Taking a legal route here gets potentially complicated because you each wear two separate hats - that of leaseholder and that of joint freeholder. Under a typical leasehold, the maintenance of the building (external walls, foundations etc.) and ensuring its structural integrity is that of the freeholder - so that is both of you. So any damage caused by the JK will be your joint responsibility. Mr X as leaseholder will have a duty towards the freeholder not to cause any damage to the building. So the freeholder can sue him for that damage. But since you're joint freeholders, you'd both have to agree to sue him - which is unlikely to happen. You as leaseholder can sue the freeholder for not upholding it's responsibilities under the lease - but then you're effectively suing yourself. I don't think that you as leaseholder can sue him directly in his capacity as leaseholder (unless the JK gets into your garden - but then only for that and not for the building damage). But you as a joint freeholder could sue him in his capacity of joint freeholder for failing to fulfill his duties as joint freeholder.
As I said, it can get very complicated, so best to sort it out without recourse to law. But if you do, get hold of a good solicitor who specialises in these sort of freeholder / leaseholder issues - not just an ordinary conveyancing solicitor. |