leasehold property maintainance problems

[sbward]

hello everyone.

 

Im hoping someone can help me....

 

I have a 1 bedroom flat that i rent out as a buy to let property.

since may 09 this property has been empty due to massive amounts of damp that have gradually got worse since i purchased it in 2004. i contacted the managing agents in july as whilst redecorating the property large sections of plaster started falling away from the walls.they eventually sent a surveyor in mid august after my many complaints.the surveyor stated it was a very serious damp problem,and one that had been previously found in many other flats in the block at the front elevation.he also stated this problem had been rectified in the other flats. I have contacted the managing agents on many occasions but have been ignored. i also contacted the surveyors for a copy of the report but they to have ignored my requests.when tenanted the flat is £500pcm,do i have a case at the small claims court for loss of earnings? also to add insult to injury the managing agents have instructed solicitors and taken me to court over unpaid maintainance,which i cannot afford whilst paying a mortgage for months on an empty property! to date the solicitors fee,s are over £700 and that doesnt include the maintanance charges on which they are adding 8% interest.

 

i would really appreciate any help or ideas on this matter as it is putting me under a lot of pressure!

 

Many thanks Stu

[maroondevo52]

Hi, Stu.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[andydd]

Hi..Firstly you need your lease in front of you, this is your contract between you and the landlord it will contain everything that can or cannot be charged for.

 

It will no doubt have covenents that you and your landlord must obey, for example it will prob say that your landlord must maintain the building, if this isnt done then your landlord may be in breach.

 

You may liken to investigate LVT courts, Lease Advisory Website and Landlord Zone site.

 

But most importantly have a good read through your lease and get a good understanding of it

 

Andy

[Jonnie Reclaim]

Hi, The block should be insured. Your MA must supply you with a copy of the insurance (by law) if you request it. Sounds like an insurance claim to me. J

[NewSAHD]

Hi, a quickly typed reply as going to be out for awhile now, will try to edit later.

On first look I believe there are several issues here and they are not necessarily mutually exclusive .

 

1. Arrears

Please can you advise the amount you owe?

 

What is the period to which the arrears relates, ie how many months/ quarters / years.

 

£700 in solicitors fees seems a lot, do you know what this comprises? Agent's admin fees, for instance?

 

Send me a PM if you prefer.

 

Will come back to the legalities of what has been charged and how later, as this may assist you too.

 

The bad news for you, however, is that in broad terms you have an obligation through your lease (which needs to be checked) to pay Service Charges, Ground Rent (possibly), Insurance premiums and so on.

 

As a buy to let landlord of a flat you may also find you will get less sympathy to your circumstances from the Agent / Freeholder than if you were an owner occupier. I mention this only from first hand experience of Agents (large and small) over the years.

 

If you have not let on yet to the Agent / Freeholder that you can't pay then don't let on for now.

 

Instead, please can you first let us know more about the damp / leak.

 

2. Leak

It's not clear from your post what's causing the damp problem.

 

Fully appreciate you've not been provided with the Surveyors report yet, of course, but has anyone indicated whether it is the roof, gutters, front facade etc?

 

They are ignoring your requests for the Surveyors report, so if they refuse to supply a copy, or confirm the contents, you will need to consider commissioning your own report. Having formally advised the Agent / Freeholder well in advance. Come back to this point later, as you also need to set it up so that you can, perhaps, recover the cost too.

 

You say other flats have had the issue; what was done, in practical terms, to resolve their problems i.e. partial re-roof / temporary repair / a tarpaulin etc?

 

Are you in touch with these other flat owners? A polite word with a neighbour may bring about information which could help.

 

Are Major Works planned for the building i.e. has the Agent said when they anticipate roof renewal at any time in the (near) future?

 

If you suspect a roof leak as causing the damp, what type of roof is it, flat, pitched, mansard etc? What floor is your flat on? Is the area above easily accessible?

 

If you are not already doing so you need to document this by way of photographs, both inside and out.

 

If you wish you are welcome to PM the photos to me (and I'm sure anyone who else who offers too) and will gladly offer what assistance I can.

 

3. Insurance

Jonnie reclaim is right about the need for the Freeholder/Agent to supply you with a copy of the Insurance Claim.

 

HOWEVER, be cautious as to how you deal with this.

 

If the problem has been ongoing for some time the Insurers themselves may repudiate the claim. So, whilst you must be honest in your dealings with the Insurers think about how you deal with / phrase your Insurance claim.

 

Yes, there is an argument that if the Insurers dismiss the claim you could look to the Freeholder / Agent, but, even if you were successful, this is yet more time / money.

 

At this stage you need to see

 

- the roof repaired

- the damage done internally made good,

- get the flat relet, as well as

- a way to pay the monies owed (as it's only hurting the block itself when you don't pay) and

- a way to ''negotiate'' on the costs/fees already incurred, if you can, AND

- to try and stop any further proceedings against you, if you can.

