What Can a Leaseholder Do About Roof Leaks?

Question from fred, What Can a Leaseholder Do About Roof Leaks?

Answer from AI:

If you’re a leaseholder in the UK and experiencing issues with rain leaking through the roof, causing damp and mould in your flat, it’s important to understand your rights and the steps you can take to address the problem, especially when the council is the freeholder and not performing necessary repairs.

Understanding Leaseholder and Freeholder Responsibilities

In the UK, the responsibilities for repairs and maintenance in a leasehold property are typically outlined in the lease agreement. Generally:

• Leaseholders are responsible for the interior of their flat, including fixtures and fittings.
• Freeholders (in this case, the council) are usually responsible for the structure and exterior of the building, including the roof.

Steps to Take When Repairs Are Needed

If the council, as the freeholder, is not addressing the roof leaks, you can take the following steps:

1. Review Your Lease Agreement: Check your lease to confirm that the freeholder is responsible for roof repairs.
2. Report the Issue: Formally report the problem to the council. Keep records of all communications, including dates and details of the issue.
3. Follow Up: If there is no response, follow up with the council. You may need to escalate the issue to a higher authority within the council.
4. Use the Council’s Complaints Procedure: If the issue remains unresolved, use the council’s formal complaints procedure. This is often a necessary step before taking further action.
5. Contact the Housing Ombudsman: If the council does not resolve the issue through their complaints process, you can contact the Housing Ombudsman for assistance. The Ombudsman can investigate complaints about housing associations and local councils.
6. Consider Legal Action: If all else fails, you may need to consider legal action. This could involve applying to a tribunal or court to enforce the council’s repair obligations.

Legal Resources and Support

– The Leasehold Advisory Service provides free advice on leasehold law.
– The Housing Ombudsman can help resolve disputes with councils and housing associations.

When to Seek Legal Advice

If the issue persists and you are considering legal action, it is advisable to consult with a legal professional. A solicitor with experience in housing law can provide personalized advice and help you understand your options. Legal advice is crucial if you are considering taking the matter to a tribunal or court.

Remember, while these steps provide a general guideline, each situation is unique, and professional legal advice can ensure that you are taking the most appropriate action for your circumstances.