I have a grade 2 listed flat my lease is 999years the freeholder does not adhere to the lease .The lease states that the exterior must be maintained every seven years,the last time work was carried out was 1987.The freeholder is now considering to do work on the house.After all these years the building is in a dreadful state Over the years I have written to him,no success.I am expected to pay a third of the cost,which I have no problem as is stated in the lease.However the cost of the repairs now will be far higher .My question is,will I still be expected to pay my third of the cost when it his negligence on not keeping up the maintenance.
Province/Country relating to question : Isle of Wight
Hello. If you have any questions following my answer, please let me know and I will be happy to assist further.
Yes, the landlord is in breach of his obligations. You can ask a leasehold valuation tribunal to assess whether the negligence has had an adverse effect on the cost of the repairs and they may impose a heavier burden on the landlord, but this may be costly and a long drawn out process. It is however possible.
If the landlord thinks that the repairs are going to cost more than £250 per flat, he must follow a statutory procedure called section 20 procedure. If he does not, then you do not have to pay more than £250 towards the works and he would end up being liable for a huge sum in any event.
BSC (hons) 14 years experience in property
What is the section 20 Statutory procedure that the landlord has to follow? Does it make any difference that he is a resident in France?
,STATUTORY PROCEDURE CALLED SECTION 20 PROCEDURE.WHAT IS THIS?
This is where the landlord must serve a notice giving you information about the works and the anticipated cost and gives you a chance to nominate a contractor.
You have 2 months to reply.
There are further procedures, but this it the first step and applies regardless of the residence of the landlord.
Hello Claire,you mentioned going to a leasehold valuation tribunal where the landlord has been negligent,but this may be costly.Does this mean the lease is unenforcable without spending a lot of money?
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