Freeholder won't repair lock - help!

[shaniannie]

Apologies, as this will be a long post, but I'd appreciate any help or input anyone can give me!

 

My brother bought a flat at the begining of February (think the sale went through 5th Feb 2013). It's an old house split into flats - commercial property on the main ground floor, a basement unused flat, 2 flats on 1st floor, 2 flats on 2nd floor, and is leasehold (900+ years on the lease). He pays just over £600 a year maintenance charge, which he has paid in full the year upfront.

 

He enters the property via a back door which services all 4 upper floor flats, and is the commercial property's rear entrance, though they have said they never use it. He then has his own "front door" to his flat.

 

I went with him on one viewing before he bought the flat and saw that the estate agent had to fiddle with the key in the lock for quite some time before the door opened, but didn't really think any more about it.

 

Since he's had the keys, the lock on the door 9 times out of 10 won't open. He's had to enter his flat by walking up the metal fire escape and going in through his bedroom (it's a raised small double-door window type).

 

The couple upstairs have also said that they have trouble with it, and were stood outside for 20 minutes the other day trying to get it to open, and have told the freeholders, who ignored them.

 

He called the freeholder of the building to let them know that the lock was broken. Lets call them Mr and Mrs C. Mrs C answered and told him it must be his key, and she will get a new key cut for him, and he would have to pay her for it, and Mr C would be round to his place of work to drop one round. 2 weeks went by and they hadn't turned up when promised on numerous occasions.

 

When eventually he spoke to Mrs C on the phone again, he told Mrs C that he'd had a local locksmith round who had told him the barrel was broken and that it needed to be replaced. Mrs C said she would look into it (no excuse was made about not producing a new key).

 

A couple of days later he got a call from Mrs C who said that she'd had someone look at the lock and it wasn't broken, and it was my brother's key.

 

My brother, during this time, was still living at home with mum while he was sorting the flat out - had a new kitchen put in etc.

 

Fast forward to the end of last week, and Mr & Mrs C hadn't given my brother a new key and wouldn't answer any phone calls.

 

In the mean time, he has actually slipped on the fire escape and twisted his ankle and knee. He moved in "properly" last week.

 

Rightly, or wrongly, my brother bought a new lock, fitted it, gave a new key to the people he could and left a message for Mr & Mrs C to say what he had done and asked them to pick up the key so they could arrange for the 2 empty flat's owners to get keys.

 

He got a call from an irate Mr C who told him he'd be getting a solicitor's letter and my brother didn't have any right to change the lock. (Which probably is true, I imagine, he hadn't gone the right way about it!) Mr C told my brother he'd be at his work in the morning to pick up the lock he'd taken off.

 

My brother went to the local locksmith (who incidentally is right next door to his work) and asked them to test the lock and write a letter confirming the barrel was broken. They did this.

 

Mr C came in and was rude and "abrupt" (which is how my brother's colleagues described him), took the barrel, and the letter (!!!!!) and went next door to the locksmith. Mr C came back and handed my brother a new key he'd had cut, told my brother the lock wasn't broken and he was going to put it back on, and that he had misheard and misread what the locksmith said.

 

My brother arrived home from work last night and the new key wouldn't open the lock. Mr and Mrs C haven't answered their phone.

 

(As a btw, Mr C has also told my brother he had to remove his condenser dryer from the cupboard on the landing as it was a fire hazard (?) and, while he was changing the door lock, has taken off the lock on the cupboard and told my brother he can only keep a mop and bucket in there. This was sold to my brother by the estate agent as "his cupboard" (a very large cupboard) but I've asked my brother to bring all his documents with me to check if it is actually "his" cupboard. My brother has in the mean time taken the dryer out.)

 

My brother called the solicitor who dealt with his sale this morning, and she said she doesn't deal with litigations and that he should write a letter asking them to sort this out and give them 14 days, and if they don't do it within 14 days to go to the citizens advice who would help him further.

 

So, here I am, asking for some help! My brother has asked me to help him as he doesn't have a clue (and I must have a bit of a reputation in the family of being clued up......) and I want to do my very best to get a good outcome for him.

 

All he wants is to be able to open the door with his key! Be this being supplied with a key that works (every time, not just after 20 minutes of nursing the lock), or by the lock being replaced.

 

I will be writing a letter to Mr & Mrs C that my brother can sign, so wanted to ask for any help in constructing this letter.

 

Is there anything I should definitely be saying? Definitely should NOT say? Any pointers will be greatly received, and thanks for reading this really long essay!!!

[BankFodder]

It seems to me that the freeholder has a duty to maintain the lock in good order.

You are entitled to replace it and to bill him and he is entitled to receive a set of keys

Your landlord is clearly out for trouble - take the trouble to him.

Lay it all out briefly in a letter and give him two weeks to restore the lock and to reimburse you or you will sue.

Tell him that if you sue that you will also sue him on the injury sustained climbing the fire escape which is clearly not in good order.

Tell him that it would be in everyone's interests to settle this like adults.

 

I suggest that you get backup statements from the others in the house.

 

As for your brother's use of the cupboard, if it is not included in the documents then he is not entitled to it. He should have been more careful.

 

If you can't face taking this court action then settle in for the long haul.

The court claim is a simple small claim. Very easy, cheap and relatively risk free.

Tell your LL that if he cuts up that you will also seek the necessary injunctions.

[shaniannie]

Many thanks for your speedy reply

 

I am prepared to take this as far as I have to (I have told my brother I will do it all for him), and if that means court, then so be it. I totally agree with you that this LL is out for trouble. He made a big song and dance about owning a lot of properties - including student lets.

