Leasehold flat - loft space - roof structure

SR24

Hi. I am in the process of buying a first floor flat, purpose built. The survey has flagged active woodworm in the loft and a bowing roof due to the purlin not being supported by struts on the right hand side, although there are struts on the left hand side. I have rung the managing agents to find out if the loft is demised to the flat. Awaiting their response. 
In the meantime I wanted to see what any general feedback is for my general understanding of such matters.
If the loft is demised does that mean both the flagged issues are responsibility of the leaseholder of the flat?

As freehold/landlord is responsible for roof, does this only refer to tiles, or does it include the structure within the loft?

Thank you 

TripleH

Is there a loft hatch present in the flat and does the flat your looking at have exclusive access?

Have you seen any legal paperwork on it yet such as the lease agreement, what does that say?

SR24

Hi. Yes the flat has sole access to the loft above the flat, I believe the next door first floor flat has the same (it’s a 4 flat property)

No lease agreement yet hence my phone call to the managing agent who said she would check the lease to see if it is demised or silent (not sure what silent means I guess silent means not mentioned in the lease)

SR24

Managing agent rang back and advised the lease is non specific as it’s silent. She confirmed the freeholder is responsible for the purlin/strut issue as it’s part of the roof structure and the same for the woodworm.
Is it best for me to ask my solicitor to contact vendor solicitor with these two points from the survey so they can contact the managing agents?

Managing agent said they cannot get anyone to look at it until either the existing owner contacts them or I do after my purchase.
My feeling is it’s best to get this sorted prior to exchange of contracts with existing owners solicitors to deal with. The property is not their main residence so it makes sense for this to be done under their ownership.

gwynlas

It is the responsibility of the freeholder to sort out this issue whether notified by the managing agent or current leaseholder.
You should not go ahead with purchase as it might be construed that you have accepted the situation, mind you your solicitor should not let you proceed anyway as they act for both you and your lender. How readily this issue is dealt with will prove how proactive the freeholder is in maintining the fabric of the building. You will in time be expected to pay for your flats share of remedial action.

mrschaucer

You need to be proactive and read your prospective lease (don't leave it to the managing agents to tell you things, get a copy from your solicitor) to see which parts of the building are down to you personally to look after and repair, and which bits are "common" areas or structural areas which are the responsibility of the freeholder.  Even if they are the freeholder's responsibility, you will usually eventually have to share the cost of any repairs/redecoration of these items/places with the other leaseholders, through the service charge.
Edit:  Don't fall into the trap of thinking that just because something is the freeholder's responsibility that he will be paying for it. 

SR24

Thank you for the great advice, I am going to speak to my solicitor tomorrow.

SR24

Spoke to my solicitor and basically she said, a freeholder has to ensure maintenance etc get done on areas not demised to the leaseholder, but in fact this means nothing in terms of paying for it as you have correctly pointed out. Nor does it indicate timeframes.

She also added that there is no leverage in getting it done prior to exchange, if I was buying a freehold house, then there is leverage with the vendor. She explained that this situation is tricky.

As there is the potential for it to not be resolved prior to purchase, if I continue with the purchase then I am having to take this gamble. 

As a non trades person, looking to buy after a divorce, with a busy job, I want a property I can afford and there isn’t much to do in terms of work. Although the inside of the flat ticks this box apart from a few cosmetic things, the issues in the loft concern me, as do the render repair due on the back steps which the managing agent also confirm is for them to do. 

If the property market had more stock I would walk away from the flat. I had to offer as best and final so know there are others waiting in reserve. It is a sellers market.

If I don’t buy now it might be difficult to get on the ladder again if interest rates rise..

So many ifs, advice please?

AlexMac

If I really liked the flat, I'd take the risk.  Maybe asking for a few hundred quid retention for your share of the work and (subject to a discussion with your solicitor) ensuring that if time passes and the work isn't done, that this cash doesn't end up in the vendor's solicitor's pocket, or even worse, back with the vendor

Assuming it's not a brand new building, then I guess that any significant movement would be visible by now...
..and (as a non expert, but one who's owned several period properties with timber roof structures) I would guess that a few hundred quid would cover your share of the remedial carpentry (a competent lease SHOULD clarify the basis on which these freeholder repairs to the building's structure are to be shared between leaseholders; equally?, pro-rata to size/floorspace..?) 

Woodworm seems no big deal; a builder once joked to me that infestation by "Common Furniture Beetle" cropped up so often in surveyors' reports that he assumed they always carry a pocketful of the critters,  Unless they have chewed right through to weaken the structure, a bit of spray should stabilise the timbers; after all , it's not like termites in the tropics?

A bit of render also seems trivial

More worrying would be if the agent  or the freeholdercan't be 4r5ed to do their job and fulfil their obligations.

Push 'em? 

But as I say, I'm glass half full person, so in today's market (round here in London where stuff flies off the shelf if it ain't got cladding certification issues) I'd proceed after asking my brief for these basic protections.

Oh and as an afterthought, you could knock on some doors, introduce yesself as the nosy prospective newbie and ask a few neighbours what the freeholder/ agent's track record is... 

SR24

Thanks @AlexMac have gone back to seller to see what response I get from them and the managing agent/freeholder.