Leasehold disrepair claim – long leaseholder dealing with over ten years of roof and chimney leaks, damp staining and damaged ceilings in the living room and bedroom
For more than a decade, a long leaseholder battled repeated water ingress every time it rained. Leaks from the roof and chimney caused damp staining, damaged plaster and ongoing deterioration to ceilings in the living room and bedroom. Despite years of reporting and granting access, the building owner failed to meet its repairing obligations under the lease.
Once our specialist leasehold disrepair solicitors at MJV Solicitors were instructed, the case moved quickly. We secured a joint expert report, established clear breaches of the repairing covenants and pushed the claim to a negotiated settlement of £11,150 plus a decorating allowance, with confirmation that the roof works had been completed.
Ongoing Water Ingress for Years — With No Resolution in Sight
According to the repair records and the leaseholder’s evidence, reports of a leak date back many years. Water would penetrate through the roof whenever it rained, tracking through the chimney area and affecting both the living room and the bedroom. Internal staining appeared repeatedly, and the leaseholder frequently had to redecorate to cover fresh damp marks.
The expert survey confirmed the problem. Damp staining was identified in both rooms, and high moisture readings were recorded at the balcony door reveal and skirting board. The surveyor also found disturbed loft insulation and sections of an old water tank left behind in the loft, all of which contributed to the ongoing issues. The roof covering itself showed defects, including areas where the external surface and flashings were no longer weather-tight.
For related information, please read: ‘Can Leaseholder Claim Compensation for Disrepair?’
How We Progressed the Claim
We reviewed the lease, identified the freeholder’s repairing covenants, and established that the roof and external structure fell squarely within their responsibility. We then obtained a joint expert report from a chartered surveyor. The report concluded that the freeholder had not adequately maintained the roof, chimney and external fabric of the building, resulting in longstanding leaks and damage within the flat.
The expert also set out a clear schedule of remedial works, including:
- repairing defective roof coverings
- renewing flashings
- clearing gutters
- addressing penetrating damp at the balcony wall
- reinstating insulation; and
- redecorating the affected ceilings and walls.
The total estimated cost of the works was £2,690 plus VAT.
Armed with this evidence, we pressed for a resolution. After further negotiations, the freeholder completed the roof works and confirmed the property was watertight.
A Part 36 offer of £11,150 plus a £180 decorating allowance was then made to settle the leaseholder’s claim for the distress, inconvenience and disruption caused. This was achieved without the need for a trial.
A Straightforward, Results-Driven Approach
Leasehold repair disputes can drag on for years when building owners fail to engage. Our firm cuts through the delays. We analyse the lease, assemble the right evidence and push the claim to a practical conclusion. That is exactly what happened here: a case that had stagnated for over a decade finally reached a settlement once we took control.
We do not overcomplicate matters. We do not allow freeholders to ignore their obligations. We focus on getting results.
Why Leaseholders Trust MJV Solicitors When Their Freeholder Won’t Listen
Leasehold disputes require precision. We understand the covenants, we understand the obligations, and we know exactly how to hold freeholders to the terms of their own leases.
Our approach is simple: no nonsense, no delay, and no backing down where a leaseholder is being ignored. We gather the evidence quickly, drive the case forward and achieve results. That is why so many leaseholders turn to us when they need action, not excuses.
Leaseholder Facing Disrepair Issues?
If you are a leaseholder dealing with leaks, damp, structural issues, defective windows or any other breach of your landlord’s repairing covenants, 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.
Read about some of our other successful leasehold disrepair claims, and how we helped:
- Leaseholder Secures Compensation for Defective Front Door and Windows
- Long Leaseholder Secures £5000 After Repeated Disrepair Issues
- Leaseholder Secures £9,000 After Prolonged Leak from Upper Balcony
- Leaseholder Wins £7,900 Compensation for Damp and Water Ingress Caused by Freeholder’s Failure to Repair
- Leaseholder Wins £16,800 Compensation Over Damp, Leaks, and Failed Repairs
Useful Guides for Leaseholders and Tenants:
- Can Leaseholders Claim Compensation for Disrepair?
- Why Winter Makes Housing Disrepair Worse
- What is Housing Disrepair? A Guide for Council and Housing Association Tenants
- How to Gather Evidence for a Housing Disrepair Claim
- How Does Housing Disrepair Affect Your Health and What Can You Do?
- What Makes a Property Unfit for Human Habitation?
- Why Damp and Mould Claims Are Increasing in England
