Freeholder responsible for costs after flooding?

Freeholder responsible for costs after flooding?

10:57 AM, 4th January 2023, About A year ago 5

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Hi, I moved into a block of leasehold flats last year and I’m reaching out for a neighbour but also for myself.

Several years ago there was some flooding in a room (considered to be a cleaning room, residents don’t have access to it – only the freeholder) which resulted in an adjacent front door of a flat that may need to be replaced >£1,500.

Now there is a bit of a dispute since:

a) the freeholder shifts the responsibility to the tenant who didn’t cause the flooding; b) it looks like all front doors (6 in total) may need to be replaced at the expense of the tenants so that all doors will be matching.

How do we resolve this and who is responsible?

PS The freeholder is also sending extra bills on top of the service charges while delivering very poor and inefficient maintenance.

Thank you,

Frank


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Comments

Ian Narbeth

11:36 AM, 4th January 2023, About A year ago

Frank
Contractual responsibility depends on the terms of the lease. However, the freeholder may well be responsible under the rule in Rylands v Fletcher. I suggest you and the other tenants see a solicitor who can advise and if necessary send a letter to the freeholder demanding that he pay for the damage.
It is not certain that the owners of undamaged doors can recover the cost of replacement just to match doors.
If the freeholder is providing a bad service, you should look into a Right to Manage company.

SCP

10:50 AM, 9th January 2023, About A year ago

The freeholder is merely a conduit.
He provides services as laid down in the Lease(s).
He recoups the same from the lessees or owners of the flats.
Ultimately, it is you who pay.
The freeholder does not pay out of his pocket.
Either it was an insurance claim, probably not pursued because of the excess, or it fell to be paid by the lessees.
The lessees would pay for any insurance excess, or to deal with the cost of remedial works due to flooding.

Crossed_Swords

11:12 AM, 9th January 2023, About A year ago

If the doors don't meet the new fire regulations they will need to be replaced anyway.

Ian Narbeth

12:02 PM, 9th January 2023, About A year ago

Reply to the comment left by SCP at 09/01/2023 - 10:50
"Ultimately, it is you who pay.
The freeholder does not pay out of his pocket."

That is not necessarily true. It depends. If water has escaped from a part of the property not demised to a lessee then the freeholder may be liable. The claim against the freeholder may be covered by buildings' insurance or, possibly, by the freeholder's liability insurance.

SCP

13:22 PM, 9th January 2023, About A year ago

Reply to the comment left by Ian Narbeth at 09/01/2023 - 12:02
You are, of course, correct in thinking about unusual circumstances.
You have mentioned the Rylands principle, which is tort.
We are most likely concerned with contractual liability.
Which freeholder will have leases drafted in such a manner that he becomes liable for repairs or other exigencies without any reimbursement from the lessees, if not covered by insurance?

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