Environmental Protection Act (Section 82) and leasehold flats

[Chris S]

The roof above my leasehold flat leaks after heavy rain. The large resulting damp patches are a health hazard and, because of their proximity to electrical circuits, a fire hazard.

If I were a tennant I could force the landlord to repair the defect under Section 82 of the Environmental Protection Act. Does anybody know if I can do the same as a leaseholder?

 

[Lee_M]

Depends what your lease says in terms of responsibility for building maintenance

 

[Chris S]

The roof is the management company's responsibility. However, they're not living up to it.

 

[ASC1951]

The roof is the management company's responsibility.

Usually, but not inevitably - if it is a house split into two long leasehold flats, for instance, it is common for the top flat to include the roof and the ground floor flat to include the foundations. As Lee M says, the starting point is to look at the actual lease.

Assuming that the roof is not part of your lease, you have various remedies:-
- a contractual claim against your freeholder
- a civil claim for water ingress against the owner of the roof, if that isn't your freeholder
- a breach of statutory duty claim, ditto
- a complaint to the Local Authority's EHO
- etc.

I would certainly start with the lease, then point out the problem asap to the owner of the roof if it is not included in your lease. And no need to go in with a big stick - after all, the owner of the roof may be completely unaware that it is leaking.

 

[Archie_tect]

Check who maintains the buildings insurance... sounds like a claim needs to be submitted for the repair.

 

[Chris S]

I would certainly start with the lease, then point out the problem asap to the owner of the roof if it is not included in your lease. And no need to go in with a big stick - after all, the owner of the roof may be completely unaware that it is leaking.

It's the freeholder's resposibility to maintain the roof - they've had six years and it's still leaking.

I was asking about the Environmental Protection Act (Section 82) because it's really easy to enforce, I don't even need a solicitor.

 

[Over The Hill]

It's the freeholder's resposibility to maintain the roof - they've had six years and it's still leaking.

I was asking about the Environmental Protection Act (Section 82) because it's really easy to enforce, I don't even need a solicitor.

Hi,
I think you seem to be some way through a long saga, so from the top...
Roof leaks and needs to be fixed- Lease says it is down to the landlord.
Landlord is not repairing the roof.

How big is the problem? It may be just a small leak that costs a £10 pot of gunk to fix. Have a look or get a man along to look at it assuming access is available.
Assuming it is a substantial job and man can price it up, pass the estimate to landlord.

Landlord should simply get job done and the lease usually provides for the cost to come from all the flat owners in with the maintenance charges. So they are not actually paying from their own pocket anyway.
If the roof is over say three flats then you could cut out the landlord and just split the cost between the three flats.

I think going down the EPA route is perhaps putting you on thin ice (proving it to be a problem etc) where you have a rock solid case in the lease. So why choose to fight in a forum in which you have a lesser case?

What do they say when you say "why have you not fixed the leaking roof"?

 

[ASC1951]

I was asking about the Environmental Protection Act (Section 82) because it's really easy to enforce, I don't even need a solicitor.

Not that easy, though, if you are having to ask for advice here....

You omitted to say in your OP that the freeholder had ignored the leak for six years. In that case it is time for action. I would go along with OTH's suggestion, but if you insist on using statutory rather than contractual rights I would try to get the local EHO to take action rather than going straight in yourself. For one thing, the Council has the power to do the works itself and bill the freeholder. [Under the s82 procedure you do not. But you do under your lease.]

Text of the relevant provisions here http://www.legislation.gov.uk/ukpga/1990/43/section/82
Simplified guide to the procedure here http://www.dover.gov.uk/pdf/s82 information.pdf

BTW, the answer to your question is 'yes'.

 

[Chris S]

BTW, the answer to your question is 'yes'.

Thanks - I wouldn't know how to enforce the contract without the help of a solicitor. However there is plenty of information on the web about enforcing the EPA without one.