Leasehold flat, bay window roof

mikeroo99

Hi, I live in a converted victorian era building which contains two flats, me being on the first floor and the other flat occupying the ground floor. The lease stipulates that both flats are responsible for cost of repairing the roof and exterior walls etc. On my floor, the living room has a bay window which has a parapet style roof (a flat roof with a built up surround made mainly of sandstone (which is all in very good state of repair). During heavy rainfall I am getting water drip in through the ceiling and I am guessing either the flat roof inside the parapet has failed and/or the flashing of that roof has failed. The owner of the downstairs flat is saying they are not responsible for the bay window roof as it isnt really part of "the roof" of the property. My argument is that although it may not be part of the main slate tiled roof it is still classed as a roof. The deeds do not specifically mention the roof of the bay window. Anyone got any experience of this type of technicality? I may have to approach a solicitor and see if I can get some sort of legal ruling maybe?

Thanks in advance.

eddddy

Just to clarify - there might be 2 issues here.

1) Who is responsible for maintaining and repairing the roof and walls?

2) Who pays for the maintenance of the roof and walls?

Are you saying that the lease says you are responsible for maintaining and repairing the roof and walls, but you can recover half the cost from the other leaseholder?

(Often the freeholder is responsible for those types of repairs, and they charge the leaseholders via the service charge. But some leases work as above.)


In terms of getting a legal ruling, perhaps the best option is to send your neighbour a bill for 50% of the repair cost. If they don't pay it, make a court claim. Then the court will make their legal ruling on whether your neighbour has to pay.




(But if the lease really is unclear about who is pays for repairs to that part of the building - you could potentially apply to a tribunal to get a 'Compulsory Lease Variation'. i.e. get the lease clarified.

See: https://www.lease-advice.org/faq/in-what-circumstances-can-i-apply-to-the-first-tier-tribunal-property-chamber-to-vary-my-lease/ )