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#Post#: 31391--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 27, 2024, 10:55 am
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[quote author=mickR link=topic=2640.msg31385#msg31385
date=1722091626]
they are trying to say you have some kind of repairing lease??
very unusual in private letting I would have thought.
[/quote]
No, as much as I understand, they are saying that the damage to
the flat below mine, happened due to negligence on my part of
not adequately maintaining my Shower Base Seals.
So as per their reading of the lease I am 100% liable to "make
good" the damage. For this they are insisting to use their
"vetted" and "reputable" workers and asking me to pay the bills.
My questions to the forum are two:
1) Am I even liable for this legally?
2) Irrespective of the above answer, can they really force me to
use their expensive vendor for no good reasons?
I am happy to share my 102 page lease (I have ran OCR on the PDF
so it is a searchable PDF), please advise how. I am not even
sure if is it a "confidential" document, please advise if I
shouldn't share.
Also, they have only quoted the clause which I already shared
while claiming the cost, does that mean that rest of the lease
isn't applicable? any specific parts I can or should share here?
#Post#: 31407--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: mickR Date: July 27, 2024, 5:07 pm
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hmm sounds like a repairing lease to me otherwise it wouldn't be
your responsibility to maintain anything. a faulty seal would be
the landlords responsibility unless it's damaged by your
negligence. or... they are trying it on.
strange on a residential lease imo
#Post#: 31409--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: kno Date: July 27, 2024, 5:35 pm
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You can keep the full lease in a google drive, and share the
link here. Just hide the address, and your name. Make sure its'
set to public, else it wont work for us.
#Post#: 31412--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 27, 2024, 7:30 pm
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Was able to remove some pages and redact TGL number. Uploaded 96
page PDF here:
HTML https://drive.google.com/file/d/1mCthKn6rpXog0mxcfjmfs6YlwuRPp922/view<br
/>
Ctril+F works nicely so hopefully should be quick to browse for
experts here. Please advise.
#Post#: 31490--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 29, 2024, 2:20 am
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[quote author=8vaibhav link=topic=2640.msg31391#msg31391
date=1722095756]
[quote author=mickR link=topic=2640.msg31385#msg31385
date=1722091626]
they are trying to say you have some kind of repairing lease??
very unusual in private letting I would have thought.
[/quote]
can they really force me to use their expensive vendor
[/quote]
I am thinking to reply telling them to contact my recommended
vendors OR pay for the difference between two quotes?
I don't think they intend to litigate and I also don't want to
stretch this.
any ideas/suggestions?
#Post#: 31503--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: slapdash Date: July 29, 2024, 3:35 am
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To be honest £384 to properly repaint a light water damaged
ceiling doesn't seem particularly unreasonable. Blocking water
damage from coming through again requires a barrier coat and the
entire ceiling will need doing. An issue is the time taken
between coats extending the length of time. It will very likely
be a full day, and comparatively expensive materials.
Of course you can just cover it but blending and matching will
be difficult and it will only really be a stop gap.
#Post#: 31542--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 29, 2024, 8:39 am
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[quote author=slapdash link=topic=2640.msg31503#msg31503
date=1722242134]
To be honest £384 to properly repaint a light water damaged
ceiling doesn't seem particularly unreasonable. Blocking water
damage from coming through again requires a barrier coat and the
entire ceiling will need doing. An issue is the time taken
between coats extending the length of time. It will very likely
be a full day, and comparatively expensive materials.
Of course you can just cover it but blending and matching will
be difficult and it will only really be a stop gap.
[/quote]
I have strong doubts that we will be doing any work to secure
barrier etc., I will try to confirm. My understanding was that
they are simply going to be mending cosmetically, as the water
(leak source now fixed) has left some visible marks/scuffs on
the ceiling.
Am I legally liable/what's the norm in these cases is of course
a question I have as well..
#Post#: 31544--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: kno Date: July 29, 2024, 8:43 am
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Can you also reach out to the solicitor whom you enagaged while
you bought the flat?
As you paid for their service, and the contract was legally
validated by them, they may be able to give some guidance.
#Post#: 31563--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: 8vaibhav Date: July 29, 2024, 11:48 am
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[quote author=kno link=topic=2640.msg31544#msg31544
date=1722260627]
Can you also reach out to the solicitor whom you enagaged while
you bought the flat?
As you paid for their service, and the contract was legally
validated by them, they may be able to give some guidance.
[/quote]
Didn't think of that at all. Thanks.
No harm is asking I suppose, been a while though.
#Post#: 31565--------------------------------------------------
Re: Leaseholder asked to pay for damages to flat below
By: mickR Date: July 29, 2024, 1:03 pm
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I would suggest if you did use a solicitor to act on your behalf
when entering into the lease contract then said solicitor shoukd
have made it abundantly clear what type of lease it was. to be
liable for any repairs would in my view have been a significant
point to inform you of.
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