Disappeared Downstairs Neighbour

Jenny_Han

ManofLeisure wrote: »

Are you ''absolutely'' certain that he isn't actually in the flat at the moment (bid morbid I know). He sounds a bit of an enigma, so keeping tabs on whether he's away living abroad or actually at his flat would probably be difficult - hence the question. What made me think along these lines was your reference to the place stinking. The place might ''always'' stink of course. Anyway, just a thought.

Thank you for sharing your thoughts. Oh no, he definitely isn't in the flat. Though I don't like him, still don't want anything horrible happening to him. The flat has been stink for years. Even when he is back, he only stays for a few nights. He is usually out all day, comes back late night drunk. He is harmless but irresponsible.

Jenny_Han

xylophone wrote: »

You share the freehold and responsibility for repairing the roof/common parts?

Is there also a lease?

What are your legal obligations to each other?

have you taken the advice of a solicitor?

Hi Xylophone, that's great thinking. Sorry, I should have been more specific. The broken roof is the roof of his kitchen. As it's an old house, the lease document wasn't done properly. Our solicitor suggested us to re-write the lease to make our obligations clearer. The thing is we can't find him. Even we catch him for a second, he will not communicate as always. The revised lease doesn't come cheaply. Need to talk to him sensibly before we splash out on the new lease.

Jenny_Han

lincroft1710 wrote: »

Even if you could contact him, he would probably just ignore you.

There is a scenario in which a council may take possession of a property if the owner is absent and it is falling into disrepair.

Thank you for the advice. I am not sure where to draw the line. I assume he still pays his council tax. When we reported our concern about various issues, the council basically told us that nothing they can do. They can't enter private property without permission. He is still the legal owner.

G_M

Even if you draw up a new lease you can't make him agree to it if he is absent or simply does not want to.

He has a current valid lease (I assume). It can only be changed by mutual consent.

You say "the lease document wasn't done properly." but what does this mean? Not properly drawn up and legally binding? Or binding but silent on critical areas?
Does the lease specify who insures? Or is it vague? Or silent?

The lease is obviously the critical document here - it's the foundaion of his right to live there, but also the foundation of his legal responsibilities.
So what does it say?