine who is responsible between Leaseholder and Freeholder for any repairs, but even if it is Freeholder you will end up sharing the cost through the service charge.

If it turns out to be work you have paid for recently which was either not done or done inadequately then you may have a claim but I suspect it would be difficult to enforce.

marksoton

Amateur hour anyone?

Hoploz

Why would the freeholder be responsible for damage caused by a leak from your flat? If the joists are sodden then your leak has caused it and surely it would be covered under buildings insurance?