A leaking roof - who's responsible?

fizzyjim · 17 July 2016 at 9:59PM

Hello all,

First time post here - I hope you'll be able to help out with a rather awkward issue ...

We live in an apartment block, just below a penthouse and in recent years there have been three leaks during very heavy rain. Each time the managing agents have arranged for re-decoration of parts of our hallway, but we are thinking about selling and realise that there is no conclusive proof that the problem has been addressed (it doesn't happen regularly and isn't really damaging, but would have to be declared during conveyancing).

The owner of the flat above has had some work done by his builder which may have exacerbated the problem, so has arranged for some repairs to his property as a 'favour' from his contractors. He says it is in fact the freeholder's responsibility to sort out! So at present, I am not sure where I should take this.

If I were buying our flat, I would want evidence that this issue was remedied. Sadly the managing agents have done little to help, and the owner of the penthouse does not want to put in writing the work he has had completed to remedy the situation (he tells me his builder did this informally, so will not guarantee the work).

As it happens, the penthouse owner recently bought his property so wasn't aware of previous problems. Who is responsible for sorting this out? Dialogue has been dragging on for three months now and the building insurance providers won't pay out our claim until proof the situation has been addressed. We will need to move in the new year and can't have any uncertainty making it difficult for us.

It is very frustrating that this seems out of our hands! Thank you for all your comments and help.