Query about freeholder's responsibilities

[themousetookastroll]

We rent out a flat that DH owned before he met me. It's been DH's responsibility until now. The freeholders have been rubbish about maintaining the roof, skylight windows and gutters and, as a consequence, we have a damp problem in the main bedroom. We need to arrange the repair work asap, as it's affecting the tenants, but that will only be a temporary solution if the roof etc are repaired.

I'd be really grateful for advice/a point in the right direction for information on how to get the freeholders to do the work (and pay for repairs to the damp that's been caused). We've got quotes so I'm tempted to go ahead and arrange all the work, but am then worried we'd never get our money back.

I don't know, for example, how long it would be reasonable to wait for them to act before proceeding anyway. They've known about the problem since early December, but DH has done very little to follow up, so has asked me to get involved.

Thanks in advance. Hope I've posted in the right place.

The freeholder has no responsibility for the buildng. You should have a management company or some sort of arrangement where the owners of the flats share the cost of repairs.

Not all blocks have a management company - in smaller blocks, particularly houses that have been split up into flats, the freeholder will oversee repairs. There should be a clause in your lease about keeping the building in good repair but the problem is enforcing it. A lot of freeholders and/or their management companies aren't very prompt at carrying out repairs so will need a lot of nagging. However, if you do pay for your own repair, the freeholder could theoretically sue you for breach of covenant and trespass (you don't own the roof so you can't modify it even if it is for the benefit of everyone). Remember, if they do appoint a builder, they have to get three quotes for work costing over #250 and everyone has to agree to it.

Thanks for this. I've sent them a strongly worded email. I live in hope, if not expectation...

note freeholder has responsibility for ensuring the work is done, but you will have to pay your share of it divided up between all the leaseholders. that might indeed be why so little work has been done, because there is a problem getting money from other leaseholders, or might be a potentialy sticking point to your work. in these instances it might be better for you to do the work yourself and swallow the cost, particularly if you want to sell on. again as others have commented their are legal risks to this.