Leaking Roof

michaelkav36

Hi, i was wondering if anyone could help.

Upon buying a leasehold flat we noticed the roof had a small leak, in a small roof on a back extension, this connects to and forms part of the main roof (we are the middle flat, the flat above is within the main roof if you follow.)

We probably should not have tried to fix it ourselves, but my partners dad is a builder so thought we would just try to without the need to contact the freeholder.

Sadly this has not worked and the leak is still active when it rains. A problem arose when the next door owner came knocking saying he had a leak and it was our buildings fault. He was trying it on so wont go into this, but the roofer said he thinks that a couple of cracked slates on his roof is the cause of the leak.

Our roof is a new concrete tiled roof and next door is a slate one, which he said he had re done 10-15 years ago (he seem to think his roof is brand new.)

The join between is a felt lap and he is saying his roof was damaged when this was done in 2007. I had a roofer look at the roof and he said he thinks it is the cracked slates, i told him this and he said i was passing the buck, so i told him he needs to get it fixed, he said he would have a look first. This was 2 weeks ago and nothin has been done.

I know i should probably have told the freeholder to fix it, but the freeholder wants nothing to do with the building, he has yet to even send any invoive for the service charge and ground rents etc, i even have arrears monies owed to him which he has yet to request.

Does anyone know a solution to this, can i contact the building insurer directly without going via the freeholder.

sorry for the long post.

regards

dopester

Does anyone know a solution to this, can i contact the building insurer directly without going via the freeholder.

Our building insurance firm refused our claim. They said it was industry practice not to pay the costs of a repair to roofs from wear and tear - unless it was accidental damage from a big storm ect.

They said that was up to us to pay to replace the damaged tiles which allowed water/rain in. We couldn't find exactly where it was entering, so replaced the entire lot with a different type of tile.

After we (I) independently paid the costs of the roof to be replaced, the insurers began repair on the internals, where the water had seeped through and caused damage, which they did accept the costs to fix.

michaelkav36

would the recent cold weather count as accidental damage do you think?

Fire_Fox

michaelkav36 wrote: »

I know i should probably have told the freeholder to fix it, but the freeholder wants nothing to do with the building, he has yet to even send any invoive for the service charge and ground rents etc, i even have arrears monies owed to him which he has yet to request.

Does anyone know a solution to this, can i contact the building insurer directly without going via the freeholder. would the recent cold weather count as accidental damage do you think?

Please do not withhold monies as you put yourself in breach of contract - service charges that have not been formally demanded are not due but I would strongly recommend you pay your ground rent, as the amount is clearly due on a specific date under your long lease.

For service charges worst case scenario you get taken to the county court, the legal costs and arrears are added to your mortgage. For ground rent worst case scenario is your flat is repossessed. If you believe any charges not to be "reasonable" or "reasonably incurred" you can challenge them at an LVT - even those you have already paid.

Buildings insurance doesn't cover failure to maintain: a well maintained roof is able to withstand cold weather! Your long lease will clearly set out the freeholders responsibilities in respect of repairs and maintenance so read this thoroughly. You need to report the problem in writing by recorded delivery to the superior landlord.

If there is a problem with the freeholder not fulfilling his duties this needs addressing not sidestepping, as it has the potential to devalue your flat. Freeholder's repairing obligations can be enforced through the LVT but they will not take you seriously if you have not even bothered to report the leak to your superior landlord.

This website explains all the rights and responsibilities attached to leasehold properties, and how you go about enforcing them. As stated this must be read alongside your long lease.
http://www.lease-advice.org/publications/