Leaseholder issues with freeholder?

Leaseholder issues with freeholder?

9:21 AM, 30th June 2023, About 10 months ago 14

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Hello, I am the leaseholder and I am having issues with the freeholder who rents out the flat above. The tenants are noisy because of the wooden floors and there have been two leaks which have caused damage to my flat downstairs. The freeholder pays a letting agent to manage the property upstairs.

In terms of the lease, the freeholder must pay the house insurance. When I moved into the property I contacted them about the insurance and they never got back to me so I have paid the house buildings insurance for 4 years even though it states in the lease that they should pay it.

They have not repaired any of the leak damage and after saying they would install carpets they have not done anything to the property.
I have also had to contact the insurance company as we have movement in the corner of the house and they will have to pay for the excess but I am not sure they ever will!

I am not sure what to do. I have maintained the property and cleaned the communal porch area and front garden and painted the outside of the house with no support from the freeholder.

I am looking for some advice please,

Sarah


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Comments

Judith Wordsworth

11:09 AM, 30th June 2023, About 10 months ago

When you purchased the property your solicitor would be sent the current insurance policy in place at that time. Did your solicitor not tell you who it was? They would have had to provide this to your mortgage lender.

Ask your solicitor and then contact the insurance company they had policy details of and see if they are also insuring the property. If they are, and you are, it will be a bl**dy nightmare for any claims.

If you are insuring the building and have signs of subsidence you will be paying the excess, usually around £1000. Might be able to get the freeholder to pay it but only if they aren’t insuring too as you should have used that insurance company for your claim.

I presume you have asked the letting agent.
Unless the lease stipulates carpeting the upstairs leaseholder, who may also be the freeholder, does not need to legally.

Ray

18:35 PM, 30th June 2023, About 10 months ago

I am not an expert but I don’t think you can insure the building if you don’t own the freehold.

Wyn Burgess

7:28 AM, 1st July 2023, About 10 months ago

You need to seek legal advice on the noise, it should be possible to take action as there will be a real or implied requirement for you to have quiet enjoyment of your flat. There is a huge reduction in impact (as well as airborne) sound transmision with carpet on timber floors.

SL

9:37 AM, 1st July 2023, About 10 months ago

Reply to the comment left by Judith Wordsworth at 30/06/2023 - 11:09
Hi Judith thank you. I have contacted the freeholder and he is not paying the buildings insurance..I will.contact the solicitor about it as I have been through my paperwork and don't have a record of them showing me this paperwork. The situation is a nightmare.

SL

9:39 AM, 1st July 2023, About 10 months ago

Reply to the comment left by Wyn Burgess at 01/07/2023 - 07:28
The lease does not state quiet enjoyment at all. I have contacted the neighbours and spoke to them, bought them a rug but thr freeholder does not want to pay out for a new carpet. It took 3 months to sort the leak in the bathroom upstairs.

David Houghton

10:17 AM, 1st July 2023, About 10 months ago

If there's double insurance they each pay out 1/3 of the claim. So take that into account

SCP

15:39 PM, 1st July 2023, About 10 months ago

Reply to the comment left by Wyn Burgess at 01/07/2023 - 07:28
Hi
"Quiet enjoyment" does not refer to noise.
When your Landlord promises quiet enjoyment, he means, for example, his mortgagee will not bother you.
I am deliberately not using any legalese, just simple English.

Puzzler

18:13 PM, 1st July 2023, About 10 months ago

The freeholder must get the insurance but the leaseholders contribute, what does it say in the lease?

You can insure a property without owning the freehold

Are you insuring their flat as well then?

Is this a two flat house?

SL

18:32 PM, 1st July 2023, About 10 months ago

Thanks to puzzler and scp

He certainly is having quiet enjoyment whereas I am not.

I did not have a problem insuring the property. I am insuring the building bur not their flat upstairsfor the inside. I have been very naive with the insurance as when I first asked about it he didn't come back to me so I insured everything as he did not rwspnd to my messages and I was worried about not being insured..

SL

13:55 PM, 2nd July 2023, About 10 months ago

Reply to the comment left by David Houghton at 01/07/2023 - 10:17
Rhank you for this..

I am.jsut nott sure how to go about making sure the freeholder is doing what they should..

Any ideas about the damage to my flat and gow to proceed???

Thanks

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