 

My brother (probably very naievely) just didn't imagine this kind of thing could happen when he's paying a nice big mortgage on the flat! He's very shaken up by the LL's actions but unfortuntely is having a steep learning curve after leaving home for the first time that some people are like this.

 

I believe my brother doesn't want to be reimbursed for the lock (it didn't cost very much), so would it be ok to say as a gesture of good will he won't ask to be reimbursed for it?

 

Should this be titled a "notice of intended litigation" or "lba" or whatever, or should I keep it less formal?

 

Could you also, please, explain what you mean by "if he cuts up we will also seek the necessary injunctions"?

 

Re: the cupboard. Yes, I know that was probably dumb. The issue now is that my brother has arranged for a plumber to see a pipe in said cupboard as it's got a slow cold water leak in one of the pipes. So, the way I see it is: it's either my brother's cupboard, and he can put what he likes in there, and pay the bill for the leak repair, or it's the LL's cupboard, and the LL has to sort the leak - he can't have it both ways! Should this issue be dealt with seperately, or together (once we've figured out who's cupboard it is!)?

[shaniannie]

Just drafted up a letter, I'd be grateful if someone could look over it for me

 

 

Dear Mr & Mrs C

 

Re: Broken lock

 

Further to our recent conversations I am now writing to youto give you 14 days to resolve the situation with the broken lock.

 

As the freeholder of the property it is your duty to maintainthe lock in good working order. I would also like to point out that as theleaseholder I am entitled to replace the broken lock that you are refusing torepair and to bill you for the work carried out, and provide you with a set ofkeys.

 

As a gesture of good will, I will not at this present timebe requesting a reimbursement for the lock I have already bought and hadinstalled, that you have since removed.

 

I request that the lock is either repaired to be in fullworking order or is replaced within 14 days of receipt of this letter or I willissue court proceedings to sue.

 

If after 14 days this matter is not resolved and I have toissue court proceedings to get a resolution, I will also be suing for theinjury I sustained to my knee and ankle whilst having to climb the fire escapeto gain access to my own property.

 

It would be in everyone’s best interests to settle this likeadults and avoid any court action.

 

Yours sincerely

[BankFodder]

No- I think that you should sue just for the replacement lock at this stage.

Suing to force compliance with contractual obligations is a much more complicated matter.

 

Sue for the lock and see what happens. It is a nice little fishing expedition which will bring out his evidence, his arguments etc.

It may be enough to make him see sense - you never know.

Sue for the lock and then go from there

[shaniannie]

Sorry, I get confused easily!

 

So, let me see if I'm understanding you correctly:

 

I shouldn't make any reference to his responsibilities re: lease contract in the letter? (ie I should take out "it is your duty...")

I should be asking for reimbursement of the new lock?

I should ask him to put the new lock back on? (Or should my brother just change it again?(he left it on the floor outside my brother's door))

I shouldn't be asking for a repair or replacement?

 

Sorry to be so dim sometimes I need to be spoken to like a 3 year old with yes and no answers lol

[mariner51]

To clarify, your brother bought a leashold flat outright and is not renting?

So maintainence responsibility for communal areas and external painting of exteriors is that of Management Co, not nec the Freeholder, so who receives the annual management fee?

Intermingling words like freeholder, leaseholder & landlord is confusing.

If all flat occupants are owner-leaseholders, then it may be possible to wrest control from Management Co and form a residents management committee.

Bankfodder has may more posts than I and is a member of the site team, advice is always dependent on understanding the FULL facts, so did brother buy the leasehold flat or is just renting it?

[shaniannie]

Apologies for any confusion, I'll try clear that up:

 

Yes, my brother has bought the leasehold, with a mortgage, and has over 900 years on the lease.

 

The owner of the building are acting as their own Man Co, and as far as we can tell rent out the ground floor commercial property and still own the vacant (in bad condition) basement flat. They are responsible for the things you mentioned. As I said, Mr C pointed out he owns numerous properties.

 

First floor:

Flat 1: my brothers

Flat 2: currently empty, has been for sale for some time, been to auction but unknown if sold (previous occupant (who also owned lease outright) died)

Second floor:

Flat 3: A couple who live there (bought the leasehold outright as my brother) as a "base" and go to France for months at a time (but unfortunately just yesterday found out the husband has cancer which has spread to his brain)

Flat 4: Also bought the leasehold, but believe the owners use it as a holiday flat, so have seen no one use it yet

 

Any help gratefully appreciated.

 

As I said, my brother simply wants to be able to get into his own flat without having to climb up the fire escape. All he wants is a lock and key that work and the whole situation is totally bizarre as to why they won't fix it

[andydd]

If there is any management company involved they will be working on behalf the freeholderr, you would normally correspond with the mc although ultimately the fh is responsible and you would name him in any court action (but read the lease mormally it is between freeholder and tenant but sometimes the mc is party to the lease).

 

It is imortant to read the lease, this is the binding contract between tenant and fh, and ultimately you can sue the fh if he doesnt stick to his reapairing obligations.

 

The is a special 'court' called leasehold valuation tribunal (lvt) that deals with freehold service charge issues, although in this case, i believe it would be the juridstiction of county court.

 

Visit the Leasehold Advisory Service site for lots of onfo, u can also email/phone/visit for free advice. If you are sure that the lock is obligation of fh to repair then you can sue for damages, it may be worth following the cpr prea action protocol for disrepair as a good warning shot.

 

Andy