Leasehold maisonette - roof responsibility

bowie95

I own one of the top maisonettes in a block of 4 and have been asked to repair the guttering by the estate company that manages the grounds on behalf of the lessor. I’m a little confused by the wording of the lease to who is legally responsible for this.

I was under the impression from the lease that the responsibility for building repairs is 50/50 between the top and bottom flat, but the management company is insisting that as the top maisonette, everything above the plaster in the bottom flats ceiling is my responsibility to repair.

The two sections of the lease that are relevenat to this is as follows:

“At all times during the said term as necessary to join with the Lessee of the Other Flat in making repairing maintaining amending supporting rebuilding and cleansing all ways passage ways pathways sewers drain pipes water courses water pipes cistern boundary walls party structures easements and appurtenances within the land edged red on the plan annexed hereto belonging to or used or capable of being used by the Lessee in common with the Lessor or the Lessee or occupiers of the Other Flat not made the specific responsibility of any Lessee and paying and contributing one half of the cost of such work.”

From this I thought it would be a shared cost for guttering. However the estate company has pointed me to the following section to support their view that the roof is only my responsibility.

“The Flat hereby demised shall include: All the part of the building of which the said Flat forms part lying above the lath and plaster work of the ceilings at ground floor ceiling level including the joists immediately over those ceilings and the exterior entrance leading from the ground floor exclusively servicing the said Flat and the foundations and subsoil beneath said entrance and staircase.”

I’m happy to get the guttering done, but want to be careful I’m not paying for something that should be shared. If anyone could give any advice it would be much appreciated, I was going to ask a solicitor next week but thought I’d post here in case it’s obviously one way or the other!

user1977

bowie95 said:

The two sections of the lease that are relevenat to this is as follows:

“At all times during the said term as necessary to join with the Lessee of the Other Flat in making repairing maintaining amending supporting rebuilding and cleansing all ways passage ways pathways sewers drain pipes water courses water pipes cistern boundary walls party structures easements and appurtenances within the land edged red on the plan annexed hereto belonging to or used or capable of being used by the Lessee in common with the Lessor or the Lessee or occupiers of the Other Flat not made the specific responsibility of any Lessee and paying and contributing one half of the cost of such work.”

From this I thought it would be a shared cost for guttering. However the estate company has pointed me to the following section to support their view that the roof is only my responsibility.

“The Flat hereby demised shall include: All the part of the building of which the said Flat forms part lying above the lath and plaster work of the ceilings at ground floor ceiling level including the joists immediately over those ceilings and the exterior entrance leading from the ground floor exclusively servicing the said Flat and the foundations and subsoil beneath said entrance and staircase.”

That's the definition of the Flat. It doesn't say maintenance of everything which constitutes the Flat is your responsibility. There'll be another clause saying something along those lines, but it depends exactly what it says - can you find and quote that?

bowie95

user1977 said:

bowie95 said:

The two sections of the lease that are relevenat to this is as follows:

“At all times during the said term as necessary to join with the Lessee of the Other Flat in making repairing maintaining amending supporting rebuilding and cleansing all ways passage ways pathways sewers drain pipes water courses water pipes cistern boundary walls party structures easements and appurtenances within the land edged red on the plan annexed hereto belonging to or used or capable of being used by the Lessee in common with the Lessor or the Lessee or occupiers of the Other Flat not made the specific responsibility of any Lessee and paying and contributing one half of the cost of such work.”

From this I thought it would be a shared cost for guttering. However the estate company has pointed me to the following section to support their view that the roof is only my responsibility.

“The Flat hereby demised shall include: All the part of the building of which the said Flat forms part lying above the lath and plaster work of the ceilings at ground floor ceiling level including the joists immediately over those ceilings and the exterior entrance leading from the ground floor exclusively servicing the said Flat and the foundations and subsoil beneath said entrance and staircase.”

That's the definition of the Flat. It doesn't say maintenance of everything which constitutes the Flat is your responsibility. There'll be another clause saying something along those lines, but it depends exactly what it says - can you find and quote that?

