Liability for roof?

Lisa5246

I currently own/ live in a property that was converted many years ago into one lower and one upper 1/4 villa. I own the lower and whenever there has been problems with the roof my neighbour upstairs has been telling me I am liable for half of it. However, recently someone mentioned that if they have converted the roof/ loft space into bedrooms then I shouldnt be liable, does anyone know if this is the case?

phill99

If you were living in a purpose built block of flats, there would normally be a service charge and a management agreement in place. The former collects a monthly charge from each individual flat that pays for common area costs (lighting, cleaning etc) as well as maintenance of common parts and the external building fabric including walls, windows, foundations and , strangely enough, the roof. This is because all of the flats benefit directly or indirectly from maintenance on the walls, roof etc. therefore all flat owners are jointly responsible.

In your case, both of your flats benefit from the walls being maintained, along with the roof and the foundations. Therefore I would suggest it wouldne appropriate for both of you to contribute. Also remember, there may be a time when you need to do work on the foundations and may wish to seek contributions from the upstairs flat owner.

loubel

Your starting point should be your Lease. Do you still have the paperwork from your solicitor from when you bought? This should explain how maintenance costs are split.

G_M

Why not read the lease you bought to see what your liabilities are?

I'm afraid I'm not psychic, so can't read it from here!

Torry_Quine

I live in a ground floor flat and when there is work needed to the roof I am liable to pay 1/4. Conversely when work was needed on the drains upstairs had to pay 1/2. There are four flats.

G_M

Torry_Quine wrote: »

I live in a ground floor flat and when there is work needed to the roof I am liable to pay 1/4. Conversely when work was needed on the drains upstairs had to pay 1/2. There are four flats.

Quite a common arrangement. But it doesn't help the OP.

His lease may be totally different to yours.

cattie

As others have mentioned, you need to read your lease to see how maintenance charges are approportioned.

If your neighbour has extended into the roof/loft space, then they must own it. It either would have been part of the property from the outset, or the freeholder sold the loft space to the leaseholder to enable them to extend.

Owning the roof/loft space doesn't mean they own the roof, only the void under the roof.

Sometimes people do assume they own this space by the very fact that they own the top floor flat and extend up there 'illegally' when it might not even be part of their property.

It's possible that your neighbour is in fact the freeholder, but you do need to acqaint yourself with who the freeholder is and what is what with regards to maintenance by going through your lease.

Torry_Quine

G_M wrote: »

Quite a common arrangement. But it doesn't help the OP.

His lease may be totally different to yours.

I don't have a lease though I own my flat outright.

G_M

Torry_Quine wrote: »

I don't have a lease though I own my flat outright.

:rotfl:

Yes you do!

You have bought the rights to live in the flat for... 99 years? 80 years? 125 years? (you need to read your lease to find out!)

The land on which the building stands, and the structure of the building, is owned by a 'freeholder'.

The freeholder sells each flat owner a lease to live in their particular flat for a set period of years (which diminishes as the years pass), (and the original leaseholder can then sell the lease - ie the flat - to another person. This is what you bought)

The lease also specifies who pays for what in the building (eg the roof!), and who has what rights within the building.

If you go to the Land Registry site here, and put in your address, it will show:

* Freehold Title and
* Leasehold Title

If you pay £4 for the leasehold title, you will find your name shown as the owner. (if you pay another £4 you can find out who owns the Freehold!)

(I believe things may be different if you are in Scotland).

In a very few cases, I believe there are flats in England with no lease, but these are impossible to get mortgages on, so almost impossible to buy/sell.

edit: ps.
If the owner of the lease (flat) upstairs, has "converted the roof/ loft space into bedrooms" they would need the permission of the Freeholder to do this.

Torry_Quine

G_M wrote: »

:rotfl:

Yes you do!

You have bought the rights to live in the flat for... 99 years? 80 years? 125 years? (you need to read your lease to find out!)

The land on which the building stands, and the structure of the building, is owned by a 'freeholder'.

The freeholder sells each flat owner a lease to live in their particular flat for a set period of years (which diminishes as the years pass), (and the original leaseholder can then sell the lease - ie the flat - to another person. This is what you bought)

The lease also specifies who pays for what in the building (eg the roof!), and who has what rights within the building.

If you go to the Land Registry site here, and put in your address, it will show:

* Freehold Title and
* Leasehold Title

If you pay £4 for the leasehold title, you will find your name shown as the owner. (if you pay another £4 you can find out who owns the Freehold!)

(I believe things may be different if you are in Scotland).

In a very few cases, I believe there are flats in England with no lease, but these are impossible to get mortgages on, so almost impossible to buy/sell.

edit: ps.
If the owner of the lease (flat) upstairs, has "converted the roof/ loft space into bedrooms" they would need the permission of the Freeholder to do this.

I'm in Scotland! :rotfl:

Find it really strange that you own a property for a set time as the land isn't yours. My flat is all mine.

G_M

Torry_Quine wrote: »

I'm in Scotland! :rotfl:

Find it really strange that you own a property for a set time as the land isn't yours. My flat is all mine.

Ah there you go! Hoisted by my own petard! ( what is a 'petard'?)

From what I understand (limited) in Scotland there is frequently a managing agent or 'factor' who manages the mainenance/repairs etc, and in other cases there are informal arrangements made by the different flat owners.

English system seems far clearer, with a lease specifying who is responsible for what!

There's a thread here.

And Scottish legal dictionary here.

Responsibility for repairs and maintenance in common areas in scotland

edit. Found it.!