Leasehold - Should I pay towards Roof repairs

marie43read

Good morning
House converted into two flats - I live downstairs 
Upstairs neighbours informs me problem with roof, and is getting estimates for works to be carried out etc. ( approx. £2,000.)
When purchased the Conveyancing Solicitor noted that there was nothing in lease giving responsibility to any roof repairs to downstairs flat owner .
Relations with upstairs neighbour quite reasonable So just wondering people's thought please on if I should share cost or refer to lease. 
Thanks 
 

eddddy

If the lease doesn't say you have to contribute to roof repairs - then you don't have to. (But that is a bit unusual for a conversion property.)

Why is the upstairs leaseholder getting estimates and discussing this with you? Typically, it would the freeholder who would deal with this? (Or is the upstairs leaseholder also the freeholder, or is it 'shared freehold'?)

What caused your solicitor to note this? Did you ask your solicitor specifically?

marie43read said:

When purchased the Conveyancing Solicitor noted that there was nothing in lease giving responsibility to any roof repairs to downstairs flat owner .
 

More generally, what does the lease say about repair responsibilities?

davidmcn

eddddy said:

What caused your solicitor to note this? Did you ask your solicitor specifically?

They don't need to be asked! What the solicitor should be doing as standard is highlighting anything unusual in the titles, and liability for the roof is a fairly significant point.

eddddy

davidmcn said:

eddddy said:

What caused your solicitor to note this? Did you ask your solicitor specifically?

They don't need to be asked! What the solicitor should be doing as standard is highlighting anything unusual in the titles, and liability for the roof is a fairly significant point.

The reason I ask is that it's a very unusual situation (especially for a conversion property), so I'm wondering if the OP misunderstood. 

It might be slightly more usual for the upstairs leaseholder to be responsible for everything above ground floor level - including the roof - so maybe that's what the OP means. But again that's unusual for a conversion property. (It's more usual for purpose built maisonettes.)

bouicca21

This is a ‘read the lease’ situation.  I certainly know of flats/maisonettes where the upper one is responsible for the roof and the lower one for foundations.  

NameUnavailable

Go back to the conveyancing solicitor and explain that you're being asked to contribute to roof repairs and ask them to explain to you where in the lease it excludes you from any responsibility for the roof.

Then you can point this out to the freeholder / your neighbour.

NameUnavailable

Also, you could get a copy of the lease for upstairs and see what that says about liability for the roof.

marie43read

so sorry for late response - I did not realise anyone had replied.
No I did not ask the conveyancing Solicitor to check he just noted it .in his report, but as he uses the words ' the lease of flat 38a does not appear to require you to contribute towards the cost of maintenance and repair of the roof ' I just thought i would ask on this forum 

 

eddddy

marie43read said:

so sorry for late response - I did not realise anyone had replied.
No I did not ask the conveyancing Solicitor to check he just noted it .in his report, but as he uses the words ' the lease of flat 38a does not appear to require you to contribute towards the cost of maintenance and repair of the roof ' I just thought i would ask on this forum 

 

I guess the context of the solicitor's comment is really important.

e.g. was the solicitor saying...

"You are required to contribute to towards the cost of maintenance and repair of most of the building - but strangely, the lease doesn't appear to explicitly mention the roof"


If so, does the upstairs lease say they have to cover the cost of roof repairs and maintenance?



If nobody's lease mentions the cost of repairs and maintenance of the roof, then potentially the leases are defective, and should be changed.

macman

OP hasn't actually said that the upstairs leaseholder has asked them to share the cost, simply that they have advised the that the roof works will need to be done. It may simply be advisory.
Or they may be unaware of the terms of the lease and assuming that the costs can be split.