Your lease is an important document which you may need to check your rights and obligations.
Your solicitor should have given you a copy when you bought your property.
To get a copy, you could:
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Usually you are responsible for the internal parts of your flat unless they are structural. Your lease will usually have a definition of what is included within the flat, which will make your responsibilities clear.
Your landlord is generally responsible for the exterior, structure and any common parts.
Template letter
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First, make sure the leak has stopped. Talk to your neighbour to find out what went wrong and check that they are taking reasonable steps to prevent further damage. Write to your landlord or managing agent so they are aware and you have a record of it.
If your neighbour is not cooperating, you may have to ask the landlord or managing agent to take the lead and get access to find the source of the problem.
Contact your insurer and make a note of what has been damaged.
Find out who is responsible
Responsibility depends on the cause of the leak and the terms of your lease. It is a good idea to get some form of proof about the cause – for example, from a builder or plumber, whether your own or the landlord’s.
If the cause is disputed, you may need an assessment from a surveyor or a professional, who can also outline what the repair should be. Some insurance policies cover the cost of tracing the cause of a leak.
Generally, leaseholders are responsible for pipes and other apparatus exclusively serving their flat even if they run outside it. In this case, your neighbour may be responsible for the damage to your flat, if they were negligent or failed to take appropriate action following the leak.
Any communal pipes or apparatus serving more than one flat are generally the responsibility of the landlord or management company. They may recover the repair costs through the service charge and buildings insurance policy.
Paying for the repairs
If the neighbour is responsible for the damage, you should ask them to cover the cost of the repairs. Negotiation is usually the quickest and most cost-effective way forward. If this does not resolve the matter, you could try mediation.
As a last resort, you may have to take your neighbour to the small claims court for damages. Always get specialist advice before taking legal action.
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A leaseholder is entitled to know the identity of their landlord. A request in writing can be made to the person who demands rent, or the person who last received rent, or the person who acts as the landlord’s agent. The person receiving the request must supply the leaseholder with a written statement of the landlord’s name and address within the period of 21 days, beginning with the day on which they receive the request.
If it appears the landlord is a company, then a leaseholder can make a written request to the landlord, the agent of the landlord, or the person who demands the rent, requesting the name and address of every director and of its secretary. The landlord must supply the leaseholder with a written statement of the information requested within the period of 21 days, beginning with the day on which they receive the request.
Where a landlord fails without reasonable excuse to comply with either a request for disclosure of the landlord’s identity or a request for disclosure of directors etc of a corporate landlord, they commit a summary offence on conviction, and are liable for a fine of up to £2,500 (level 4 on the standard scale of fines for summary offences). The local housing authority has the power to bring proceedings, or they can be brought by the leaseholder. Local authorities are exempt from prosecution, but not Housing Associations.
You can also contact the Land Registry to find out who the registered freeholder is, and if necessary obtain a copy of the freehold title register, for a small fee.
Furthermore, Companies House makes available free of charge all public digital data held on the UK register of companies. This includes overviews of the company and information about company officers.
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The terms of your lease should clarify who is responsible for maintaining the part of the building concerned.
Typically the exterior of the building is the landlord’s responsibility, but they may not be obliged to carry out improvements such as installation of a damp proof course where none exists at the moment.
Download a template for a chasing letter to repair – action required by landlord
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When you purchase a leasehold property under the right to buy, there are certain clauses which are implied into the lease.
This means that although the lease may not have these terms, if the lease was granted on or after 3 October 1980, will have standard clauses that are implied into such leases under the law.
You would need to ask your conveyancer to check the legislation to see whether the provisions under the legislation cover the issues and the defects that concern you.
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If you are buying a flat and plan to carry out work on the property you should look at the terms and conditions of the lease before you exchange contracts.
The lease agreement to the property will set out any rights and restrictions on altering the property. The lease will also tell you whether or not works, such as extensions are permitted and whether there are conditions that need to be satisfied when carrying out such works.
Carrying out improvement works to your property can be exciting and can add value to your property, but failure to comply with the terms and conditions of the lease agreement could result in a breach of the lease. In the event of a breach, the landlord might force you to pay for more building works to put everything back the way it was. To avoid this, it is important that you do not start any work on a property without knowing what work you are allowed to do; and whether consent is required.
Although your lender may have approved subletting, you still need to be sure as to whether you need your landlord’s permission to sublet.
You will need to check the lease before you sublet, to be sure that you are entitled to do so, and whether or not there are any conditions attached to subletting.
Your conveyancer should be able to advise you on the terms of lease.
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