 

Sorry if that sounds obvious, but it's helpful to me, at least, to break it down in this way!

 

4. Counter Claim

Have you sought professional advice yet? If not, why not?

 

Yes, I know money is tight, but as a professional landlord who do you usually speak with and what have they said so far? Don't worry, not being judgmental here, just want to assist.

 

Whilst you have to consider a counter claim, obviously, and I'm not suggesting you don't, just try and break the problem(s) down so that you can get the Agent / Freeholder to carry out their obligation to repair and - who knows, you may find the solicitors fees reduced/removed. No promises on this mind.

 

Please can you confirm how you have documented your chasing of the Agent / Freeholder. Email? Calls? Letters?

 

Think about what you need to happen here, which is to have the roof repaired sometime soon (for which you will inevitably pay your percentage of costs through the Service Charge or via s20 Works, a whole other topic) and also an Insurance claim to make good the damage done internally.

 

Bear in mind too that, so far, it sounds like you have not contributed to the very Service Charge / Insurance premiums from which you now need to see used to help resolve this.

 

Sorry if this sounds harsh, but you need to work with the Agent, if you can, and mitigate the damage being done; this is both in terms of your working relationship with them (£700 still sounds like a lot of fees for a "simple" arrears case) but, more importantly, in getting the flat habitable again and re-let - especially as the flat is not going to be re-let anytime soon at the present rate.

 

Post again with answers to the questions above, send me a PM if you wish with the photos and anyone who else who offers too (I undertake not to distribute / use them in any way other than to directly assist you etc etc).

 

Hope this assists, for now. I am sure you will receive helpful pointers elsewhere at CAG too.

 

Good luck.

Edited November 26, 2009 by NewSAHD
Tiny edits; I've asked too many Q's, but have left the original post as it was, just to see if it will help move matters on

[sbward]

Thankyou for your swift replies.

 

My flat is a top 3rd floor frontal apartment above shops, with two large bay windows in the lounge and bedroom.The roof structure is a pitched tiled roof forming a loft that i have,the bay windows however are flat roofed with a 2ft wall around them.As for the other flats not all have bay windows and having spoken to the tenant of the next door who has a simple flat frontage,he explained to me that he had water and mould dripping from in and around the windows/lintels.im yet to speak with his landlord,but the tenant told me he was waiting over 12months for the work to be done.The problem was sorted around 8months ago,it involved large amounts of scaffolding on the front facade, being shot blasted and re rendered.roof work was also undertaken...most noteabley the tops of the walls were leaded at their highest point(roof).when speaking to the surveyor he did point out to the managing agents that all flats should be done at the same time as it was his company that carried out the remedial works.as for maintainance arrears this has been an on going thing unfortunatley i have other property that iam able to just keep up with all payments as they are allways tenanted.This flat is the ugly duckling and my yeild is only around 3% even when tenanted.As for solicitors fees they add up to a few thousand over the years due to constant letters and court action/charges/writ of fifa etc etc.i have just paid off last years maintainance £2000@ £250pcm but with bailiff fees further solicitors fees interest etc it put me behind with this years maintainance,so further court action and another £2000+ im currently paying it off at £170pcm,and guess what will happen again next year when ive paid that lot off:evil: I WOULD LOVE TO SELL IT BUT CANT DUE TO THE CONDITION:confused: As for legal advice i havent had any as im only to well aware of their fees! Thats why im here i know theres a lot of very clever and helpfull people here to help me

 

Thankyou so much for all your time your help and advice is truly appreciated

 

STU

[NewSAHD]

Hi, quick reply now, as getting kids stuff ready for the morning .

 

a) How far advanced are you with action against you, what dates/deadlines do you have?

 

b) Please can you let me know how/when you have contacted the Agent/Surveyor about the damp.

 

Have you put anything in writing?

 

c) If so, would you be willing to copy edited versions here - with names/addresses etc removed? PM me if you prefer.

 

d) I'm guessing that the flat roof is shot and the water leaks in to the lounge and bedroom, does that sound about right?

 

e) A Surveyor has been up, produced a report (for which you are likely to be billed through the Service Charge, of course!) so you need to see a copy.

 

Again, have you requested this in writing?

 

f) As for access to the roof, could you get up there with a cherry picker and avoid a scaffold?

 

If so, could you get a quote from a local company? This 'should' be for the Agent to think of though, if they haven't already, and so I'd hope they'd considered this. You should ask this question in due course. I'm thinking that the cost of scaffolding may be greater than the cost of repair, so if you push for a cherry picker you may find the job done more quickly.

 

g) I also need to know how many flats in your building and the % liability for costs in your lease, as there are strict limits on expenditure and timescales to work to, before an Agent can undertake works (the s20 to which I referred earlier).

 

h) Could you scan copies of the demands you have received? Or PM me if you prefer.

 

The original demands have to be in a prescribed format and could be invalid. Seen that before, even with large firms who should know better. Remote chance that this may buy you a little time and help reduce/remove fees.

