who pays for roof repairs?

charb56

Hi, we live in a converted victorian block of 5 flats. we are leasehold with a head lease and there are 2 directors of the head lease who live in the top floor flat.
we have all just been served a section 20 notice for external refurbishment which is due-however this also states the roof has been surveyed and needs to be replaced- £20,000 to be split 20% each flat.
in our lease it states routine refurbishment/repairs are 20% per flat but any further major works should be apportioned by the surveyor.
we all feel that the top flat benefits a lot more, also they are the only ones with access to the roof via their flat. the roof is dipped.
should we be appealing or is it a waste of time ? thanks

IAmWales

You all benefit from having adequate roofing!

Unless stated otherwise, it is the norm that roof repairs are apportioned equally. You're free to appeal but I doubt it will get you anywhere, and your neighbours aren't going to be particularly impressed.

eddddy

charb56 wrote: »

in our lease it states routine refurbishment/repairs are 20% per flat but any further major works should be apportioned by the surveyor.

If that's what the lease says, you can insist that a surveyor is instructed to do that.

Does the lease say what 'rules' the surveyor should use for apportioning cost? TBH, I think it's quite likely that they would confirm the 20% split.

But I guess it's unlikely that the surveyor would say that you have to pay more than 20% - so you don't have anything to lose by enforcing your rights, apart from annoying your neighbours!

...Except that there will be the surveyor's fee, which will also have to be shared amongst leaseholders.

00ec25

charb56 wrote: »

we all feel that the top flat benefits a lot more,

do you really live in a flat and yet still think that?

charb56 wrote: »

also they are the only ones with access to the roof via their flat..

so what, you all live in a building with 4 walls which needs a roof. Doubtless the ground floor flat has easier access to the garden, but presumably you all use it and pay for it?

charb56 wrote: »

the roof is dipped

then it certainly needs work before you find the dip means the roof is now in your flat and you have its benefits

charb56

ok I get it! I think have been brainwashed by the moaners who don't want to pay.....am totally new to this scenario so needed some facts. interestingly the 2 kicking up the most also have other buy-to-let flats so they are clearly well used to dealing with these situations-not sure what their game is!

charb56

a dipped roof is like a V shaped roof by the way

Cakeguts

This is what happens when water gets into a roof. It rots the roof timbers. If this goes on for any length of time the roof timbers fail and the roof collapses. When the roof collapses the timbers that are braced on the walls push the walls out and they collapse. So if you want to have walls to your flat I would suggest that you get as much benefit from having the roof repaired as the people who live just under it?

charb56

no it was built as a dipped roof-the whole street has them, I had never heard of it before, its not changed shape just leaky

eddddy

charb56 wrote: »

in our lease it states routine refurbishment/repairs are 20% per flat but any further major works should be apportioned by the surveyor.

Actually... I've just seen that the Upper Tribunal ruled that this kind of clause in a lease is void under the Landlord and Tenant Act 1985.

See: http://www.tanfieldchambers.co.uk/upload/files/Who%20decides%20when%20fairs%20fair.pdf

I think the bottom line might be that you could all voluntarily agree to pay 20% each, or you could take it to tribunal to get a decision, and end up with huge legal costs.

If you agree to pay the 20%, maybe say that you are doing so without prejudice, and without accepting that you are liable for 20% of the cost of future major works.

(Presumably the 5 flats are roughly the same size, and worth roughly the same amount.)

camptownraces

charb56 wrote: »

no it was built as a dipped roof-the whole street has them, I had never heard of it before, its not changed shape just leaky

Behind a parapet, and known as a London Roof?
Could be the lead flashing at the bottom of the V, or the coping stones at the top, or the parapet or the tiles...

bedruzenka

I have a similar issue with a leaking roof except I'm on the first floor. The people on the ground floor seem to think that they don't have to pay even though the lease states the repairs should be 50/50.
It is now going to be lengthy and expensive legal process to make sure the roof gets done.