Leaking roof in a leasehold flat

bedruzenka

Hello,I wonder if someone could offer advice. I live in a house split into 2 flats which are both leaseholds. I'm on the first floor and the roof has been leaking for almost 2 years.The freeholder's management agency was very slow in serving section 20 and collecting quotes but finally in January 2016 we were asked to pay our half of the cost for new roof (the other half is supposed to be paid by the downstairs people). We were given time till 30th April to pay which we did.Then we discovered that downstairs people were refusing to pay and they dragged it on the rest of the last year. January 2017 we were served another section 20 regarding the new roof.
We didn't pay anything because they've kept our money since April 2016. We have water flowing into our property when it rains and they don't care.The managing agency is refusing to give us money back because they keep saying the roof will be done as soon as people downstairs pay their half.They won't tell us the exact reason why downstairs people aren't paying.
I have been to CAB and I've spoken to lease advise.
They told me to get solicitor involved. Is that the only option? Sorry it's so long.

IAmWales

What did the people downstairs say when you spoke to them?

eddddy

Assuming the lease says the freeholder is responsible for the roof...

By not repairing the roof, the freeholder is breaking the terms of the lease. You can take legal action against the freeholder.

See: http://www.lease-advice.org/faq/what-can-i-do-if-my-landlord-breaches-their-obligations-in-the-lease/

But it's likely to be expensive, and you probably would need a solicitor. However, you can certainly threaten the freeholder with legal action, if you want.

And it would then be for the freeholder to take legal action against the other leaseholder - but that's the freeholder's problem, rather than yours.


You can probably claim for the cost of extra damage caused to your flat, because of the delayed repair. (But the freeholder would probably charge 50% of the claim back to you via the service charge.)

bedruzenka

Thank you for your replies.
We have already threaten them with legal action and it got us nowhere.
We don't pay any service charge.
We only pay ground rent and buildings insurance to the freeholder.
I guess we won't get anywhere without a solicitor but we can't really afford one.
Also it states in our lease if we take freeholder to court we may be liable for their legal expenses.
Thank you for your help

Soundgirlrocks

bedruzenka wrote: »

Also it states in our lease if we take freeholder to court we may be liable for their legal expenses.
Thank you for your help

I would suspect that is if you are unsuccessful

sparky130a

bedruzenka wrote: »

We don't pay any service charge.
We only pay ground rent and buildings insurance to the freeholder.

I'd suggest therein lies the problem.

There's no money in the pot...

And your neighbour downstairs doesn't believe the roof is their problem. They've got their ceiling/your floor for protection.

warehouse

sparky130a wrote: »

And your neighbour downstairs doesn't believe the roof is their problem. They've got their ceiling/your floor for protection.

Then next time it rains hard make sure that the leak makes its way downstairs. That'll get their attention.

bedruzenka

Whatever the downstairs neighbour may believe we both have leaseholds contracts which states that the roof is a shared responsibility 50/50.
It's hard to explain but where the water is flowing into our flat is in the corner of our bathroom so water may be going into downstairs as well.

aneary

Have you spoken to downstairs?

It may be that they don't actually have the money or may be that they don't think they are reasonable not saying that's your fault but if you know why they aren't paying you maybe able to push the freeholder on the issue.

bedruzenka

To put mildly the downstairs people aren't the easiest to talk to. They either shut the door in our faces or we get sworn at for trying to talk to them.

sparky130a

warehouse wrote: »

Then next time it rains hard make sure that the leak makes its way downstairs. That'll get their attention.

bedruzenka wrote: »

To put mildly the downstairs people aren't the easiest to talk to. They either shut the door in our faces or we get sworn at for trying to talk to them.

I couldn't possibly condone the former........

Downstairs people need to wake up.