Roof top terrace leak - whoses responsibility

missslbell

I live in a terrace townhouse where the neighbor (left) has a private/exclusive access to a roof top terrace on top of my property and the adjacent (right) 

I had a leak in through the ceiling, and the neighbor had to give access to get a roof assessment , but isn’t assuming responsibility for the cost of repair/make good my place

any ideas how to resolve without expensive legal bills ?? 

Jeepers_Creepers

Is the roof owned by your property, but the neighb has user rights over it?! I presume your place is a flat? Who is the Landlord of yours and the neighbs'?

If the roof is owned by your property's LL, then the external repair is their responsibility, and it's for them to sort out the issue - if they want to - between them and the neighb who has rights to use the terrace. Ie, if your LL determines that the neighb has been negligent up there, then they can force the neighb to pay.

The inside, however - ie your flat - that's your responsibility, and for you to claim off your insurance. That might seem unfair - and sometimes it is - but roof leaks just happen - they always will. However, where the situation changes is when you can show that either your LL or the neighb has been 'negligent' and have not maintained the roof, so a leak was almost inevitable. Or if, say, the neighb did something silly that caused the leak - screwed some retainers through it, lit a barbie on it - that sort of stuff!

What a weird setup, tho'. Why does this neighb have exclusive user rights over 'your' roof? Are the two properties (and the other one to your right) owned by the same person?

missslbell

Hi Jeepers_Creepers 
My place is a two storey townhouse, next door is three storey with exclusive access/use to the roof on top of my place
Different owners, the roof is not included in the boundary in my ownership deed 
So in my very they have not maintained the roof, causing leak into mine, but are denying responsibility 

theoretica

I think you need to read your deeds - and maybe next doors too.  Hopefully they say something about maintenance.

Jeepers_Creepers

missslbell said:

Hi Jeepers_Creepers 
My place is a two storey townhouse, next door is three storey with exclusive access/use to the roof on top of my place
Different owners, the roof is not included in the boundary in my ownership deed 
So in my very they have not maintained the roof, causing leak into mine, but are denying responsibility 

That is just weird. Two separate houses, and your neighb can walk on your roof?! Blimey...

As Theo says, you need to read your deeds very carefully to see what the 'ell is going on, and who is responsible for the upkeep.

'Maintaining' a roof is a blunt expression. Obviously if tiles have been falling off, the owner is liable for replacing them or they cannot subsequently claim for water damage. But if a tile just falls off one evening and lets rain come in, that ain't their fault as it couldn't have been foreseen and wasn't due to neglect, so their insurance will (should) cover it. In other words, you need to be 'negligent' to be liable, either in not fixing obvious problems, or by causing damage.

For you to be able to claim off your neighb, you'll need to show that they were 'negligent'. Eg, they should have seen that the roof was deteriorating but did nothing about it, or caused an action leading to the actual leak.

Can you get on your own roof?! Do you know what state it's in? Aaaaand - who is actually liable for its upkeep?!

Your situation sounds a bit nuts. I would never ever buy your house - now't personal, like.