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must I pay for repairs to my downstairs neighbour’s extension?

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Forget your opinionof what is 'fair'. it's irrelevant. As said above, if the roof leaked and rain came into your bedroom, it is likely that the downstairs flat would have to pay half the repair bill even though they were unaffected by the leak. I say 'likely' because it depends on the lease!


    So put aside you sense of grievance and refer to the relevant documents.

    Under the lease both leaseholders are jointly financially responsible for repairs to “the property” which is defined as the entire house.
    That sems unhelpful and unusual. 'the entire house' fails to distinguish between the internals of the flats (eg wall paper) and the structural aspects (eg walls, roof). Are you sure there is no more?


    But the implication is that gutters would be responsibility of the Freeholder, and thus shared between you (as you are joint freeholders.


    the fact that "downstairs neighbour cancelled the building works at the last minute due to costs." is irrelevant. As joint freeholders, you have joint responsibility to maintain the gutters (probably). The decision to repair or cancel was a joint one for which you had equal responsibility.
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