Roof Responsibility - Lease holder or Freeholder

Denizvee

Hi all,

I purchased a property 6 months ago (when the weather was starting to pick up) and have enjoyed my first 6 months in the property.

Last week I found a small sign of water ingress on my ceiling from my roof tiles. I went upstairs into the loft and investigated and found that little bits of water have been creeping through the tiles when the weather is very bad and the water goes through the insulation and onto the property ceiling. I have had a roofer come by and he said that he could see that the roof tiles have been worn over a period of time and due to wind and age he deemed that the roof tiles will need to be replaced (entire roof). I also asked for other traders to comment and quote - all coming back with the same response.

So my question is - When purchasing my property i paid more for a more in depth surveyor report to be carried out on the property which came back as seeming pretty positive apart from the odd bits and bobs which i have sorted out since but no where on the report did it state that the roof seemed in poor condition and may require attention. Do I contact the surveying company and ask them to cough up and get my roof sorted because they failed to spot it?

I have also been looking at my lease and can not gather whether I myself (the lease holder) or the Freeholder is responsible to roof maintenance? I pay £50 per 6 months for ground rent. The lease is written in such old English that it confused me more than it made sense every time I read it - Do I contact the solicitor firm that dealt with my purchase to explain it?

The roof has held up recently and I have not seen any water ingress but I am dreading the worst when it starts snowing and want this to get sorted out at the earliest opportunity.

So can someone with a bit of legal knowledge help? Is there a chance I can prevent digging into my pocket for this rectification or shall I dread the worst and look at getting a loan to cover the cost for a roof repair?

I have to add also that I live in a maisonette (2 flats). Downstairs is a woman living with her partner and she is also a lease holder.
I own the property upstairs and the garden including the loft space which previously used to have a water tank that both properties shared but now they both have combi-boilers (each in their respective properties). If it turns out that the lease holder is responsible for the roof structure does it also mean she is also? in theory the roof covers both properties - or is their a a law that states that the freeholder is responsible for the structure of the property and this includes roof tiles?

I do have home insurance but after research online it seems that insurance companies do not rectify roof issues unless weather issues cause damage to roof tiles by throwing them off or there has been internal damage to the property due to a leak.

Any help will be greatly appreciated.

Thank you all

anselld

Usually it is freeholder responsibility with costs being shared by the leaseholders. However, the definitive answer will be whatever the lease states. Have you asked the Freeholder?

What type of roof is it?

SeasideSally

If you paid for the basic survey that your mortgage company arranged, your roof was probably only seen from ground level. The surveyor might have gone into the loft space, but that might not have told him much if the water ingress hadn't kicked off at the time.

Denizvee wrote: »

]I have also been looking at my lease and can not gather whether I myself (the lease holder) or the Freeholder is responsible to roof maintenance?

Usually, the freeholder is responsible for repairs to the main structure of the building, including the roof and chimney stacks, but only your lease can answer the question for certain. Can you find mention of repairs to the main structure in your lease and paste the relevant part here?

Is there a chance I can prevent digging into my pocket for this rectification or shall I dread the worst and look at getting a loan to cover the cost for a roof repair?

Even if it is the case that the freeholder is responsible, the costs will be passed to you, and usually your fellow leaseholder (again, this is in the lease), so you'll still have to pay for the roof. Your lease should also tell you when the payment is made: as and when there are repairs, after them, before them, etc.

davidmcn

Denizvee wrote: »

Do I contact the solicitor firm that dealt with my purchase to explain it?

Why didn't they explain it to you when you bought? You shouldn't be buying property without understanding what the title says.

LadyDee

Generally, in leasehold blocks, all individual owners will be jointly liable to pay the costs of repair to the building - this would mean things like damp-proof courses, brickwork, windows, roofs. It is a pretty shocking and badly drawn lease if it is silent on these matters. The terms of the lease should have been fully explained to you by your solicitor, but didn't you ask these questions when you bought?

Browntoa

I'm in a leasehold property but I'm responsible for ALL property maintenance.

Depends on your lease

G_M

1) stop getting quotes tillyou know who's responsible.


2) your lease will specify who is responsible. If you don't understand it, find the relevant bits and qute them here, in full, and exactly as written. we can then help.


3) what exactly did your survey say about the roof? If anything.

LadyDee

Browntoa wrote: »

I'm in a leasehold property but I'm responsible for ALL property maintenance.

Depends on your lease

Hence "generally", and presumably the terms of your lease provide for that.

Tom99

[FONT=Verdana, sans-serif]But with maisonettes, one up one down and no common parts, it is also quite common for the upper flat to be responsible for the roof and the lower flat the foundations. [/FONT]

moneyistooshorttomention

What costs are you personally paying towards the building as a whole - apart from £100 pa ground rent?

What would the reaction of the ground floor flat owner be towards paying 50% of the roof costs?

What would your reaction be if the ground floor flat owner wanted you to pay towards work on the lower part of the building (eg foundations)?