UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
Thanks for your question. Please kindly RATE my answer when you are satisfied
Is the area in question demised to you under your lease please to your knowledge or is it and area for which the landlord is responsible for?
I believe the landlord is responsible for the area in question.
Thanks. Was the issue of the damage raised with the previous owner during the conveyancing please?
No, it was not raised with the previous owner.
This is the first time I found out about the damage, ie after it was repaired by the landlord
Thanks. On that basis unfortunately there is no redress in respect of the previous owner I regret as caveat emptor applies to property purchases subject to a caveat. The standard conditions of sale provide that if service charges are payable in respect of a period during which the previous owner owned the property then the previous owner is liable for the same. Your solicitor will be able to raise this with the sellers solicitor if this is the case.
In addition if the landlord carries out any works to the property are to exceed £250 / tenant the landlord must serve something called a s20 notice detailing exactly what the works proposed are and then follow this by a consultation process whereby quotes are obtained and submitted to the tenants allowing them the opportunity to make comments and for example submit alternative quotes. If the landlord fails to follow the above procedure, he may be limited to £250 / tenant for the works.
But they are claiming this is outside section 20 as it is a breach of lease by the leaseholder and not part of routine maintenance?
If however the works were required because of damage caused to the property and this is either accepted or self evident then the landlord may be able to claim against the individual that caused the damage or under a breach of covenant under the lease.
Thanks, XXXXX XXXXX looks like I don't have any redress.
Sorry you beat me to the above.
Do you know what caused the damage?
many thanks indeed. At least I know my position!
yes, a new boiler was installed by the previous owner and damage caused by poor workmanship.
Thanks. Did you have a survey carried out?
yes only a basic one though.
A homebuyers report or a valuation survey carried out by your lender?
Sorry do you know which one? A homebuyers report or a valuation survey carried out by your lender?
oh sorry, valuation survey I believe
just stepping out for 30 mins or so>>>will be back later
Unfortunately only your lender will be able to rely on this legally which is disappointing.
Regrettably caveat emptor applies and there is no redress available against the previous owner.
If you can dispute that damage was caused then you may have a defence against the landlord.
If you accept that damage has been caused by the previous owner the landlord would appear to have a claim against you I regret.
I am sorry the above cannot be more positive.
Is there anything above I can clarify for you?
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).