Lessee roof repairs/replacement

[maureen]

I'm a lessee of a flat, the property is made up of 3 flats in total. Our roof is currently leaking and we feel that we have 2 options available: go ahead with temporary repairs or think about replacement of it. We've yet to get the quotes in and decide.
Can anybody advise us as to where we (the lessees) stand if we went ahead with replacement of the roof. Our lease state that we are responsible for "contributing to the expense of maintaining/repairing/redecorating and renewing". What is meant by 'contributing', and are we able to ask the freeholders to assist in payment if we claim that we are undertaking betterment of the property?
Many thanks in advance for your replies!

[dominic]

Have you contacted your freeholder, emphasising the urgency of the situation?

Usually the FH has responsibility for the repair of the external structure of the building (including the roof), such maintenance cost being charged back to lessees through the service charge.

That said, if it really is an emergency, it may be more effective and cheaper (if all 8 flats contribute) to get the roof replaced/repaired yourselves by a competent roofer), justified on the basis that it is an emergency. In practice, however, getting contributions from all 8 lessees will be painful.

[Poppy]

This is a matter for the freeholder. You need to contact the freeholder and tell them about the urgent roof problem. A sensible freeholder will consult a surveyor to assess whether the roof requires repair or renewal. The lessees will then pay survey/repair/renewal costs through the service charge issued by the freeholder.

[jeffrey]

Is the leak due to:
a. wear and tear [so not covered by block insurance]; or
b. an insured risk?

[Rebecca Ti]

I thought I would join this thread, as my situation is almost the same. I am in a block of 5 flats. I am the only leaseholder as the other 4 flats are joint Freeholders of the block. I have contacted the Freeholders more than six times by email over the last nine months regarding the roof leaking and causing damage to my internal walls (I am the top flat). With not a single reply. I have brought to their attention their obligations according to the lease, but still nothing. This is now an urgent matter, and I have no idea of what to do next. The building overall is also in need of several repairs externally and also nothing is being done - it is a listed building. I feel I now need to take legal action against the freeholders, but have no idea where to go and what to do. Can anyone advise please. Thanks

[jeffrey]

The only way to force F to act is, er, to force F to act- by threatening/bringing proceedings (and seeking that F should pay your costs).

[James 2009]

I thought I would join this thread, as my situation is almost the same. I am in a block of 5 flats. I am the only leaseholder as the other 4 flats are joint Freeholders of the block. I have contacted the Freeholders more than six times by email over the last nine months regarding the roof leaking and causing damage to my internal walls (I am the top flat). With not a single reply. I have brought to their attention their obligations according to the lease, but still nothing. This is now an urgent matter, and I have no idea of what to do next. The building overall is also in need of several repairs externally and also nothing is being done - it is a listed building. I feel I now need to take legal action against the freeholders, but have no idea where to go and what to do. Can anyone advise please. Thanks

If you get really desarate it may be worth getting english heritage involved - they may kick the freeholder's backside if they are failing in their duty to protect a historc building. the MASSIVE downside is englsh heritage getting involved may end up driving up the repair bill an awful lot, an you'll end up paying a share.

[maureen]

Dear All,
Many thanks for your respective responses to my original issue: the leaking roof and if we replaced it could we approach the FHs for betterment money to assist in payment for it. I really appreciate your time and thoughts. My lack of response has been due to being away this week....sorry! I'd like to reply to some of you with more specifics, which may alter your original replies as to how best I can continue (sorry for not putting them in initially).

With reference to both Dominic and Poppy:
We wanted to gain the usual 3 quotes before apporaching the FHs, the leak is currently manageable.....although we're well aware of the potentail disaster this could all end up being!??!
We have a contract for the self management of the property between all 3 flats as we were unhappy with the extortinate costs being charged by an external management company who were doing nothing but asking us a fortune every year (>£2,000 a year per flat). As a cosnesquence we have a jont account between all 3 flats that we pay a nominal sum into each month to create a reserve fund. This is instead of having to a pay a service charge over the year.
However, the self management contract that we have with the FH states that the lessess "shall jointly & severally be responsible ofr repairs & maintenance as set out in the respective leases for the property" and that we pay our allocated % "for the expenditure incurred in undertaking these responsibilities & confirm that THERE SHALL BE NO LIABILITY FALLING to the FH".......have we shot ourselves in the foot by this clause? :confused:

With reference to Jeffery's comment:
the roof situation seems to be a cause of wear and tear. Although we have doubts that the roof was properly reviewed during some scheduled works in 2006 when it should have been looked at, and any broken/slipped slates replaced. None of the current leasholders were insitu at this time, but I became one shortly after the works had been done. I questioned at the time the quality and reliability of the contractors as they did not use any scaffolding for the outside work of the property (it's 4 floors high) and the visible work was to a poor standard. This was raised through the, then, management company, but after several letters, visits, the contractor stating that I was making a fuss, the works were finally signed off by the surveyor.

The FH is normally quite approachable and very sensible.....but I'v a feeling that we as the leaseholder wil be left to foot the bill on this one.....unless you guys can tell me otherwise!
Finally, does anybody know more on the betterment side of things.....is it something we could take further with the FH? I've not been able to glean much info on it from internet searches so far.

Once again, many thanks.....in anticipation of your replies!
x

[quarterday]

the freeholders reversion is presumably so remote (another 80 or 90 odd years to go) that any betterment you do now will not be of value to the freeholderthen

I therefore take the view that asking the freeholder for a contribution to betterment of the roof doesnt stand much chance of success; especially if the roof, once bettered, will be cheaper to maintain during the rest of the duration of the term of the lease.

I do hope you use the opportunity to insert insulation when re-roofing. Those who let out their flats can claim up to 1500 quid as a tax write off against rental income for expenditure incurred in insulating each dwelling from which they gain income. It will dramatically improve heat loss to stick in that multi layer shiny aluminium film insulation which I thoroughly recommend.

[Poppy]

From what you have quoted, the cost of the roof repairs are to be split between the lessees.

If the freeholder was a conventional freeholder that decided on the building’s management, they would reclaim the cost from the lessees.

The lessees pay either way.

Your next step is deciding whether the roof can be repaired or if a renewal is the solution.

[ricaroofers]

If you have enough money to replace the roof then it is better that just repairing it. Replacing could make the roof new and more durable that just repairing it. ON the other hand, if you just have to repair it then, you just need a little money to do that.

[jeffrey]

If you have enough money to replace the roof then it is better that just repairing it. Replacing could make the roof new and more durable that just repairing it.
True, but always obtain a guarantee (for at least 10- or preferably 20- years) backed by an insurer (in case roofer ceases business).