I’m not 100% sure. The only other section that references maintenance is the following in the section outlining the lessee’s obligations: 

“From time to time and at all times well and substantially to repair cleanse maintain and keep the Flat and the fixtures therein and the pipes cables wires and appurtenances thereof (and the footpath any boundary wall marked ‘T’ within the land edged red on the plan annexed hereto) with all necessary reparations cleansing and amendments whatsoever (damage by fire not due to any neglect or default of the Lessee causing the insuarance policy to be vitiated or payment of the insurance moneys to be refused only expected) PROVIDED ALWAYS if the flat hereby demised is the upper flat in the Building that the Lessee shall not repair any joist or beam on which the floors of the said flat are laid without giving notice to the occupier of the Other Flat of his intention so to do giving details of the work intended to be done so that the Occupier of the Other Flat may take such precautions as he may be advised for the protection of his ceiling thereof.”

So would that make me responsible for the roof as they have defined the flat previously being everything above the plaster in the below flats ceiling?

user1977

bowie95 said:

user1977 said:

bowie95 said:

The two sections of the lease that are relevenat to this is as follows:

“At all times during the said term as necessary to join with the Lessee of the Other Flat in making repairing maintaining amending supporting rebuilding and cleansing all ways passage ways pathways sewers drain pipes water courses water pipes cistern boundary walls party structures easements and appurtenances within the land edged red on the plan annexed hereto belonging to or used or capable of being used by the Lessee in common with the Lessor or the Lessee or occupiers of the Other Flat not made the specific responsibility of any Lessee and paying and contributing one half of the cost of such work.”

From this I thought it would be a shared cost for guttering. However the estate company has pointed me to the following section to support their view that the roof is only my responsibility.

“The Flat hereby demised shall include: All the part of the building of which the said Flat forms part lying above the lath and plaster work of the ceilings at ground floor ceiling level including the joists immediately over those ceilings and the exterior entrance leading from the ground floor exclusively servicing the said Flat and the foundations and subsoil beneath said entrance and staircase.”

That's the definition of the Flat. It doesn't say maintenance of everything which constitutes the Flat is your responsibility. There'll be another clause saying something along those lines, but it depends exactly what it says - can you find and quote that?

So would that make me responsible for the roof as they have defined the flat previously being everything above the plaster in the below flats ceiling?

Seems like it, assuming there's nothing else in the Lease which is relevant. Didn't your solicitor explain this stuff when you bought? "Who's responsible for the roof" is a fairly significant point to figure out before you agree to take on the liability.

bowie95

user1977 said:

bowie95 said:

user1977 said:

bowie95 said:

The two sections of the lease that are relevenat to this is as follows:

“At all times during the said term as necessary to join with the Lessee of the Other Flat in making repairing maintaining amending supporting rebuilding and cleansing all ways passage ways pathways sewers drain pipes water courses water pipes cistern boundary walls party structures easements and appurtenances within the land edged red on the plan annexed hereto belonging to or used or capable of being used by the Lessee in common with the Lessor or the Lessee or occupiers of the Other Flat not made the specific responsibility of any Lessee and paying and contributing one half of the cost of such work.”

From this I thought it would be a shared cost for guttering. However the estate company has pointed me to the following section to support their view that the roof is only my responsibility.

“The Flat hereby demised shall include: All the part of the building of which the said Flat forms part lying above the lath and plaster work of the ceilings at ground floor ceiling level including the joists immediately over those ceilings and the exterior entrance leading from the ground floor exclusively servicing the said Flat and the foundations and subsoil beneath said entrance and staircase.”

That's the definition of the Flat. It doesn't say maintenance of everything which constitutes the Flat is your responsibility. There'll be another clause saying something along those lines, but it depends exactly what it says - can you find and quote that?

So would that make me responsible for the roof as they have defined the flat previously being everything above the plaster in the below flats ceiling?

Seems like it, assuming there's nothing else in the Lease which is relevant. Didn't your solicitor explain this stuff when you bought? "Who's responsible for the roof" is a fairly significant point to figure out before you agree to take on the liability.

Thanks for your help, I think I'll ask my solicitor to confirm next week and arrange the necessary repairs.

I had been through the lease a few times so thought I had understood it to be 50:50 split on building maintenance, so didn't think it was worth asking. I also bought it from a relative who was also under this impression and had owned it for awhile. I guess you live and you learn!