Improvement costs claim

[Amber9]

Good Morning everyone,

I purchased a flat last year, the person I purchased it from still owns and lets out the upstairs flat and I purchased the freehold.

It wasn’t purchased as a buy to let but I moved out and moved in with my partner and have rented out my property as well.

On inspecting a few months ago I noticed substantial damp, mould, etc and had a Damp Survey undertaken which states there are issues with the pointing and the chimney on inspection causing damp.

I’ve shared the report with the owner upstairs as the paperwork clearly states that he should cover 50% of the costs.

However, he disputes the survey.

There are two questions I’ve got;

1. I will carry out the repairs but I do want him to pay 50% - what steps do I need to take now to cover myself and what is the actionable claim? Is it with the property tribunal?
2. How do I set up a fund for the future, there isn’t provision in place currently but in the conveyancing paperwork it refers to one ought to be set up - do I need to consult with him on that point?

I’d really appreciate some assistance in pointing me in the right direction here.

Many thanks

[David122]

Book a call with the Leasehlld Advisory Service who will tell you how to enforce the covenants in the lease. You may need further quotations though and a rationale for how you selected the winning quote if you want to use s20.