Repairs in newly purchased leasehold flat

matt_matt_matthew

I've just completed on a flat purchase today and there are a couple of issues that I'd like to deal with, a new window pane is needed and a rotting soffit board replacement which i think is causing slight damp. I have no problem organising this and paying for it as would like it sorted asap. The flat is a leasehold and my solicitors have served notice that I'm the new owner to the management company but have said this can take a long time to go through. My solicitor summed up the relevant conditions in the lease and said 

• You must not make any structural alterations or additions to the property or alterations to the windows, walls, ceilings etc without the written consent of the landlord.

The problem being that the soffit board issue is going to get a lot worse if it's left and not replaced. My solicitor has said that i can contact the management company and this may help speed up the process but it still could take a long time. I'll be sending them an email explaining the situation and hope to hear back from the soon. 

I feel torn about just getting on and doing it as the 'upkeep' of the flat is my responsibility and the rotting soffit board could possibly lead to other problems.

Would the window pane and soffit board replacement be generally considered alterations? I'm wondering where i stand if its enough that i'll tell them so they are aware even though it could take a couple of months or just getting on with it and doing it myself.

FreeBear

Replacing the window pane should be a like-for-like repair. No need to involve the management Co. unless there is a specific clause requiring you to (note - "windows" is the frames and glass).

marcia_

 Replacing glass wont need approval. What would you do if the window broke, you couldn't leave it until you got permission to repair it. 

eddddy

Just to make sure - are you confident that the soffit board is your responsibility?

With most leases, the roof (and soffit board) would be the responsibility of the freeholder. But some leases do make the upstairs leaseholder responsible for the roof.

If the lease says you are responsible for the roof, the lease might also say that the leaseholder(s) downstairs have to contribute to the cost of repairs.

(But depending on the cost - maybe you just want to pay for it yourself - rather than meet your new neighbours for the first time, with a bill for repairing the roof!)

matt_matt_matthew

Thanks for the replies, I'll need to wait for confirmation from the management / freeholder to know for sure if i'm responsible for it as the leasehold is quite vague with specifics. The problem being that could be a while and the damage could get even worse. I'm not fussed about paying for it (even if i'm not responsible) if it means its done asap, the only worry i have is doing it then finding out I'm somehow in the wrong and liable for breaking a condition in the lease if the freeholder should have been notified. 

It may come down to what i think is worse, leaving it to become an even bigger problem, cost and job but knowing I've done everything according to the lease and waiting to hear from the freeholder, or fixing a smallish job now but possibly breaking a condition in the lease and not notifying them.

eddddy

matt_matt_matthew said:

Thanks for the replies, I'll need to wait for confirmation from the management / freeholder to know for sure if i'm responsible for it as the leasehold is quite vague with specifics. 

TBH, leases aren't usually vague about who's responsible for repairing the roof (and hence the soffit).

In fact, if the lease is vague about repairing responsibilities - it would typically be classed as a "defective lease" - and your solicitor should have been waving a big red flag, and the flat wouldn't be mortgageable.


As a starting point, did your solicitor give you a summary of repairing responsibilities in their report on the lease?


In theory, if the freeholder is responsible for repairing the soffit, I guess many freeholders wouldn't mind if one of the leaseholders replaced it - assuming it was done to an acceptable standard.

The problem might be if the freeholder later claims that your tradesperson didn't do it properly, and maybe caused bigger problems which need to be fixed, etc. They might say that it's your fault and expect you to pay.

Or they might want to inspect your tradesperson's work to check it's ok, and charge you a fee for the check.

Or the freeholder might just want to do it themselves, so they know it's done right.

eddddy

@matt_matt_matthew I just looked back at your previous posts...  Is this the same flat as you mention in this post?

https://forums.moneysavingexpert.com/discussion/6371920/leasehold-issues-with-working-from-home

If so, you say...

matt_matt_matthew said:

Within the legal pack i received the seller has stated that 'the seller is responsible for arranging the buildings insurance on the property' and that the landlord doesn't insure the building, so i'm thinking that i could just get my own insurance that covers certain aspects of the business on top of the normal insurance. It is just a flat in a terraced street so there's also no building management either. 

If you're responsible for buildings insurance  (presumably for the top half of the building with your flat in it) - it's very likely that you're also responsible for repairs to the top half of the building.

So the soffit would be your responsibility. (But the other flat owner might be required to contribute half the cost.)


But it's best to check the lease to make sure. More generally, you really should find out what parts of the building you are responsible for repairing and maintaining.

matt_matt_matthew

No that was a different flat that fell through, i think the best thing to do is I'll just get in contact with the management company.

The lease does say what i'm responsible for but for some reason doesn't mention anything about the roof. 

user1977

matt_matt_matthew said:

No that was a different flat that fell through, i think the best thing to do is I'll just get in contact with the management company.

The lease does say what i'm responsible for but for some reason doesn't mention anything about the roof. 

If the roof is also not included in your demise then it's not yours to maintain.

If you bought recently, why not ask your solicitor to clarify anything missing from their previous report to you?