Who pays for drainpipe over kitchen extension?

sarks

Hello, I hope this is the right place to ask this question.

I own a downstairs flat that has a small flat roof kitchen extension. Recently the pipe that runs over this from the upstairs roof drainage has come off in the bad weather and I am unsure who pays for this. Normally I believe the upstairs flat sorts out pipes from the roof and the downstairs flat sorts out drainage issues (at least so I believe). The flat upstairs is rented and I wanted to check before trying to get in touch with the landlord.

Any help would be appreciated.

macman

Who owns the freehold? What does your lease say? Do you pay a service charge for such repairs?

sarks

I own the freehold of the flat downstairs, there is no lease or service charge. Someone separate owns upstairs. No agreement was created when I bought this property from the original owner that owned both properties.

macman

You are in Scotland then?

sarks

No I'm in North East England.

macman

Then I don't see how you can have an exclusive freehold in such a property without an arrangement in place to cover repairs and maintenance of the common parts? What happens when the roof needs repair or replacement?
Are you sure you are not a joint freeholder along with the owner of the upstairs property?
If not then I suggest that you should contact the solicitor who handled your conveyance with some urgency!

sarks

No joint tenancy was created when I purchased. When the flat upstairs also sold I was contacted by a solicitor for the purchaser regarding an arrangement but I was unemployed at the time and couldn't afford the fee they wanted to charge me. So I'm not sure where this leaves me. Does anyone know?

sarks

I should say that I have no funds for legal advice which is why I asked here.

macman

The fee they wanted to charge you for what?
As I said, you need to talk to the solicitor who handled your conveyance about the precise status of your interest in the property.
No-one can give you legal advice without knowing the actual circumstances.
It sounds to me as though you are a leaseholder and they were offering you a share in the freehold-but that is just speculation.

sarks

The fee to create a tyneside tenancy agreement which doesn't currently exist. Those solicitors unfortunately no longer trade as it was some time ago I purchased. I have no idea what you mean about a precise interest in the the property?

macman

What has a tenancy agreement got to do with your freehold or leasehold ownership? What is a 'Tyneside' tenancy agreement?
What I mean is that you appear to be unclear about the basis on which you own the property, you need to take legal advice on that.