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A little bit of legal advice

johnwright13
johnwright13 Posts: 3 Newbie
edited 9 July 2013 at 12:05AM in House buying, renting & selling
..............
«1

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 8 July 2013 at 10:03PM
    If

    1) your lease says you are liable for half the cost of repair to common parts (very usual in a lease) and
    2) there have been repairs done to common parts (eg the roof)

    then yes, you have to pay.

    The roof covers your flat as well as upstairs. Just not quite so directly!

    However:

    * who arranged the works?
    * how many quotes did they get?
    * How much was the cost?
    and critically:
    * who owns the freehold?
  • johnwright13
    johnwright13 Posts: 3 Newbie
    edited 9 July 2013 at 12:05AM
    ..............
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    johnwright13 wrote: »
    ... i am the freeholder of upstairs and they are the freeholder of the downstairs, its a cross over lease set up. Thanks
    Ooops!

    I guess you bought for cash. Mortgage lenders don't like these, for good reason!
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    johnwright13 wrote: »
    To be honest i'm not to happy about paying as i kknow contractors as friends who would of done the job a lot cheaper.
    I think you have reason to be aggrieved about this - but the reason you give is one of the worst reasons - and if you are going to take this forward forget that particular reason

    G_M has asked the relevant questions, to which I would add "What was the defined scope of the work?" and "Was it necessary?"

    You definitely should have been consulted before work started as a matter of courtesy if nothing else..
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • johnwright13
    johnwright13 Posts: 3 Newbie
    edited 9 July 2013 at 12:05AM
    ...................
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    So the leaseholders of upstairs have had work done on the roof and are asking for your contribution towards it. But they are asking for this in their position of freeholders of your downstairs flat?

    Who is the actual freeholder of the roof, if this is a weird floating freehold?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    So do your respective leases say anything about how repairs are to be managed?
    Do you (jointly) employ a management company to manage the building?
    Who insures the property?
    Are there common maintenance overheads (lighting in common hallway? Gardens? How are these paid for?

    All this sort of stuff should be laidout in the leases. If the leases are silent, then presumably when there are joint actions required etc that affect both leaseholders, they should discuss/agree them before progressing, otherwise....

    well, that's why criss-cross leases like this are a source of potential nightmare.

    From the limited info available, you have options:
    * refuse to pay. See if upstairs takes you to court
    * pay. Maintain relations with upstairs, but sit down and discuss how to manage things better in future
    * negotiate. Explain you were not consulted, believe the work was un-necessary/over-priced, and attempt to reach a compromise (eg you pay 1/3rd)
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Why erase your posts?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    princeofpounds wrote: »
    Why erase your posts?
    ???
    Embarrased to have admitted he felt it wrong to have to pay half the cost of a new roof? After all, why should he? If it rains, it's the flat upstairs gonna get wet!

    Didn't get the answers he wanted?

    Who knows!
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    johnwright13 wrote: »
    ..............
    johnwright13 wrote: »
    ...................
    johnwright13 wrote: »
    ..............

    What upset him???
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
This discussion has been closed.
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