My landlord won't redecorate my flat

There is a clause in the lease that says the block will be painted every four years but it hasn't been touched in at least eight. What action can I take?
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© Merrily Harpur

Question: I bought my flat 20 years ago. There is a clause in the lease that says the block will be painted every four years but it hasn't been touched in at least eight. I have contacted the managing agents, but their response was that several people in the block are in arrears and there is money outstanding which they are chasing through the court. I have always paid my service charge so what action can I take?

Answer It's difficult to advise without seeing your lease but there appears to be a breach of the terms of the lease as your landlord has failed to comply with the redecoration clause.

Strictly speaking you have a right to sue your landlord for an injunction in the county court requiring them to carry out the redecoration and/or compensate you.

Your landlord has given a reason for the delay in decorating and appears to be taking positive steps. The court will consider whether it is reasonable to grant an injunction and will look at your needs and your landlord's. Unless the landlord has delayed unreasonably, the court will look to avoid granting an injunction.

As for compensation, you need to prove what losses you have suffered as a result of the breach. If the lack of maintenance has reduced the value of your flat, you may be able to claim compensation.

 

 

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If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk. We regret that questions cannot be answered individually.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

 

 


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