Residential Landlord & Tenant SC dispute over alleged damage caused by previous Landlord
- or -
Post a project like this$$
- Posted:
- Proposals: 0
- Remote
- #11015
- Expired
Description
Experience Level: Intermediate
Hi, has anyone had experience or can research solution to problem re: Residential Landlord & Tenant - Service Charge dispute - Without Prejudice.
Landlord needs advice, hard evidence, case law or real examples to get leasees to pay their SC contributions.
The crux: if it comes to light that a previous Landlord-A (to the current one Landlord-B) damaged a building’s structural beam in 1960s causing a ceiling to falls in 2009 - is it a legitimate \'Interim Service Charge\' item to include - the costs of fixing beam, ceiling and collateral damage?
If not • why not?
Situation: 1890 house converted into 5 flats and properly managed by London Managing Agents. Tenants say, \' \\why should we pay for a previous Landlord\'s bad building work in converting the flats?\'
......Lease extract
5 LESSOR’S COVENANTS
5.4 Subject to and conditional upon payment being made by the Tenant of the Interim Charge and Further Interim Charge (as appropriate) and the Service Charge at the times and in the manner hereinbefore provided (provided nevertheless that the obligation contained in Clause 5.4.3 shall be absolute and not conditional and subject as aforesaid):
5.4.1 To maintain and keep in good and substantial repair and condition:
(a) the main structure of the Building including the principal internal timbers and the exterior walls and the foundations and the roof thereof with its main water tanks main drains gutters and rainwater pipes (other than those included in this demise or in the demise of any other flat in the Building); ......
.......Lease extract
LEASEES’ SERVICE CHARGE COVENANTS
THE FIFTH SCHEDULE
The Service Charge
In this Schedule the following expressions have the following meanings respectively:
the total expenditure incurred by the Lessor in any
Accounting Period in carrying out their obligations under Clause 5.4
of this Lease and any other costs and expenses reasonably and
properly incurred in connection with the Building including without
prejudice to the generality of the foregoing: .......
Landlord needs advice, hard evidence, case law or real examples to get leasees to pay their SC contributions.
The crux: if it comes to light that a previous Landlord-A (to the current one Landlord-B) damaged a building’s structural beam in 1960s causing a ceiling to falls in 2009 - is it a legitimate \'Interim Service Charge\' item to include - the costs of fixing beam, ceiling and collateral damage?
If not • why not?
Situation: 1890 house converted into 5 flats and properly managed by London Managing Agents. Tenants say, \' \\why should we pay for a previous Landlord\'s bad building work in converting the flats?\'
......Lease extract
5 LESSOR’S COVENANTS
5.4 Subject to and conditional upon payment being made by the Tenant of the Interim Charge and Further Interim Charge (as appropriate) and the Service Charge at the times and in the manner hereinbefore provided (provided nevertheless that the obligation contained in Clause 5.4.3 shall be absolute and not conditional and subject as aforesaid):
5.4.1 To maintain and keep in good and substantial repair and condition:
(a) the main structure of the Building including the principal internal timbers and the exterior walls and the foundations and the roof thereof with its main water tanks main drains gutters and rainwater pipes (other than those included in this demise or in the demise of any other flat in the Building); ......
.......Lease extract
LEASEES’ SERVICE CHARGE COVENANTS
THE FIFTH SCHEDULE
The Service Charge
In this Schedule the following expressions have the following meanings respectively:
the total expenditure incurred by the Lessor in any
Accounting Period in carrying out their obligations under Clause 5.4
of this Lease and any other costs and expenses reasonably and
properly incurred in connection with the Building including without
prejudice to the generality of the foregoing: .......
B D.
97% (13)Projects Completed
20
Freelancers worked with
19
Projects awarded
25%
Last project
7 Mar 2022
United Kingdom
New Proposal
Login to your account and send a proposal now to get this project.
Log inClarification Board Ask a Question
-
There are no clarification messages.
We collect cookies to enable the proper functioning and security of our website, and to enhance your experience. By clicking on 'Accept All Cookies', you consent to the use of these cookies. You can change your 'Cookies Settings' at any time. For more information, please read ourCookie Policy
Cookie Settings
Accept All Cookies