Q&As

A freeholder wishes to replace the roof of residential premises on the basis that repairs are not cost effective and a complete replacement of the roof would be preferable in the long term. The leaseholders do not agree and would prefer to pay for roof repairs instead of the prohibitive cost of a new roof. If the leaseholders are in agreement as to how they would like to proceed and the freeholder has not provided evidence to support the argument that a new roof is required, how can the landlord's action be challenged by the leaseholders?

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Published on LexisPSL on 06/08/2015

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A freeholder wishes to replace the roof of residential premises on the basis that repairs are not cost effective and a complete replacement of the roof would be preferable in the long term. The leaseholders do not agree and would prefer to pay for roof repairs instead of the prohibitive cost of a new roof. If the leaseholders are in agreement as to how they would like to proceed and the freeholder has not provided evidence to support the argument that a new roof is required, how can the landlord's action be challenged by the leaseholders?

The position in respect of recoverability of service charges in relation to residential property is governed by statute—sections 18–25 of the Landlord and Tenant Act 1985 cover limitations to and reasonableness of service charges, requests for summary of relevant costs, effects of change of landlord and assignment on request, as well as providing for an offence for failure to comply. The provisions apply to all dwellings and cover all residential leases, except where LTA 1985, s 26 applies. Section

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