 

i) Am I correct in thinking that it is only now, at the end of 2009, that you are paying (by installments, following action) the charges for 2009?

 

You say that "Thats why im here i know theres a lot of very clever and helpfull people here to help me " and I'm biting my tongue here a bit ; I won't pretend to be clever, you can be the judge of that, but do try to be helpful - so forgive me saying all this does hurt the management of your block, so time to help correct that too . Everyone benefits then, perhaps, including at time of sale!

 

j) As I said, a quick reply now, so one last question - have you specifically advised the Agent that the flat is unlettable at present too, due to the damp / leaks?

 

I need to go back through my post (!) and yours, but that'll do for starters.

 

If you around now and can answer these for me I will then check back in a little while, as out for much of tomorrow.

 

Again, hope that helps.

Edited November 27, 2009 by NewSAHD
due to the late hour :)

[NewSAHD]

...forgive me saying all this does hurt the management of your block, so time to help correct that too . Everyone benefits then, perhaps, including at time of sale!

 

2nd edit

 

What I meant to say was that you'll probably appreciate that should a sale crop up you will be asked about any disputes/problems. Do you really want to tell a prospective purchaser about ''your dreadful Agent" and/or disrepair and possibly kill the sale?

 

Better to say, about disputes, perhaps, is that a) you had arrears / a cashflow issue at the time, but since sorted and at the same time b) you had a problem with damp, but the Agent sorted a water leak and there's be no re-occurance. Or something to that effect. So long as it's true, of course.

[sbward]

Hiya,

 

Unfortunately almost all my interaction with the agents and surveyor has been verbal,the thing that frustrates me the most is there attitude to any of my suggestions to resolve the payment issues. i honestly could have paid all the arrears 2years ago had they let me pay them directly,instead they instruct solicitors,baliffs and take me to court at every opportunity,its got to the stage i dont even know what i owe them.On the rare occasion they reply to my calls they told me i owe £1100(start of nov)then i get a county court judgement for £1418.83 plus £200 costs( £1620) so i called again to check why it was much more and they tell me with solicitors fees its actually £2200! this is such a [problem],its no wonder they dont want to resolve it.The other problem i have is the property is on the south coast,and they and their solicitors and their court are all 350miles away in sunny bradford.When i get chance i will get all my paper work together(mostly solicitors bills)and post them up.I know i should be more on top of this but property was just something i invested some money in after the sale of my business....and as you can see it is not my specialist subject! to answer the question of size of the block im pretty sure theres 10 flats and 6 shops.im going to sell my car and clear the arrears,but then i will be looking into action of my own......what are your thoughts?i know im behind on payments but if the flat was habitable,making the payments would far easier. And just for another kick square in the batteries! i got a letter from my lender telling me that my 3 year [email protected]%:)above base rate ends next month:evil: and a letter from the c.s.a telling me my discount for having my kids 3 nights a week is being reduced:evil: Dark times...Please tell me i can counter claim and sue them for about a trillion? (everythings there fault)

 

Many thanks i look forward to hearing from you , Stu

[andydd]

Hiya,

 

Unfortunately almost all my interaction with the agents and surveyor has been verbal,the thing that frustrates me the most is there attitude to any of my suggestions to resolve the payment issues. i honestly could have paid all the arrears 2years ago had they let me pay them directly,instead they instruct solicitors,baliffs and take me to court at every opportunity,its got to the stage i dont even know what i owe them.On the rare occasion they reply to my calls they told me i owe £1100(start of nov)then i get a county court judgement for £1418.83 plus £200 costs( £1620) so i called again to check why it was much more and they tell me with solicitors fees its actually £2200! this is such a [problem],its no wonder they dont want to resolve it.The other problem i have is the property is on the south coast,and they and their solicitors and their court are all 350miles away in sunny bradford.When i get chance i will get all my paper work together(mostly solicitors bills)and post them up.I know i should be more on top of this but property was just something i invested some money in after the sale of my business....and as you can see it is not my specialist subject! to answer the question of size of the block im pretty sure theres 10 flats and 6 shops.im going to sell my car and clear the arrears,but then i will be looking into action of my own......what are your thoughts?i know im behind on p

iayments but if the flat was habitable,making the payments would far easier. And just for another kick square in the batteries! i got a letter from my lender telling me that my 3 year [email protected]%:)above base rate ends next month:evil: and a letter from the c.s.a telling me my discount for having my kids 3 nights a week is being reduced:evil: Dark times...Please tell me i can counter claim and sue them for about a trillion? (everythings there fault)

 

Many thanks i look forward to hearing from you , Stu

 

Tell us about the ccj, did you go to court ? . It should of been passed to a LVT, this would of been your chance to question the charges, amounts and everything to do with leasehold properties. It would also have been possible to ask the court to disallow any added on legal fees, this is called a 20c order.

 

Andy