Deeds Problem advice please

NE5

yes, I presume he has the upstairs lease. 

canaldumidi

NE5 said:

canaldumidi said:

So the tiles form part of the roof which is the sole responsibilityof the upstairs leaseholder.

Whether the upstairs owner chooses to make an insurance claim is up to them, though you may wish to discuss, since it will affect your future premiums for the joint policy.

I assume your freeholder is the owner of the upstairs lease?

We don't have a joint policy ? Its fixed now, but he asked me if I would be prepared to split the cost, as per the lease, and I didn't say I would but asked him to forward the info to look at. 

I don't want to be at loggerheads here, but I don't want to be charged for something that isn't my responsibility, one day it could be the other way round. 

I see it specifies the roof, but what about the bit that says about repairiing common installations ? 

So you each insure separately? That is a potential recipe for disaster! But that's a different discussion.

The roof is not a 'common installation' as per the lease definition. Indeed the lease clearly states:

"the upper flat is responsible for the roof".

TBG01

canaldumidi said:

NE5 said:

canaldumidi said:

So the tiles form part of the roof which is the sole responsibilityof the upstairs leaseholder.

Whether the upstairs owner chooses to make an insurance claim is up to them, though you may wish to discuss, since it will affect your future premiums for the joint policy.

I assume your freeholder is the owner of the upstairs lease?

We don't have a joint policy ? Its fixed now, but he asked me if I would be prepared to split the cost, as per the lease, and I didn't say I would but asked him to forward the info to look at. 

I don't want to be at loggerheads here, but I don't want to be charged for something that isn't my responsibility, one day it could be the other way round. 

I see it specifies the roof, but what about the bit that says about repairiing common installations ? 

So you each insure separately? That is a potential recipe for disaster! But that's a different discussion.

It's not required for the Tyneside Flats setup which this is.

canaldumidi

TBG01 said:

canaldumidi said:

NE5 said:

canaldumidi said:

So the tiles form part of the roof which is the sole responsibilityof the upstairs leaseholder.

Whether the upstairs owner chooses to make an insurance claim is up to them, though you may wish to discuss, since it will affect your future premiums for the joint policy.

I assume your freeholder is the owner of the upstairs lease?

We don't have a joint policy ? Its fixed now, but he asked me if I would be prepared to split the cost, as per the lease, and I didn't say I would but asked him to forward the info to look at. 

I don't want to be at loggerheads here, but I don't want to be charged for something that isn't my responsibility, one day it could be the other way round. 

I see it specifies the roof, but what about the bit that says about repairiing common installations ? 

So you each insure separately? That is a potential recipe for disaster! But that's a different discussion.

It's not required for the Tyneside Flats setup which this is.

Agreed - but it's stll a recipe for disaster! (and still a different discussion...)

NE5

so what do you suggest I do, not only for this current roof damage, but for future mishaps or damage. 

Should I suggest taking out a shared policy with him, and how does it affect my current house insurance ? 

NE5

Does everybody think I should not pay towards this roof repair ? 

mrschaucer

The leases set out what each flat is separately responsible for.   Each buyer read his lease before purchasing.  The upper flat is responsible for the roof.  

canaldumidi

NE5 said:

There is 3 pages of info, do i need to photograph mire ?

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NE5

Many thanks to everybody for the replies. I'm mulling over making a goodwill gesture, but make it clear that is what it is. Slightly seperate question, is as I own the downstairs leasehold, is it normal or the done thing to charge the upstairs owner a small rent, or is it one of those things that nobody does.

NE5

Sorry for coming back to this again.

Is there any circumstances that would entail responsibility for the roof of a Tyneside flat coming down to or being changed to a shared responsibility between the upstairs and downstairs owner (see previous photo)

If I the downstairs owner (me) owns the leasehold of my downstairs flat and the freehold of the other flat.