Client S contacted LEASE for advice regarding disrepairs in their building. The freeholder had not carried out any repairs since the client had moved in and had not maintained the building as stated in the lease (external decoration had been carried out once in 30 years, rather than once in a stipulated 3-year cycle). Additionally, an external (communal) staircase outside the client’s property had collapsed due to severe neglect. The client had also replaced the wooden window frames to their flat’s windows, at their own expense, since these had become rotten and the client was concerned that they may fall out.
Upon reviewing the lease, LEASE advised that the Freeholder was under obligation to repair and maintain certain parts of the building and pointed out that the duty of repair arises as soon as the need arises. LEASE also advised the client on:
- An action for damages;
- An order for specific performance;
- The remedy of Self Help
Acting upon LEASE’s advice, the client was successful in their action which forced the freeholder to agree to carry out the necessary action correcting the longstanding disrepair and to pay for the bulk of the costs, as well as all of the client’s legal and survey fees.
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