Possible Breach of Lease but not sure if this counts ?

[lucky13]

Hi guys

I've had a neighbor upstairs cause 3 lots of damage to my flat with building work, I've gone through the lease and wanted to make sure that I've selected the correct breach clauses for the type of damage they have created.

The damage is this

1. Extensive debris within floor space between their flat and my flat ceiling space which is causing a fire risk in addition to rubble and dirt intrusion through spot lights.

1. Extensive water damage to my living room ceiling, carpet and sofa.

1. Extensive water damage to bedroom ceiling and internal wall of my flat caused by dislodging an external gutter downpipe.

The lease of the above flat states these two clauses

Clause 8

Nothing shall be done or omitted to be done anywhere on the property that may cause inconvenience or annoyance to any resident on the property or in the neighbourhood and the generality of this regulation shall not be restricted by any other regulation


Clause 9

Not to do or allow to be done in the premises or on the property anything whereby the insurance for the time being effected on the property or any part thereof (including the premises) may be rendered void or voidable or whereby the rate of premium may be increased.


Can I makes sure that I am correct in assuming the damage breaches both clauses above as I'm unable to find any other clause that is relevant.

Many thanks

[lucky13]

can anyone advise if the two above clauses are correct regarding the damage they have caused ?

[lucky13]

I was hoping someone might be able to help with the above question, I have a management meeting very soon and wanted an idea of what we might be able to do about this

[jaguarsuk]

Nobody can comment on 9 because we don't know what the terms of the insurance policy are and you haven't told us what you intend to do, so how can we say whether either are relevant to the course of action you wish to pursue.

[lucky13]

Nobody can comment on 9 because we don't know what the terms of the insurance policy are and you haven't told us what you intend to do, so how can we say whether either are relevant to the course of action you wish to pursue.

Thanks JaguarsUK

I have checked through the Building Insurance Policy and spoken to my Insurance Broker who set up the policy and confirmed that the neighbors damage to my ceiling would indeed increase my premiums ( if claimed ) and also the increased fire risk from the ceiling/floor space debris is a known risk that if not disclosed could void the policy.

My actions to follow these possible breaches would be to raise a Section 146 Notice listing these two clauses having been breached due to the damage and debris within the floor space..

I just need to confirm that I have selected the correct two clauses as breached as I don't want to submit my Section 146 notice and then when it goes to court find out that I've made a mistake..in your opinion do both clauses 8 and 9 seem relevant to the damage caused by the neighbor ?

Clause 8

Nothing shall be done or omitted to be done anywhere on the property that may cause inconvenience or annoyance to any resident on the property or in the neighbourhood and the generality of this regulation shall not be restricted by any other regulation


Clause 9

Not to do or allow to be done in the premises or on the property anything whereby the insurance for the time being effected on the property or any part thereof (including the premises) may be rendered void or voidable or whereby the rate of premium may be increased.

many thanks again for your time

[jaguarsuk]

In that circumstance it looks as though yes you have selected the clauses yes, but are you the freeholder and therefore the landlord of their leasehold?

[lucky13]

edited

[lucky13]

Thanks JaguarsUK

I have checked through the Building Insurance Policy and spoken to my Insurance Broker who set up the policy and confirmed that the neighbors damage to my ceiling would indeed increase my premiums ( if claimed ) and also the increased fire risk from the ceiling/floor space debris is a known risk that if not disclosed could void the policy.

My actions to follow these possible breaches would be to raise a Section 146 Notice listing these two clauses having been breached due to the damage and debris within the floor space..

I just need to confirm that I have selected the correct two clauses as breached as I don't want to submit my Section 146 notice and then when it goes to court find out that I've made a mistake..in your opinion do both clauses 8 and 9 seem relevant to the damage caused by the neighbor ?

Clause 8

Nothing shall be done or omitted to be done anywhere on the property that may cause inconvenience or annoyance to any resident on the property or in the neighbourhood and the generality of this regulation shall not be restricted by any other regulation


Clause 9

Not to do or allow to be done in the premises or on the property anything whereby the insurance for the time being effected on the property or any part thereof (including the premises) may be rendered void or voidable or whereby the rate of premium may be increased.

many thanks again for your time

Great thanks JaguarsUK

Yes we are the Management Company but in the Head Lease it states that we legally act on the the Freeholders behalf for breaches of the lease.

Sorry just one more question when I was reading the FAQ about raising a S146 Notice it states that if you are going to ask for financial compensation for the breach/es then it must be included in the original S146 Notice otherwise compensation can't be claimed later.

If I do decide to request compensation for the breaches am I allowed to make an amount applicable to Clause 8 only ...the tenant has actually broken 6 other Clauses in total and each one requires it's own independent remedy but Clause 8 which applies to the damage in my flat is going to cost me around £3000 to repair; can I state in the S146 Notice that to remedy Clause 8 ( and only Clause 8 ) then a Compensation payment of £3000 will be required ?

Many thanks again for your time it is really appreciated

[jaguarsuk]

Great thanks JaguarsUK

Yes we are the Management Company but in the Head Lease it states that we legally act on the the Freeholders behalf for breaches of the lease.

Sorry just one more question when I was reading the FAQ about raising a S146 Notice it states that if you are going to ask for financial compensation for the breach/es then it must be included in the original S146 Notice otherwise compensation can't be claimed later.

If I do decide to request compensation for the breaches am I allowed to make an amount applicable to Clause 8 only ...the tenant has actually broken 6 other Clauses in total and each one requires it's own independent remedy but Clause 8 which applies to the damage in my flat is going to cost me around £3000 to repair; can I state in the S146 Notice that to remedy Clause 8 ( and only Clause 8 ) then a Compensation payment of £3000 will be required ?

Many thanks again for your time it is really appreciated

Any notice or claim had to be served in the name of the landlord with you acting as their agent.

I don't know what other clauses have been broken, how and what effect that has nor do I know any other of the terms of the lease. It's impossible for me to tell you what clause to pursue them with, but my advice would be think about which route would in a court claim would be the most likely to succeed.

[alexlambert]

Clause 9

Not to do or allow to be done in the premises or on the property anything whereby the insurance for the time being effected on the property or any part thereof (including the premises) may be rendered void or voidable or whereby the rate of premium may be increased.
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[lucky13]

Any notice or claim had to be served in the name of the landlord with you acting as their agent.

I don't know what other clauses have been broken, how and what effect that has nor do I know any other of the terms of the lease. It's impossible for me to tell you what clause to pursue them with, but my advice would be think about which route would in a court claim would be the most likely to succeed.

thanks for your reply but your message is a little confusing for me to understand really all I'm asking for is can I request compensation in a S146 notice to resolve just one of the breaches..I know there a total of 7 breaches but none are related to the one which requires compensation for the repair work.

Essentially I don't want the compensation to be considered as a resolution for all 7 breaches, so within my Section 146 Notice to the tenant can I say "To resolve Breach No 6 for the damage to my ceiling you must pay £3000" If they do pay then only Breach 6 would be considered un-breached.

[jaguarsuk]

You should state the required remedy for each breach.