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Nightmare Joint Freeholder
LondonEd
Posts: 2 Newbie
Hi,
I currently own a ground floor flat and a "share" of freehold with the upper flat. The upstairs flat continually leaks into our flat below causing damage, and despite repeated requests for pipes to be fixed, continues to leak. The tenants upstairs do not speak English, so I am unable to have a conversation with them. To make matters worse, the joint freeholder does not care about the condition of the flat.
What steps can I take to ensure repairs are completed, given I have already asked for something to be done multiple times and it hasn't?!
I have previously had to replace a ceiling due to leaks and the other freeholder refused to pay for this, despite the leaks coming from his flat due to negligence. Having spoken to him once on the phone (and been threatened), unfortunately this is not a normal person where reason and decency apply.
If court action was inevitable (I would obviously rather avoid this), can a joint freeholder prevent a sale of a flat out of spite?
Many thanks for any advice.
I currently own a ground floor flat and a "share" of freehold with the upper flat. The upstairs flat continually leaks into our flat below causing damage, and despite repeated requests for pipes to be fixed, continues to leak. The tenants upstairs do not speak English, so I am unable to have a conversation with them. To make matters worse, the joint freeholder does not care about the condition of the flat.
What steps can I take to ensure repairs are completed, given I have already asked for something to be done multiple times and it hasn't?!
I have previously had to replace a ceiling due to leaks and the other freeholder refused to pay for this, despite the leaks coming from his flat due to negligence. Having spoken to him once on the phone (and been threatened), unfortunately this is not a normal person where reason and decency apply.
If court action was inevitable (I would obviously rather avoid this), can a joint freeholder prevent a sale of a flat out of spite?
Many thanks for any advice.
0
Comments
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Go to small claims court.
My understanding is that if they are aware of the leaks (and you have evidence they are aware) they then become liable for future damage if not fixed.I am a Mortgage AdviserYou should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Legal cover on your house insurance? As a leaseholder he has a duty, what does your insurance say? In your lease does it allow entry to property for the purpose of inspection by freeholder?0
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Thanks all for comments so far. I thought when sharing a freehold I would at least have a say in things but it really is all or nothing in hindsight!
Insurance were willing to cover the cost of the replacement ceiling as part of a costs associated with sourcing the leaks, but the excess payment made it not worthwhile to pursue so it was paid by me.
Is small claims court expensive? Would the cost be paid by him if the court agreed with me?
My main concern is when I sell in a few years and he tries to block to sale somehow - is that possible as a joint freeholder?0 -
A person is not liable for damage to your property unless it was wilful or caused by their negligence. However, once you told them that they were causing ongoing damage to your property and they failed to act on it, it became negligent.
Small claims court is cheap, AND yes you can include the court fees in your claim.0 -
Also, any neighbour dispute will have to be declared when you come to sell.0
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