What would you do - Freeholder not fixing skylight to proper standard

[rossyl]

Hi,

Really appreciate your advice on how to deal with this situation.

So I own a flat. I'm a leaseholder. The freeholder is in charge of the external walls and roof. This includes the skylight, and there is no debate over that. He is under a duty to keep it in a good state of repair, and also make good any damage caused by repair.

It is a 3 flat converted Victorian house. The freeholder lives in one of these flats. So he is a neighbour as well.

The skylight has been leaking and has caused damage to the wood surrounding it.

It took the freeholder some 3 weeks to attend to this. He called someone round to fix it whilst I was on holiday. I returned to find dirt all over the carpet, and a broken light. The light was cheap, so I could deal with that.

However, the leak was still present. The freeholder called back the roofer, who has now fixed the leak but has left the glass in a mess. There is sealant all over it and it looks terrible. This adds injury to insult as the skylight looked awful before this, it has two metal bars running down the length of it - both have rusted and the paint is flaking off, it is also extremely dirty.

Before the roofer came out the second time I specifically asked for the roofer to wire bruish the glass. The Freeholder did not pass on this message, I asked him if this had ben done and he responded "no, no, they won't do that, he's just a roofer, he'll just sort it out".

The damage caused by the leaking window the freeholder also frequently says "if YOU get a ladder and a scaffold board you should be able to get there and paint it", or, "YOU can probably get someone up there to fix it". Never has he accepted liability.

The freeholder has, however, just had the whole of the front of the house painted. This includes the windows for his and the other leaseholders flat. I have no windows at the front, so mine were not done in this process. I cost will be split three ways, and so I will end up paying for maintenance to their windows. I do believe that the freeholder can split the cost for maintaining the property. For example, the costs to fit my skylight should be split between the three flats.

I'm intending to live there for at least another 3 years. I don't want to be in a constant argument with the freeholder. Especially as I am about to start building work, so will want to use the communal areas a bit more than i should. Also all the residents get on, and take deliveries for each other when people aren't in. For example, the freehodler was willing to take delivery of a bed for me.

So what's best to deal with this?

I have thought i might obtain a quote from my builder who is about to start work? Or obtaining seperate quotes and just letting him know I'm going to have the work done and I expect the cost of this to be split three ways.

Any ideas appreciated...

Cheers,
R

 

[Bellow]

Private Rented Housing Panel advise and adjudicate on this type of thing in Scotland for rented properties, with power enough to enforce statutory repair enforcement orders backed by criminal law.
You might want to try and find similar in England and make them your first port of call.

 

[carnut]

I'm afraid its all in the lease. Its not unusual for costs to be split evenly even though not, in your case, fairly

I doubt you can do anything about it and if you pay yourself for the work get the leaseholders permission in writing as he could actualy make you restore it to its original, poor, condition ( it stops tenants painting to their "taste")

 

[jdrrco]

as above, each lease is different

if it was me, i would get a quote for the work and if it's not too much, just get it done myself

after all, you're the one who's being inconvenienced more by it remaining as it is

by paying for it yourself, you will still get on with the freeholder and keep the good relations in the building, which is worth far more in the long run and you will also hold the moral high ground when something more expensive crops up in future, as it undoubtedly will

once it's done, the freeholder may even feel a bit guilty and offer to chip in

the legal route will cost you more in money, hassle and consequent ill-will, all just for the sake of knowing your rights were upheld

 

[rossyl]

Thanks all. First to note, is that I am the owner - which has confused some people. I have a 100 year lease. However, I own the leashold, my flat, not the freehold, the surrounding building and communal areas. The same will be true of nearly every flat - unless you have a share of the freehold.

I have read the lease and for reapirs to the freehold property - it is the responsibiltity of the freeholder - but then all leaseholders must pay.

as above, each lease is different

if it was me, i would get a quote for the work and if it's not too much, just get it done myself

after all, you're the one who's being inconvenienced more by it remaining as it is

by paying for it yourself, you will still get on with the freeholder and keep the good relations in the building, which is worth far more in the long run and you will also hold the moral high ground when something more expensive crops up in future, as it undoubtedly will

once it's done, the freeholder may even feel a bit guilty and offer to chip in

the legal route will cost you more in money, hassle and consequent ill-will, all just for the sake of knowing your rights were upheld

I reckon costs will be £300-400


Thanks all. I wouldn't go the leghal route, as that would be a tad ridiculous.

I was thinking more along the lines of
1. Do I just pay myself.
2. Do I get some quotes and tell him how much it will cost/guage his reaction.
3. Get some quotes, write a letter, and tell him either he does it, or I will do it at X cost which i will seek form him and the other leaseholder.

Thoughts? Cheers.

 

[Will]

For £300/400, I'd just pay it

Swings and roundabouts - and as you've got your own building work coming up soon it isn't worth making noises about it, IMHO

Will

 

[rossyl]

For £300/400, I'd just pay it

Swings and roundabouts - and as you've got your own building work coming up soon it isn't worth making noises about it, IMHO

Will

True, but i am allowed to harbour the thought that the freeholder is a complete...unmentionable.

 

[jdrrco]

True, but i am allowed to harbour the thought that the freeholder is a complete...unmentionable.

yes, just keep it to yourself - he's still your neighbour too!

"If your enemy is hungry, give him food to eat;
if he is thirsty, give him water to drink.
In doing this, you will heap burning coals on his head,
and the Lord will reward you."

...the wisdom of Solomon - literally! Proverbs 25

 

[rossyl]

yes, just keep it to yourself - he's still your neighbour too!

"If your enemy is hungry, give him food to eat;
if he is thirsty, give him water to drink.
In doing this, you will heap burning coals on his head,
and the Lord will reward you."

...the wisdom of Solomon - literally! Proverbs 25

Accepted - or hw could just do what he is legally obliged to!

Here's my plan of action

Given that most roofers balk at the thought of getting onto our without scaffold, and the guy the Freeholder got is happy to do it with a ladder - I'll ask the Freeholder for his number and get a quote for him to sort the outside.

The inside I'll get my builder to sort.




...I'll also buy some hot coals...