Neighbour stalling over shared roof repairs

Hauzen

Our downstairs neighbour seems to be stalling over agreeing to commencing work on roof repairs - I have done a fair amount of work in sourcing quotes, and even contacting my insurance company who sent out a surveyor and though they wouldn't cover it the survey confirmed that the repairs are required as a matter of urgency.

Despite a number of repeated requests my downstairs neighbour, who has a shared responsibility to pay half the repair costs for the roof, appears to be stalling on agreeing to start the work, stating a desire to contact their insurers to see if they would cover their half (coincidentally the same company as mine so already said that's not going to happen!) but seemingly not having done so yet.

I am concerned about the impact this delay could have on the structural integrity of the roof and would like to get work started ASAP. Where would I stand if I informed my neighbour I was going to press ahead with the repairs, gave them a copy of the preferred quote and asked them to pay their half? Would I be better to go through a mediation service first if the next time I speak to my neighbour they continue to stall?

Hintza

What if your neighbour hasn't got the money?

stephen25uk

Hintza wrote: »

What if your neighbour hasn't got the money?

thats what i was thinking....sounds like your trying to force something on your neighbour that for all you know they maybee cant afford to pay

Hauzen

The neighbour initially said "the money's there" when informed of the problem and has been kept up to speed with the process (informed that my insurance company wouldn't cover, informed about quotes etc).

It was only when we presented the preferred quote that they decided they'd rather contact their insurers about a month ago. I've spoken with them on two occasions since and they've said "we've not managed to contact them yet, we'll do it tomorrow" but evidently haven't followed through either time.

I've said we have no problem paying the balance for the work and then waiting a while before they repay us but they're continuing to stall on getting the insurance company involved. Clearly if we get the work done then there will be nothing for their insurance company to inspect, so could they then refuse to reimburse us for their half even though they're responsible as per the terms of the title deeds?

PasturesNew

My first thoughts were: "This bloke's in one of two flats" and the next thought was "The management company usually deal with this, it's in the lease, it's down to the freeholder to sort out the money with the other bloke".

So - why are you asking your neighbour directly for the money? Is it flats? Is there a freeholder? Is there a management company?

You can't arbitrarily wake up and decide the roof needs fixing and do it, then want money from neighbours.

Hauzen

PasturesNew wrote: »

My first thoughts were: "This bloke's in one of two flats" and the next thought was "The management company usually deal with this, it's in the lease, it's down to the freeholder to sort out the money with the other bloke".

So - why are you asking your neighbour directly for the money? Is it flats? Is there a freeholder? Is there a management company?

You can't arbitrarily wake up and decide the roof needs fixing and do it, then want money from neighbours.

We're in Scotland, in a four-in-a-block (ie two sets of upstairs and downstairs flats), both of us are mortgage holders so there's no management company, freeholder or whatever. All repairs are sorted directly by the owners.

Stan_Here

There must be something in the deeds that specify who is responsible for general structure maintenance - what about the other 2 flats? If you give the go-ahead for the repairs you will be responsible and you may have to sue the other(s) to get their contribution, providing the deeds place a liability on them. Get the others to agree in writing that they will pay their share, and if possible get the money up front. If they are concerned about giving the money to you (ie. they might not trust you) then go to a solicitor and all pay the solicitor to hold the funds on your behalf and make payment to the repairer.

arbroath_lass

Hauzen wrote: »

We're in Scotland, in a four-in-a-block (ie two sets of upstairs and downstairs flats), both of us are mortgage holders so there's no management company, freeholder or whatever. All repairs are sorted directly by the owners.

I thought roof repairs on four-in-a-block flats were a quarter each flat not half depending on whose side it is?

katejo

PasturesNew wrote: »

My first thoughts were: "This bloke's in one of two flats" and the next thought was "The management company usually deal with this, it's in the lease, it's down to the freeholder to sort out the money with the other bloke".

So - why are you asking your neighbour directly for the money? Is it flats? Is there a freeholder? Is there a management company?

You can't arbitrarily wake up and decide the roof needs fixing and do it, then want money from neighbours.

I used to have an upstairs flat in a terrace where the lease stated that the leasehold owner of the top flat was responsible for arranging roof repairs (cost to be shared by the owner of the lower flat). A problem occurred just before Christmas during very wet weather and surveys showed that a new roof was needed. the owner of the lower flat refused to pay, saying that the damage was slight. I was told that an independent surveyor would have to look at it for me to have any chance of making the other leaseholder pay up. This would not be possible until after Christmas and I could not wait that long due to the wet weather.
I had the work done as it was urgent and the other leaseholder never paid a penny.