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The flat above mine got bought by a buy-let investor in cash,

 
Law Denning's Avatar
  • Answered by:Law Denning
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Customer Question

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.

 

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Province/Country relating to question : London, Haringey

Already Tried:
So far it is a discussion. But I would like some legal backup to argue the case.

Submitted: 287 days and 22 hours ago.
Category: UK Property Law
Value: £18
Status: CLOSED
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Expert:  Law Denning replied 287 days and 22 hours ago.

Whats wrong with the structure?

Customer replied 287 days and 22 hours ago.

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.


The floor boards were mostly loose, now they are exposed but a lot of them have gaping holes or missing chunks of them.


My front room ceiling has evidence of sagging: I have three cracks that goes from centre of the ceiling to 3 corners of the room, the cracks are also on the thick solid plaster coving as well. The plaster is the old type not the new plaster boarding


Non existent sound proofing: between these poor flooring the only existing layers are underlay, carpet and my plaster board ceiling. This goes for all the other rooms in the house.


There is severe rising damp which started about 2 years ago and this summer I would like to redress that.


The roof has one corner crumbling, skirting board is sagging down and when it rains, the water runs down the walls. Due to the acrimonious relationship I had with the previous buy to let owner, who indiscriminately kept renting the flat to ASB tenants, did not manage to get it fixed.


I think this is more or less the extent of it.


Thank you.

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Expert:  Law Denning replied 287 days and 21 hours ago.

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.

Can I help further? Please don't forget to positively rate my answer, (even if it isn't what you wanted to hear), and I will follow up any points you raise for free.
If you don't rate it positively then the site keep your deposit and I get 0 for my time.

 

L

Customer replied 287 days and 19 hours ago.

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.

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Expert:  Law Denning replied 287 days and 19 hours ago.

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

Expert TypeSolicitor
Category: UK Property Law
Pos. Feedback: 96.8 %
Accepts: 1980
Answered: 7/4/2012

Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice

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