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Freeholder Claim of Property Damage

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  • Freeholder Claim of Property Damage

    I have a very serious problem I need some advice on regarding freeholders claiming I have damaged the building and in particular the top flat owners claiming I have damaged their flat. I bought and refurbished a garden flat, had a PWA with the flat above and that has been resolved with them through that system. Schedule of Condition done and minor damage agreed and paid for - only £650 +VAT.

    The freehold is owned by the other two flat owners and they have put an item in the 'Replies to Leasehold Management Enquiries' form that states "The Landlord is awaiting the results of a survey and will be looking to the Tenants (and any potentially any successors in title) for recompense." In reality this is the top flat owners and they are holding out for a huge amount of money in compensation for claiming their whole flat needs refurbishing because they know they have us over a barrel because I can't sell my flat with this clause in place and our buyer will walk away if we don't settle with them soon.

    My question to you is solely about whether they can pass any claim for recompense onto successors in title i.e. my buyer. At the moment my conveyancing solicitor has said the buyer will run a mile if he sees this claim so he has not sent the document over to the buyer's solicitor. But the PWA Association said they did not think this could be done, that the responsibility for damage remains with me as an individual not with the property.

    I wonder if anyone knows about this or if not if there is someone you could recommend I go to for advice. If I can produce enough solid evidence that the claim cannot be passed on then hopefully the sale can proceed.