Long Leaseholder Disrepair Claim Case Study – Repeated Flooding from Communal Roof and Failure to Repair Windows and Entrance Door
MJV Solicitors acted for a long leaseholder in a long leaseholder disrepair claim against a London borough arising from prolonged flooding, water ingress, and failures to maintain communal parts of a residential building. The claim concerned repeated leaks from the roof and communal installations, which caused significant damage to the leaseholder’s flat, including the front entrance door, internal flooring, and multiple windows. The matter settled by consent following the service of expert and witness evidence.
The claimant was the long leaseholder of a ground-floor flat within a small residential block owned and managed by the local authority. Under the terms of the lease, the landlord retained responsibility for the structure and exterior of the building, including the roof, communal water installations and the windows serving the flat.
Once they instructed our specialist leasehold disrepair solicitors, we reviewed the lease, obtained expert evidence and advanced a clear claim for breach of the landlord’s repairing covenants. This resulted in a £5,000 settlement offer, an outcome that compensated the leaseholder for the extensive disruption and helped bring an end to the long-running problem.
Background and History of Disrepair
From at least late 2021, the claimant and other residents experienced repeated flooding from the roof and communal areas of the building. Water would enter the property during the night, flow through the communal stairwells and pool outside the claimant’s flat before entering the property itself. These flooding incidents occurred on multiple occasions, often lasting several hours at a time.
The claimant repeatedly reported the flooding via the landlord’s emergency repairs line, written correspondence, formal complaints, and by escalating to elected representatives. Despite inspections and assurances that repairs had been completed, the flooding continued to reoccur. On one occasion, emergency services attended, but no effective or lasting remedial works followed.
What Was the Nature of the Disrepair?
As a result of the water ingress, the disrepair issues complained of included:
- The claimant’s front entrance door became swollen and distorted, making it difficult to open and close and creating a security risk.
- Damp and water damage also affected the hallway flooring, skirting boards, and walls.
- Several windows within the flat were damaged, with blown glazing and failed seals.
The claimant and her daughter suffered distress, anxiety, sleep disturbance and ongoing concern about the safety and structural integrity of the building.
For related information, please read: ‘Can Leaseholder Claim Compensation for Disrepair?’
Legal Basis of the Claim
The long leaseholder disrepair claim was brought pursuant to the landlord’s repairing obligations under the lease, together with principles of breach of covenant and nuisance. The landlord was responsible for maintaining the roof, communal water installations, external elements, and windows serving the flat. The claimant was not responsible for the defects complained of and had given repeated notice of the disrepair over a prolonged period.
Expert Evidence
An independent Part 35 housing conditions expert was instructed to inspect the property and prepare a detailed report and Scott Schedule. The expert concluded that the flooding was likely caused by defects to communal water tanks and roof elements within the landlord’s control.
The expert identified damage to the front entrance door caused by prolonged water ingress, damp affecting internal walls and flooring, and multiple windows that were blown and no longer hermetically sealed. The expert confirmed that the defects fell within the landlord’s obligations under the lease and valued the necessary remedial works at in excess of £10,000 plus VAT. The report confirmed that the landlord had failed to act within a reasonable time after being placed on notice.
Mitigation and Landlord Inaction
Despite receipt of the expert report, the landlord failed to carry out the necessary repairs or provide a substantive response. Given the ongoing security and safety risks caused by the defective door and windows, the claimant was left with no option but to arrange replacement works herself. These works were carried out at her own expense in order to secure the property and prevent further damage.
Court Proceedings and Outcome
Court proceedings were issued to recover damages and enforce the landlord’s obligations. The claimant relied on her witness statement, expert evidence, and the terms of the lease.
The matter settled by consent without the need for a contested final hearing. The settlement provided for the landlord to pay the claimant £5,000 in damages, subject to any lawful deductions, together with payment of the claimant’s legal costs on the standard basis. Proceedings were stayed on agreed terms with liberty to apply to enforce the settlement if necessary.
Why This Case Matters
This case demonstrates that long leaseholders are entitled to bring long leaseholder disrepair claims where landlords fail to maintain communal structures and installations. It confirms that local authorities and freeholders can be held liable for flooding, roof leaks, defective windows, and damage caused to leaseholders’ homes, including circumstances where leaseholders are forced to fund urgent works due to landlord inaction.
MJV Solicitors regularly act for long leaseholders in housing conditions claims and long leaseholder disrepair claims involving flooding, roof defects, defective windows, and failures to comply with lease obligations.
Facing the Same Problem? Get a Free Case Assessment Today
If you are a leaseholder facing leaks, damp, balcony failures, structural problems, or any issue your freeholder is responsible for, we can help. Our leasehold disrepair solicitors can help you:
- Obtain expert evidence
- Pursue a claim for compensation
- Ensure necessary repairs are carried out
- Understand your legal rights as a tenant or leaseholder
Contact us today on 01253 858231 or claims@mjvlaw.co.uk for fast, effective support or visit our website for more information about how to start your claim for Leasehold Disrepair
Long Leaseholder Disrepair Claim – FAQs
Can long leaseholders bring housing conditions claims?
Yes. Long leaseholders can bring long leaseholder disrepair claims where the freeholder or landlord has failed to comply with repairing obligations under the lease, particularly in relation to the structure, roof, communal areas, or windows.
Who is responsible for roof leaks in leasehold properties?
Responsibility usually rests with the freeholder or landlord where the roof forms part of the structure or communal areas, subject to the specific terms of the lease.
Can a long leaseholder recover the cost of repairs they paid for themselves?
Yes. Where a landlord has failed to act after being given notice and urgent works were necessary, a long leaseholder may recover the reasonable cost of those works as damages.
Do long leaseholders need expert evidence for a disrepair claim?
Expert evidence is commonly used in long leaseholder disrepair claims to identify the cause of the disrepair, confirm responsibility under the lease and value the required remedial works.
Can long leaseholders claim compensation as well as repairs?
Yes. Long leaseholders may be entitled to compensation for distress, inconvenience and financial losses caused by prolonged disrepair.
Can long leaseholders bring claims against local authorities?
Yes. Local authorities can be liable as freeholders or landlords where they fail to maintain communal or structural elements affecting leasehold properties
