Should the flat downstairs share the cost?

mvk0016

Hi,

We recently managed to buy our own flat and while we were having some work done (with a tight budget) the builders discovered that after heavy rain the roof was leaking and the walls adjacent to the leak were quite damp and mouldy, actually BLACK after the wallpaper that was covering them was removed.

We had a quote from a local roofer (we are in London, SE7) and he said it would take around £3000 to fix (the cement fillets in the valley connecting the two roofs have to be replaced fully), and we were wondering if we could share the cost with the flat downstairs, as it surely would affect them eventually if the water kept coming in and getting the walls all damp. Also some of the roof beams were totally rotten and had to be replaced by our builders, and the guttering in the back and front of the house was missing parts and was bent, and that's also something that is "shared" by the whole house, not just the top flat.

I would appreciate any advice you have if you've been in a similar situation, the current owners of the flat downstairs are renting it out as they live somewhere else in the UK, but I guess we could get the phone number from the tenants. Last thing to note, when we bought the house the buildings insurance was already in place for both flats, i.e. we were given the paperwork of what we have to contribute on our side, but both flats are insured under the same policy, which I also haven’t heard of before (I thought we had to take out our own insurance, and probably they’re overcharging us as well, can we get out of it?)

markdavey

Surely the terms of the maintenance of the actual building is made clear in your deeds or at least through the due dilligence that your solicitor should have done when you purchased the property. I would suggest you should have all the necessary information in your paperwork from the purchase that tells you who should pay for what etc.

SailorSam

I don't know about the flat downstairs paying a share but if the roof leak is where the roof is linked to next door, what about them paying half. Is the upstairs flat there damp.

Just found this:

FLat owner- wh is responsible for the roof? - MoneySavingExpert.com Forums

dmg24

markdavey wrote: »

Surely the terms of the maintenance of the actual building is made clear in your deeds or at least through the due dilligence that your solicitor should have done when you purchased the property. I would suggest you should have all the necessary information in your paperwork from the purchase that tells you who should pay for what etc.

I agree, assuming the flats are leasehold this should all be set out, and a management company in place to sort out issues like this.

mvk0016

The leak is in the area of the roof where the front roof joins the back roof, so it's not shared by a next door flat, it's just that the front roof is higher up and the back roof lower down, as the house is in a slope. The downstairs flat is a freehold, the one we own is a leasehold.

The people who hold the freehold for the flat we bought are not the owners of the downstairs flat, the downstairs owners bought their freehold for their flat separately from the freeholder, who now only owns the freehold for our flat. (It's totally messed up, I know, and we're considering buying the freehold off him but that would have to come at a later date, as we can't afford it right now).

ic

If I were you'd I'd be asking your solicitor. Common sense says the downstairs flat benefits from a roof just a much as you do so should pay, but there should be some sort of an agreement written somewhere. I have a house, and my deeds tell me who pays what with regards the shared gutters and downpipes, fences and walls. It should be the same for you too.