Homeowner Legal Advice

[Uzoma]

My mum is a leaseholder/owner of her flat. The person that lives above her is a tenant.
There are constant leaks from the above flat and although my mum’s insurer will cover my mum’s repairs, the root cause will still persist and the landlord does not want to address it.
My mum’s solicitor has written numerous letters to the landlord (of the above tenant) and the landlord avoids all contact with my mum.
Now my mum is at her wits end and it seems that even legally she is helpless. I’m sure that she must have some form of legal strength to force the landlord to address the situation but I don’t know what or how?
Advice will be gratefully received.

[boxtops]

What does it say in your mum's leasehold document, about the responsibilities of the individual flat owners? It may be that the landlord of the flat above is trying to fob off the responsibility to the tenant (e.g. it may be carelessness rather than leaky pipework). Do you know what's causing the leak? The landlord SHOULD have landlords' insurance which would cover this sort of eventuality.

Someone owns the building, owns the lease - it's time, IMO, to escalate this to them.

What does your mum's solicitor advise? they should be telling her the next step, not leaving it to your mum!

[Mamyalynne]

Get Mum to check her Insurance policy, many have free access to a legal helpline built in now - it will be something they have come across before.

[Uzoma]

Hi Mamyalynne - she's already using her free legal helpline and apart from writing letters to the landlord, there's nothing much else that they're doing. Apparently they can try to get court to force entry but they said it will take a long time to get permission.

Hi Boxtops - you're right that they're *SHOULD* be landlord's insurance. However, I don't know think that she can legally enforce the landlord to claim on it. I'd love to escalate the problem - if you can tell me who or where I'd be happy to get that ball rolling. I know that the landlord isn't fobbing it off on the tenant because the tenants have changed over a period of time but the problem has remained.

If I knew how to enforce things, then I'd be ready to get it going.

Thanks both of you. :)

[themas]

You shouldn't have to do this but it seems the problem is very likely leaking pipework so if the tenant is co-operative you could arrange for a plumber to inspect the place & try to find out what the problem is. If it turned out not to be too expensive you could consider paying to get it done - only to give your mother peace of mind. If it meant your mother's insurer could stop paying out on her claims they might even be persuaded to pay themselves.

Once you had got agreement to do it you would have to tell the landlord in writing & give him a period of time get it done himself & say you would get it done if he didn't.

[bednobs]

wouldn't the insurance company chase their losses through the landlord?

[boxtops]

Yes, they would, bednobs.

Who's responsible for the whole building, uzoma - who are the managing agents for the whole block? Your mum is probably paying an annual share of a maintenance fee to them. That fee's not relevant in this situation but it will tell you who you need to contact, the people above the landlord of the flat upstairs. If the landlord isn't maintaining the flat properly, the managing agents need to know.

[themas]

I agree the managing agents need to know but it is very likely that the leases make individual flat leaseholders responsible for leaks etc. from their property. The agents may then refuse to get involved - simply saying it must be sorted out with the flat owner.

[boxtops]

I agree - except surely they'd have an interest if one of their occupants (the landlord) is being uncooperative and not maintaining his property.

[themas]

boxtops - you'd hope so, but there may well be little or nothing they can do about it. It depends on the wording of the leases.

[ladybirder]

Uzoma The Leasehold Advisory Service people are very helpful.
http://www.lease-advice.org

[arwyn]

Have a google about Anti-social behaviour, I've just found out I have a case with next doors overgrown hedges. I began by emailing my town hall and they sent me the details on how to go about it.