Advice on a letter for neighbours with regards to shjared work that is required

DeeEyeNo

Hi all,
I need to approach the block of flats anjoining mine regarding an issue with their roof which is affecting my property. I've drafted a letter to hand to them/post through letterboxes and would appreciate any feedback. Here it is...

Hi there,

I live at <my address>. I recently noticed damp spots in my flat and called out a roofer. He has fixed several issue with my roof but also noticed issues with the roof of your block (<their address>) that, due to our shared walls, was contributing to my issues. The facia of the roof is rotting and, as I understand it is allowing water in behind the concrete, which is seeping down into my attic. If you look up from the car park you can see quite clearly that the facia is in a bad state.

The roofer I used, ***** Roofing, has provided me with a quote to fix this issue, which I have included here. I presume your block of flats is similar to mine in that all tenants are jointly responsible for the roof. If this is the case, the cost would be £1150 divide by 7 (the 6 flats in <their address> plus my contribution), which would equal approx £164 each.

If you are the owner/occupier, can you contact me using any of my details below to let me know if you are agreeable to this please? If you are not the owner, can you contact me with details of your landlord/factor please so I can contact them?

I would really appreciate it if we could all attend to this as a matter of urgency

Cheers

Jeepers_Creepers

If I lived in another of these flats, and someone in another block sent me a latter like that, I'd...I'd... track them down and kiss them.

Such reasonableness :-)  

But, why aren't ALL the flats in YOUR block also sharing this cost?

And isn't there a Freeholder who should be handling this? I think this is an issue to be handled between your freeholder and theirs. The good things is, you've now had a quote, so if the FH comes back with "No prob - I'll sort it - it'll cost £3k..." you can tell the occupants of ALL the flats what the score is.

theoretica

Scotland?  So probably no freeholder, but there might possibly be a factor for the block.  And one slightly annoying issue is the missing share schemes mostly have a minimum amount that they won't get involved with and this is below it so if there are hold outs there will need to be some other way found. 

I see other complications though:  If it is their faschia why are you planning on paying a share?  If it is partly your building's responsibility then why are the other flats in your building not contributing?  Also why divide flatwise and not eg half to their building half to yours and divide those halfs by the flats in each building?  From what you say about fascia it sounds like this bill should perhaps just be theirs and you have already covered the work on your building? 

DeeEyeNo

"And isn't there a Freeholder who should be handling this? I think this is an issue to be handled between your freeholder and theirs. The good things is, you've now had a quote, so if the FH comes back with "No prob - I'll sort it - it'll cost £3k..." you can tell the occupants of ALL the flats what the score is."

As theoretica guessed, I'm in Scotland

"I see other complications though:  If it is their faschia why are you planning on paying a share?  If it is partly your building's responsibility then why are the other flats in your building not contributing?  Also why divide flatwise and not eg half to their building half to yours and divide those halfs by the flats in each building?  From what you say about fascia it sounds like this bill should perhaps just be theirs and you have already covered the work on your building? "

Part of the work is to remove cracked/damage on the shared wall. Their block is a storey higher so this is a wall that extends up from the edge of my flat and forms the exterior of their top storey. I questioned this but roofer says the wall is partly my responsibility. I am still not sure but thought I'd just volunteer to chip in just to try and get it done quicker.

DeeEyeNo

theoretica said:

 And one slightly annoying issue is the missing share schemes mostly have a minimum amount that they won't get involved with and this is below it so if there are hold outs there will need to be some other way found. 

I am led to believe some of these flats are privatly owned and some are rented. From the above, if they fall under a factor, does this mean they might not pay due to it being less than their minimum amount?

DeeEyeNo

DeeEyeNo said:

Part of the work is to remove cracked/damage cement on the shared wall. 

Edited for clarity

theoretica

DeeEyeNo said:

theoretica said:

 And one slightly annoying issue is the missing share schemes mostly have a minimum amount that they won't get involved with and this is below it so if there are hold outs there will need to be some other way found. 

I am led to believe some of these flats are privatly owned and some are rented. From the above, if they fall under a factor, does this mean they might not pay due to it being less than their minimum amount?

Not what I meant - the shared scheme is when the council steps in if some people refuse to contribute, but (depending on council) it needs to be a certain level of bill and this looks too low.

What if anything do your deeds say about that wall?

DeeEyeNo

theoretica said:

DeeEyeNo said:

theoretica said:

 And one slightly annoying issue is the missing share schemes mostly have a minimum amount that they won't get involved with and this is below it so if there are hold outs there will need to be some other way found. 

I am led to believe some of these flats are privatly owned and some are rented. From the above, if they fall under a factor, does this mean they might not pay due to it being less than their minimum amount?

Not what I meant - the shared scheme is when the council steps in if some people refuse to contribute, but (depending on council) it needs to be a certain level of bill and this looks too low.

What if anything do your deeds say about that wall?

Firstly thanks for the help with this. I really appreciate it. I've never had to deal with this sort of stuff before. Thanks for clarifying that.
The deed doesn't explicitly mention the wall. The only two mentions of the other nighbours seem to be in relation to  the shared car park and the paths (these are the parts that it mentions are tinted brown)...

a right of property in common with the proprietors of the remaining flats in said

tenement and the proprietors of the flats in the tenement lying to the east

and west thereof numbers <them> and <block at other side of us> Madeup Street, Madeuptown, to the car parking

area, entrance pend and other ground, all tinted brown on the said Title Plan:

Under burden of payment along with the proprietors of the remaining flats in said tenement and

the flats of the tenement numbers <them> and <block at other side of us> Madeup Street, Madeuptown, of the cost of maintaining and

keeping in repair the car parking ground and pending all tinted brown on the Title Plan and that

again in the proportion to which the Rateable Value of the subjects hereby disponed bears to the

total Rateable Value of the whole subjects in said three tenements: