Dispute with fellow freeholder on roof repair

35cob

Hello, hope someone can help point me in the right direction.

I share a 50/50 freehold of a Victorian two story terrace (conversion) in north London with another person. I have the upper flat and he has the ground floor. In the last 15 months or so my flat has suffered much damp and water ingress. I had a roofer inspect the roof over 12 months ago and he temporarily remedied the problem by clearing the gutters. He took photos and said the roof was in a bad state and will need urgent attention and likely replacement. It is the original roof. Over the last few months the problem has got worse.

I have a recent quote for repair (£8,500) or full replacement (£16,650) with full guarantee with a local roofing company (photo evidence was provided) vetted by Checkatrade and with good reviews. This roofing company is even doing a roof replacement across the road.  The other freeholder has procrastinated over months about remedial work, probably because his ground floor flat is unaffected. He says he has no money but I know this to be untrue (sole director of his company, flash car, £250k in the company bank account according to Companies House, etc). I sent him the quote with photos and requested his comment within a week as the damage to my flat is progressively worse. I am seeking half of the cost.

If I go ahead and repair the roof, how do I go about claiming the half of the cost. Is there a particular procedure I should follow before going ahead with the repair or replacement ?

DougMLancs

You should have legal documents (Title deeds or similar) that came with the house that specify how maintenance of different parts of the property is approached with the other freeholder 

CliveOfIndia

As above, you need to check the deeds to verify the legal position as to who is responsible for maintenance/repair of the roof.  Once that has been ascertained, then you'll be in a better position to begin negotiations (or not, as the case may be).

35cob said:

He says he has no money but I know this to be untrue (sole director of his company, flash car, £250k in the company bank account according to Companies House, etc).

It's a slight aside from your actual question, but you cannot make assumptions about his personal wealth.  If he's doing things by the book then he cannot simply help himself to the company's money.  So it's entirely possible that the company is in a healthy financial state, but he himself only draws a modest salary, and the car is owned by the company.  I'm not saying this will definitely be the case, but it's a possibility.

bob_a_builder

"vetted by Checkatrade and with good reviews." - Not a great measure of competence

sevenhills

Have you had another roofing company give you a quote?

Le_Kirk

What about the freeholder's emergency fund, you know, the one you both pay into each month for just such an eventuality?

TELLIT01

The car is likely to be owned or leased by the company, rather than the other freeholder.  Company assets and monies available to him are not the same thing.