Roof repairs organised by neighbour - who is liable?

rm_82

Hello everyone, I hope you can help!

Around six weeks ago, scaffolding was erected in front of our block of tenement flats. Living in Edinburgh, we have access to an online Council system that lets us check if a statutory notice has been placed by Buildings Standards for a roof repair; but none had. A top floor flat in the block had very recently sold to a builder, so we assumed the scaffolding was to allow him easy access to the windows/roof for work they were undertaking, and thought no more of it.

We have recently received a letter from the previous owner of said flat, saying that he had undertaken repairs to the roof in order to seal the sale of the flat to the new owner. He says he contacted the council, and was told they 'weren't issuing any more statutory notices' so he had to hire a roofing company to do the work himself. Basically, he is now looking for everyone's share of the money to pay the bill.

Problem is, this is the first that we, or our neighbours (at least, the ones we have managed to speak to so far) have heard of it! He has enclosed the quotation from the company that did the work, which dates back to August; so it seems he was aware of the roof problems before he moved out. I've seen him a couple of times since the date of the quotation, but he never mentioned the works would be taking place.

The quotation doesn't give a lot away, and the stat notice situation seems unlikely to me if the roof required essential work (for example, to repair a leak, or secure some loose masonry. Am awaiting a response from the council to see if they can verify his story re. stat notices.

Meantime, can anyone tell us where we stand legally? On face value, he seems to have organised the work himself, informed nobody, and is now looking for all flats in the block to stump up their share. Can he do this? There are 16 flats affected, and luckily the figure per flat isn't huge, but it's big enough this close to Christmas. None of us know what to think!

Thanks for reading this far; I hope you can help.

R xx

paddy's_mum

I have absolutely no idea of the legalities of the situation under Scots law but my gut reaction would be to suggest that when the former neighbour coughs up the fees for an inspection of the work by a professional surveyor, who is answerable only to all the other flat owners, then you will cough up your part of his building works costs.

How do you know that the work was done to a competent standard and was it done by a friend of a friend of your former neighbour?

On the other hand, if there was maintenance that benefited you all, it is only fair that you share part of the costs. Only my non-legal viewpoint but hope it gives you food for thought.

nearlyrich

paddy's_mum wrote: »

On the other hand, if there was maintenance that benefited you all, it is only fair that you share part of the costs. Only my non-legal viewpoint but hope it gives you food for thought.

Only fair to have advance notice though surely not after it's been done?

KateLiana27

He should have approached you before, not after, the work was done.

Have a chat with your other neighbours (who I guess are similarly minded), and write a joint letter telling him politely to take a hike.

ormus

ive no idea re scottish law, but in england id be telling him where to go.
i wouldnt be paying up unless a county court judge ordered me to.

DVardysShadow

KateLiana27 wrote: »

He should have approached you before, not after, the work was done.

Have a chat with your other neighbours (who I guess are similarly minded), and write a joint letter telling him politely to take a hike.

And don't forget to engage your own surveyor as a group, to check the quality of the works and charge the surveyor and any remedial work to this neighbour.

rm_82

Thanks all for the support - glad to know it isn't just me that thinks he's gone about this the wrong way!

I've done a little more digging - it seems Edinburgh Council's Stat Notice system has been under investigation over the past few months due to some suspicious goings-on :shocked:

So there could be some truth in his story about being told that he couldn't obtain a stat notice to enforce the work after all... (though this would suggest the work wasn't essential or urgent if the council didn't deem it necessary to impose a stat notice to make sure it was done.)

After a bit of reading into Common Repairs, it seems the way he should have gone about this would have been to:

1) Contact all owners to notify them about the work to be done
2) Arrange three quotes to get an idea of a fair price
3) Notify all owners of the three quotes and his preferred firm to carry out the work, plus the likely cost per flat

...and then, critically...

4) Gain agreement from at least the majority of owners in the block that the work should take place as suggested, in order to ensure that everyone in the block then becomes responsible for paying their share

Are there any legal clever-people who can confirm that in a case like this, he would need a majority to enforce payment?

The other way to look at it could be, as he has instructed the contractor, is he liable for the bill?

I feel a bit torn - was talking to my other half about this, and we agreed that if he had popped his head round the door a few months ago and told us what was going on, we wouldn't have thought twice about paying 'our share'. It's the fact that he's kept schtum, then hit us all with a letter out of the blue that makes me think he could be at it!

jennifernil

I take it you have no factor in place then? Do you self factor? How have common repairs been handled in the past?

rm_82

jennifernil wrote: »

I take it you have no factor in place then? Do you self factor? How have common repairs been handled in the past?

No factor in place, unfortunately. Any repairs have previously been managed by the Council through the Stat Notice system (they co-ordinate the quotes, the work and the collection of payment).

With 16 flats 'under the roof', I can see why it's always been done through the council - it's a lot for one person in the block to take on.

jennifernil

The statutory notice system seems to be more or less unique to Edinburgh, but I am surprised you have no factor or management committee in place to organise day to day stuff like close cleaning and maintenance, common area electricity bills and even buildings insurance.

If you had a factor, they would be able to authorise expenditure up to a certain amount, then for anything more they would need to obtain quotes, send them out, get majority agreement, often even up-front payment, before the work could go ahead.

Not sure how urgent repairs (like a leaking roof) are handled as anything like that has been as an insurance claim on our daughter's building, but it doesn't sound like this was that urgent. I think a call to the council for advice on how it should have been done sounds like a good idea.

I would agree with your summary of how things should have been done. He cannot just go ahead with something like that and then expect others to pay up.

jennifernil

This may offer some advice....

http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_and_maintenance_in_common_areas

You need to read your title deeds.