Getting other leaseholder to contribute to repairs

donjay_2

The house I live in has been converted into two flats. I own the groundfloor flat. The owner of the first floor flat also owns the freehold to the building. Both leaseholders share responsibility for structural repairs including the roof. The roof is currently beyond repair and needs to be replaced (I have this in writing from the other leaseholder/freeholder in a letter dated over a year ago). However he says that he isn't going to pay for replacement as he is selling the flat (he used the same excuse eight months ago). The need for replacement has become critical (when it rains water comes through the ceiling of the upstairs flat). How can I compel him to go ahead with the repair?

Richard_Webster

Make sure you contact estate agents selling his flat and tell them about the issue. Do your best to catch potential buyers when they go round and tell them! He may then see sense.

To take it further you would need a surveyor to provide a written report explaining why the work is urgent and he would have to be prepared to give evidence in court. This would be needed if you end up taking action against the freeholder for not doing the work - so there's going to be a cost there.

chickmug

I have this problem on one of my rental properties and took my solicitors advice a few weeks back. They said there were laws they could turn to but it could end up taking a lot of time and cost a lot of money. My problem not being the roof, less critical but still needs attention.

So its a ..........!

I have decided, when I feel tactful, to talk to the other parties to try and resolve it without taking it on with the courts.

bryanb

It appears from your post that you are 50% responsible. Is that the case?

chickmug

No it is block of four which makes my problems worse but with a less expensive cost. The four are a combination of rented out or privately owned and lived in. I am not hopeful and will have to watch the place crumble.

Thank goodness it is the only leasehold place I have - a very bad decision to buy although it was a very good price and rental income is good.

princeofpounds

There ARE ways to enforce the obligations of the freeholder if they are not correctly pursuing them.

Try posting on the landlordzone long leasehold forum and contacting lease-advice.org.

donjay_2

Thanks for the replies. Yes, I am 50% liable for the costs. I'm going to try talking to him again before going down the legal road.

SouthCoast

You can also get help from The Leasehold Advisory Service:

http://www.lease-advice.org/

bryanb

chickmug wrote: »

No it is block of four which makes my problems worse but with a less expensive cost. The four are a combination of rented out or privately owned and lived in. I am not hopeful and will have to watch the place crumble.

Thank goodness it is the only leasehold place I have - a very bad decision to buy although it was a very good price and rental income is good.

Sorry, I was asking the OP not you. That's why I said 50%