Leaseholder refusing to contribute towards major works

katejo

Mildreds_Earrings said:

katejo said

I was in a similar position to you 30 years ago. There were 2 maisonettes in my building and I was the 1st floor leaseholder. The lease stated that I had overall responsibility for repairs to the upper half of the building but that the ground floor leaseholder had to pay half the cost. That leaseholder refused to cooperate. It was just before Christmas and the weather was bad. I would have had to go to court over it and this would not have been possible until January. Meanwhile more damage would have occurred  to my flat! Fortunately my Dad rescued me at the time and paid for the roof repair. I never got any money out of the ground floor leaseholder. 

Hello @katejo I think that's what the owner of 1B is hoping but I just can't afford it! 

@Mildreds_Earrings I had no middle B flat in mine but I think the lease would have said that they had to pay their share too. Have you contacted the Leasehold advisory service? Home - The Leasehold Advisory Service (lease-advice.org)

katejo

Mildreds_Earrings said:

katejo said

I was in a similar position to you 30 years ago. There were 2 maisonettes in my building and I was the 1st floor leaseholder. The lease stated that I had overall responsibility for repairs to the upper half of the building but that the ground floor leaseholder had to pay half the cost. That leaseholder refused to cooperate. It was just before Christmas and the weather was bad. I would have had to go to court over it and this would not have been possible until January. Meanwhile more damage would have occurred  to my flat! Fortunately my Dad rescued me at the time and paid for the roof repair. I never got any money out of the ground floor leaseholder. 

Hello @katejo I think that's what the owner of 1B is hoping but I just can't afford it! 

I have just read the additional info about how yours was split. Mine was different. It had been purpose built as 2 maisonettes. No conversion had ever happened.

eddddy

Mildreds_Earrings said:

Hello @edddy I wish it says the freeholder (1A) was responsible, then he could serve 1B & 1C with S20 documents and be done with it but it doesn't state that in the lease. There isn't even a lease for 1C! That's why I quoted from the land registry documents. 

The house was first split into two, between 1A and 1B and the lease agreement between these two properties states as follows:

RESERVING unto the Vendor and his successors in title owners and occupiers for the time being of the retained premises: The Vendor thereby covenanted with the Purchaser and her successors in title owners or occupiers for the time being of the property thereby assigned that the vendor should maintain and keep in good repair the roof of the upper flat together with the joists and roof timbers.

That doesn't sound like the wording you would find in a lease. Does the document say that it's a lease?

That sounds more like a Deed of Covenant. 

And that document says that "The Vendor" must maintain and repair the roof. Who is named as "The Vendor" in that document?

Mildreds_Earrings said:

I should also add that when I purchased the apartment, the Sellers paid an indemnity policy because of the missing lease, so I am not sure if I can claim against that?  I don't know what to claim though, as it's not their fault that 1B does not want to pay towards roof repairs.

So are you now saying that your lease is missing? 

If so, that's vitally important information. It would have been good to know that at the outset.

In that case...

• Does the freeholder have the counterpart lease?
• Do the leaseholders of Flats 1A and 1B have their leases?

What do their leases say about responsibility for the roof? (Specifically their leases - not any other documents.)

user1977

Mildreds_Earrings said:

I should also add that when I purchased the apartment, the Sellers paid an indemnity policy because of the missing lease, so I am not sure if I can claim against that?

Another thing which would have been useful to mention at the start! What does the indemnity policy describe the insured risk as?