The flat above mine got bought by a buy-let investor in cash, apparently this is his one of many. I had sent a warning letter to all the estate agents that there were lot of things structurally wrong with the house and that the freeholder was absent for the last 15 years.I have mentioned to him that I have been getting quotes for various works that needs to be done and that in the absence of a freeholder, who would normally be responsible for these, that we would have to get them done and share the costs.Things that are in need of repair are, guttering, brick pointing and rising ground level damp (I have been told both the back and front of the house walls needs injecting and the damp course raised). His response was, I have just bought the flat and this should have been sorted out between yourself and the previous owner.Is this correct and if not, what are my options, bearing in mind that freeholder is absent.Thank you for your answer in advance.with kind regards.
Province/Country relating to question : London, Haringey
So far it is a discussion. But I would like some legal backup to argue the case.
Whats wrong with the structure?
Well, the back facade of the house, garden facing, has moved/shifted, upstairs I saw three parallel cracks of about 3mm each, and downstairs I have one by 5mm.
Whatever work needs doing is usually shared jointly between all the leaseholders. The leaseholders pay the freeholder and the freeholder does the work. In the absence of a freeholder then to a great extent, you're on your own. He is talking a load of rubbish about it being sorted out between you and the previous owner. He bought the property with its faults and knowing that he would be responsible for the cost of repairs.
If he simply won't do the repairs, then all the leaseholders are faced with doing them themselves and suing him for his proportion of the costs.
However, not all the repairs that you mention may be the responsibility of the freehold. Often the leaseholder is responsible for the floors to the depth of halfway down the joists and the ceilings halfway in the joists above.
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Thank you Mr Denning, that was very assuring. I thought this was the case and just wanted to make sure that I could make a legal stand if it ever gets to that point.
No worries.Please don't forget to rate my answer or the site keep your deposit and I get nought from my time.The thread does remain open.Thank you
PGD Law. 20 years legal profession, 6 as partner in High Street practice
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