Leasehold Property Repairs Act

The Leasehold Property (Repairs) Act 1938 offers important safeguards for leaseholders of residential properties in England and Wales. This legislation focuses on long leases on smaller houses and sets limits on a landlord’s right to recoup the costs of certain repairs. It’s essential for leaseholders to understand this Act so they can protect themselves when presented with potentially large repair bills.

Blackstone Solicitors specializes in property law. We advise leaseholders and landlords on responsibilities defined by the Leasehold Property (Repairs) Act 1938 and are experts at representing clients in repair-related disputes.

In this article, Leasehold Property Repairs Act, we take a look at the process and mechanism involved.

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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of dealing with leasehold property, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

Key Provisions of the Leasehold Property (Repairs) Act 1938

Let’s break down the Act’s main elements:

• Eligible Properties: The Act protects leasehold houses with a rateable value of £100 or less (in London) or £75 or less (outside of London) at the time the landlord intends to carry out the repairs. The lease must also have at least 5 years remaining when the landlord serves notice of the proposed works.
• Notice Requirements: Before starting, landlords must provide leaseholders with a detailed notice (under Section 146 of the Law of Property Act 1925) outlining the proposed repairs and their estimated costs.
• Leaseholder’s Right to Object: After receiving the notice, the leaseholder has 28 days to serve a counter-notice claiming the benefit of the Act.
• Restricting Recoverable Costs: When the Act applies, it limits the costs the landlord can pass on to the leaseholder. The repairs must be determined as reasonable and necessary.
• Limitation Period: Landlords have three years from the lease term’s end to seek damages related to lease breaches for repairs.

Exclusions from the Leasehold Property (Repairs) Act 1938

It’s important to be aware of scenarios where the Act does not apply:

• Repairs on Taking Possession: If the lease obligates you to do repairs when you take possession of the property, the Act will generally not protect you.
• General Maintenance: The Act is not intended to interfere with routine maintenance and repair responsibilities defined in your lease.
• Non-residential Properties: Leases for commercial, agricultural, or properties with mixed-use generally do not fall under the Act’s scope.

How the Act Works in Practice

Here’s a simplified example of how the Act might function:

1. Landlord’s Notice: Your landlord outlines major roof repairs they intend to carry out and serves you a Section 146 notice.
2. Leaseholder’s Response: You serve a counter-notice claiming the benefit of the Act.
3. Cost Limitations: The Act restricts how much the landlord can charge you for these specific roof repairs, potentially causing a delay if the landlord insists on going ahead with them. This can also result in disputes over which repairs are necessary and the fairness of the proposed costs.
4. Potential Dispute: Leaseholders can challenge the scope, necessity, and costs detailed in the notice, creating a space for disagreement.

How Blackstone Solicitors Can Help

Disputes involving the Leasehold Property (Repairs) Act 1938 can be legally complex and frustrating. Blackstone Solicitors is here to provide guidance and representation to both leaseholders and landlords, with services including:

• Lease Review and Advice: We thoroughly assess your lease agreement and help you determine whether the Act applies to your property and the proposed repairs.
• Serving and Responding to Notices: We ensure notices are correctly filed and submitted, upholding legal requirements.
• Dispute Resolution and Negotiation: We work for amicable and cost-effective solutions by helping you negotiate a settlement.
• Leasehold Valuation Tribunal Representation: We provide representation before the First-tier Tribunal (Property Chamber) should disputes escalate. We work to achieve your best outcome.

Protect Your Position: Leaseholders and Landlords

Understanding your rights and obligations under the Leasehold Property (Repairs) Act 1938 is vital for both leaseholders and landlords.

Leaseholders: If your landlord presents you with a significant repair bill, seek immediate legal advice. You may have more rights than the landlord is suggesting. Landlords: It’s crucial to carefully understand the Act to avoid delays and challenges while dealing with property repairs.

Contact Blackstone Solicitors

Blackstone Solicitors provides the property law knowledge you need to navigate the complexities of this historic piece of legislation. Whether you are a landlord or a leaseholder, schedule a consultation with our property experts today for guidance on your position under the Leasehold Property (Repairs) Act 1938.

How we can help

We have a proven track record of helping clients deal with the legalities of leasehold property. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Commercial Property Solicitors

It is important for you to be well informed about the issues and possible implications of leasehold property. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Commercial Property solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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