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Anyone have any advice re. repair of lift and common-ways (private tenant)?

2 replies

milki · 09/02/2010 12:45

I have a meeting with our letting agent tomorrow to renew our tenancy agreement and I want to say something about the fact that the lift in our building hasn't worked since June. I have tried getting information from the council, Shelter and Citizens Advice but it seems that common-ways are a grey area in the law.
I live up five flights of stairs with 2 small children and it is a PITA. My neighbour also struggles as she is in her 60s with arthritis and can't carry her shopping etc up all the stairs. I don't know what to do. The landlord just fobs us off with excuses. I really want to say something to letting agent tomorrow that will help get the issue addressed but fear I am actually powerless, and we just have to put up with it. There is nothing specific in tenancy agreement re. lift and common-way.

Can anyone help? I would love to move but can't afford to

TIA

OP posts:
PanicMode · 09/02/2010 13:41

Is there anything in your agreement about the landlord maintaining the services? And do you know whether your landlord owns just your flat or the whole block?

Do you pay a service charge? I think that it will depend on what your lease exactly says as to what your redress is. Is there a tenants' association? Are most of the flats privately owned? I think that it will be difficult to get one landlord to fix the lift if he only owns one flat, not the block.

milki · 09/02/2010 15:20

He owns the majority of flats but not all, some are owner-occupiers. I think he is one of three freeholders. Nothing in agreement covers any of this, just that he agrees to observe the landlord's repairing obligations in Section 11 of L/L & Tenant Act 1985. I can't find anything about this act that relates to common-ways and services not actually in flat.

Would it be of benefit to set up a tenants/residents association then? I think some of the owner-occupiers might pay a maintenance fee. And what would be a reasonable amount of time to expect him to sort the lift out, if he is in fact partly (with other freeholders) responsible? It is so frustrating!

M

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