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  • FIRST POST
    • bairn7
    • By bairn7 13th Jun 17, 4:30 PM
    • 437Posts
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    bairn7
    Council refusing to pay share of repairs
    • #1
    • 13th Jun 17, 4:30 PM
    Council refusing to pay share of repairs 13th Jun 17 at 4:30 PM
    **I had previously posted this in the DIY forum by mistake**

    Hi all

    I had to get some urgent roof repairs instructed last week. I'm the owner of a first (and top) floor flat and the council owns the flat underneath.

    Last year I had a roof leak and contacted the council who come out and simply placed a plastic sheet under the leak. It took months for them to actually repair.

    This time the leak was in a different spot and was much more urgent so I had to get it done that day (was coming through the ceiling into my bedroom.

    The title deeds say that both flats have joint responsibility for the roof.

    The council are saying that, because they were not consulted, they will not be paying their share of the costs.

    Can they do this?
Page 1
    • Rosemary7391
    • By Rosemary7391 13th Jun 17, 4:33 PM
    • 1,836 Posts
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    Rosemary7391
    • #2
    • 13th Jun 17, 4:33 PM
    • #2
    • 13th Jun 17, 4:33 PM
    Are you in Scotland?
    Me escondo detras de mi lengua... tengo miedo de que me entiendas... pero me gustara que me entendases ¡Ayudame!
    • davidmcn
    • By davidmcn 13th Jun 17, 4:48 PM
    • 6,071 Posts
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    davidmcn
    • #3
    • 13th Jun 17, 4:48 PM
    • #3
    • 13th Jun 17, 4:48 PM
    Are you in Scotland?
    Originally posted by Rosemary7391
    I would presume so, from the context and the username.


    Unless the titles say anything else, then I would say it's implicit that any flat owner is entitled to instruct urgent repairs without consultation.
    • agrinnall
    • By agrinnall 13th Jun 17, 6:53 PM
    • 18,541 Posts
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    agrinnall
    • #4
    • 13th Jun 17, 6:53 PM
    • #4
    • 13th Jun 17, 6:53 PM
    I'd agree with david, but it may take legal action to actually get the money out of them (or maybe just the threat of it).
    • G_M
    • By G_M 14th Jun 17, 5:06 AM
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    G_M
    • #5
    • 14th Jun 17, 5:06 AM
    • #5
    • 14th Jun 17, 5:06 AM
    I agree. Suggest you send a formal letter explaining, with the invoice, and a request for payment within 10 days.

    If they ignore, or refuse, you'll need some professional help (Shelter? CAB? Leaseadvice?) to review the exact lease wording, the relevant case law (eg for courts adopting implied terms as david suggests) and advise on next step.

    How much was the invoice? If minimal, it might not be worth pursuing beyond the initial formal letter.
    • bairn7
    • By bairn7 14th Jun 17, 8:10 AM
    • 437 Posts
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    bairn7
    • #6
    • 14th Jun 17, 8:10 AM
    • #6
    • 14th Jun 17, 8:10 AM
    Thanks all. Yes I'm in Scotland.

    And yes the amount is minimal, a couple of hundred pounds, so unlikely to be worth pursuing. It is incredibly frustrating however that, if I want or need to do repairs to my property to maintain it, I need to wait until the Council get round to doing it otherwise I have to pay their share. I have no doubt it would have taken at the very least a few days for a repair to be instructed. In the meantime I have to live with buckets in my bedroom and the constant drip, drip, noise and overall stress of knowing that my property is suffering from water ingress.
    • davidmcn
    • By davidmcn 14th Jun 17, 9:09 AM
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    davidmcn
    • #7
    • 14th Jun 17, 9:09 AM
    • #7
    • 14th Jun 17, 9:09 AM
    If you incur further costs you can always add them up and if necessary pursue the council when it becomes more economic to do so.

    Registering a Notice of Potential Liability over their title at least means you'll get the money back eventually, but maybe many years before they sell and have to pay you back.
    • mysterymurdoch
    • By mysterymurdoch 14th Jun 17, 8:12 PM
    • 136 Posts
    • 106 Thanks
    mysterymurdoch
    • #8
    • 14th Jun 17, 8:12 PM
    • #8
    • 14th Jun 17, 8:12 PM
    Which council is it? I'd kick up a storm on facebook, also contact your local MP.
    • stator
    • By stator 15th Jun 17, 12:15 AM
    • 5,891 Posts
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    stator
    • #9
    • 15th Jun 17, 12:15 AM
    • #9
    • 15th Jun 17, 12:15 AM
    Formal letter. Letter before action. Small claims court.
    Just make sure you followed the conditions set out in the lease.
    Changing the world, one sarcastic comment at a time.
    • sgun
    • By sgun 16th Jun 17, 12:11 PM
    • 309 Posts
    • 229 Thanks
    sgun
    I'm assuming you aren't in Edinburgh as they have a pretty relaxed no-quibble repairs policy these days as long as the homeowners are sorting it out themselves. (If you are Edinburgh let me know and I'll pass on our contacts at the council).

    I'm guessing the council are refusing to pay as you didn't consult. To all those replying who don't know anything about the Scottish system it is a long drawn out process where everyone has to be consulted, meet to discuss, vote, be given 28 days to pay into a non-interest current account,refunded if work hasn't started in 28 days...I'm sure I'm forgetting something but by the time we had organised a roof repair that involved 16 flats 18 months had passed and we had to get quotes all over again!

    If I were the OP I would be going down the route of emergency repairs that are hazardous to health (not just "urgent" i.e a roof leak into the corner of your living room might be urgent but unless it is hazardous to health other owners won't have to contribute to the costs is they weren't consulted first).

    This is the only way you can get repairs done without consulting other owners and I would assume that if the water was streaming into your bedroom it was hazardous to your health (as it was all over your bed and the carpet, sheets etc were wet through) Photos would help here.

    You don't have to wait for the council to repair stuff - they'll bodge it up anyway - just go through the correct consultations and get it done yourself. Yes it does take time and is a right pain but they can't refuse to pay if you go through the correct procedures. In this case though use the hazardous to health emergency repair and they will pay eventually. Have you got one person to deal with - this makes it much easier than just contacting the repairs department.

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