View Full Version : flat roof repairs responsibility
danglar
20-03-2007, 19:58 PM
I own the leasehold of a top flat in a terrace property. I have tenants staying.
The flat roof is letting in some rains which leaks through the ceilings of my property.
Who is responsbile for the maintenance/repairs: myself , myself and the owner of the flat below, solely the freeholder ?
The f/holder's agents responds extremely slowly and always denies responsibility so I was wondering whether to go ahead on my own and then claim a refund by clawing back on the annual insurance premium/ground rent payments. Or will I go against the law ?
Thanks for your advice.
The matter appears to be rather urgent with all the rains tha is forecast for the rest of the week ..!
Apologies if I have posted to the wrong forum. I am in a bit of a hurry with this issue.
Regards
danglar
jeffrey
21-03-2007, 12:07 PM
I own the leasehold of a top flat in a terrace property. I have tenants staying.
The flat roof is letting in some rains which leaks through the ceilings of my property.
Who is responsbile for the maintenance/repairs: myself , myself and the owner of the flat below, solely the freeholder ?
The f/holder's agents responds extremely slowly and always denies responsibility so I was wondering whether to go ahead on my own and then claim a refund by clawing back on the annual insurance premium/ground rent payments. Or will I go against the law ?
Thanks for your advice.
The matter appears to be rather urgent with all the rains tha is forecast for the rest of the week ..!
Apologies if I have posted to the wrong forum. I am in a bit of a hurry with this issue.
Regards
danglar
What does lease say? Read definition of "demised property/premises" to see if leasehold includes roof (unlikely but possible).
If roof isn't demised, it is most probably the responsibility of landlord. Insurance will apply only if leak caused by insured risk (as to which read policy documents).
danglar
21-03-2007, 21:48 PM
I have found the lease which states:
The lessor hereby covenants:
(...)
at the request and cost of the lessee (...) subject to the payment of the lessee of one half of the cost of such work (...) to repair, maintain, rebuild and cleanse the roof (...) water pipes.
So there is the answer. Thanks.
The lessor is responsible to arrange for the repair but each lessee contributes to the cost.
SO I take it it is the freeholder or his agents to quickly arrange these repairs or else he will be somehow liable for breach of the lease ?
I have correspondence going back years to the managing agent and they have done nothing. In one letter they have even accused to make a fallacious claim of water leaking when in fact I have got photos to prove it !
Shall I sue ??
jeffrey
22-03-2007, 10:38 AM
I have found the lease which states:
The lessor hereby covenants:
(...)
at the request and cost of the lessee (...) subject to the payment of the lessee of one half of the cost of such work (...) to repair, maintain, rebuild and cleanse the roof (...) water pipes.
So there is the answer. Thanks.
The lessor is responsible to arrange for the repair but each lessee contributes to the cost.
SO I take it it is the freeholder or his agents to quickly arrange these repairs or else he will be somehow liable for breach of the lease ?
I have correspondence going back years to the managing agent and they have done nothing. In one letter they have even accused to make a fallacious claim of water leaking when in fact I have got photos to prove it !
Shall I sue ??
Send recorded delivery letter demanding rectification/repair within three weeks, failing which you will take proceedings.
Let L decide if it's an insurance claim or not. Either way, L is clearly responsible for work (but irresponsibly failing to do it).
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