Freeholder refusing to carry out repairs to the fabric of the building

[wiselandlord]

We have issues with our Freeholder: Waterglen Ltd and Managing Agents: Pier Management for a number of years. They have refused to carry out repairs to the building for over three years now, fobbing us off with section 20 notices which they have not followed through. The property is almost at the point of being uninhabitable and we see the only way forward is to issue Court Proceedings and would very much appreciate some advice.

No work what soever had been effected o the exterior of the property in the 13 years or so since they bought the Ground Rents. The Freeholder and Managing Agents had never visited the Property.

The main issue is the damage caused to the interior of the property. The ground floor flat has had water ingress over a sustained period of time though the exterior walls from broken and blocked guttering and a down soil stack that sprouts grossly when the toilet is flushed or the bath emptied etc. The plaster is blow and covered in mould to the kitchen and bedroom backing onto the stack. We have a Surveyors report confirming the source of damage as well as the opinion of The Leasehold Tribunal Surveyor.

 

Matters have come to standoff since the LVT and FTT ruled that the service charge percentage for each of the two flats is 1/5th. Meaning that the Freeholders can only reclaim 40%. Ironically this was only highlighted, considered and ruled upon during the first LVT action we took to consider the extortionate Buildings Insurance charges. Their application at both Trials to vary the lease was declined: Cases CHI/29UC/LIS/2012/0076 and CHI/29UC/LSC/2013/015.

 

The Freeholders representative did approach us to negotiate terms to vary the lease but has since ignored our emails asking for their proposals. No doubt they will make a claim to vary the lease and we have confirmed that we will make a claim for compensation of increased service charges.

 

In the meantime they refuse to carry out any repairs and the damage to the interior is worsening and causing health problem to one of the Leaseholders.

 

Could we ask for some advice on:

 

Issuing a Count Court claim for Breach of the covenant on the part of the Freeholder to keep the property in good order, the wording of a notice of intent letter and any other letter and procedures.

 

A counterclaim for Compensation in the no doubt forthcoming Lease Variation application.

 

Thank you

Edited September 22, 2014 by wiselandlord
corrting percentage and spelling mistake

[rebel11]

Hi wise

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

Thread moved to correct forum.

[raydetinu]

one for andydd! I think.

[ericsbrother]

What does your mortgage provider say about things so far?

If there are only 2 flats and you have both been there quite a while it might be worth trying to buy the freehold, the current freeholder may well agree to that rather than suffer losses at court.

[wiselandlord]

Sorry for delay in reply.

I don't have a Mortgage on my Flat. On both the LVT case and the FTT case our claim was upheld and the Freeholder undertook before both Courts to effect urgent repairs - to the source of water ingress - broken guttering, leaking down stack, missing grouting to brickwork etc. They also promised to give proposal to sell the Freehold to us but have ignored our rquests to buy it. Yesterday I got a copy of the Land registry and in May 2014 there is a charge on the Freehold land.