roofing works / Share of Freehold / Contract

metso

We are about to initiate building works - replacing the roof of an old house (built 1901) split into two flats (upstairs & downstairs)

We own a 50/50% split share of freehold with the neighbours downstairs.

Our neighbours have agreed to share payment of the costs of the work and we have agreed on a roofing company to carry out the works.

However, our neighbours have just informed us this week that they will be leaving the UK this week for two years to work.
They have assured us that they still want the roof work completed and are happy to pay deposit etc.

The work has been pencilled in to begin in approximately 2 weeks but we have not signed a contract or paid any money to the roofing company.
We have the following concerns and questions:

1. Before going ahead with these building works should we have a contract drawn up between us and our neighbours/ the other 50% freeholders?

I feel that we should draw up a contract which clarifies

a) The payment process and responsibilities of all parties

b) Should any additional work be needed that only comes to light once the works commence, then I feel we should be able to make a decision without later consequence.

This would cover us should we need to make a decision in the absence of the other freeholders within reason of course.
Otherwise, what’s to stop them questioning and potentially challenging any additional costs that occur once the work begins and refusing to pay their share?

I would like to hear from anyone who has any other thoughts on what we should include in such a contract.
Also if anyone has experienced problems with other freeholders i a similar situation.

We obviously don’t want to jeopardise our relations with our neighbours but we feel it necessary to ensure that we’re not left in an uncertain position with regards to the work and the payment of the roof works. Especially as they will be so far away for the foreseeable future.

We’ll be living at the property and we’ll be overseeing the roofing work, so the responsibility lies with us to ensure that the work is done to a sufficient standard.

We will of course do our best to make sure that everything is done well but we are concerned that as our neighbours will be absent throughout the process that we may be taking on a role that might leave us vulnerable, should they return and decide that the work for whatever reason is not as they would wish.

metso

bump..
cause I sent this last night, wondered if any viewers today and any comments... thanks

Ectophile

Although you have a shared freehold, are the flats also leasehold? If so, there's a lot of formal process that may need to be gone through before doing any major work.

If you can get written agreement from the owner that they agree to the costs, then you can bypass most of that.

If you don't get written agreement, there's a risk that that they may take you to a leasehold tribunal, and argue that you did not follow the correct process, and so you are liable for the whole of the bill.