Leasehold roof issue: advice

Socialworkguy

I bought a property in Sept 2024, the LS1 doc (the one completed by seller and management company) indicated 'roof will need work - currently in investigation stages'. I didn't query it when I should have. The survey done by the bank didn't pick anything up (to approve the mortage), but I know its mostly formality. The ls1 did also say that there isn't enough money in sinking fund to cover section 20. I didn't understand any of this and I asked my solicitor about the LS1 and he said 'seems normal' so I didn't get help there. 

3 weeks after I moved in we had significant heavy rain in September. It seeped into my flat which is one below a attic annex with a sloped roof. The sloop roof where it meets the front is where the leak is. 

It's now been 3 months just under since they were made aware. Only step 1 of the section 20 notice has been completed as the management company are 1. Crap and liars like most of them and 2. The freeholder wants a guy he knows to qoute.

First question is should the section 20 take this long, I read it as a continous process with no gaps.

Second issue: liability and costs for both the roof and repair of my walls and ceiling from pooled water and damp.

If the building has insurance, why is the roof repair not able to be claimed on that?

As its not a roof replacement and repair, I'm sure that the freeholder is responsible and not the lesses but I don't understand it really. From what I've read though, I think it's got to be shared.

The management company have actually known about a leak since as early as July 2023 and seemingly have let it get to the point it's at now, I can see this is why my seller probably sold. They're saying I can't claim on the building insurance for damage to inside of my flat, but im saying that the damage has come from the shared area managed by them and left to get worse, I should be able to and not be liable for the excess (although I don't think I'll win that) due to their incompetence and lack of organisation to get the issue sorted from before.

I'm aware I should have asked more details when buying, buyer beware, lesson learnt.

But can I get some advice on the questions above. 

user1977

Socialworkguy said:

If the building has insurance, why is the roof repair not able to be claimed on that?

Because "fixing stuff which is worn out" isn't a normal insured risk, otherwise the insurers would all be bankrupt very quickly. Insurance claims for roof repairs would be because "it's been blown off in a storm" or "it caught fire", not inevitable maintenance.

Hoenir

 Socialworkguy said:

 indicated 'roof will need work - currently in investigation stages'.

 The ls1 did also say that there isn't enough money in sinking fund to cover section 20. 

The combination of the two is a red flag.  

Socialworkguy

Hoenir said:

 Socialworkguy said:

 indicated 'roof will need work - currently in investigation stages'.

 The ls1 did also say that there isn't enough money in sinking fund to cover section 20. 

The combination of the two is a red flag.  

Pointless comment though really, but cheers 

Socialworkguy

user1977 said:

Socialworkguy said:

If the building has insurance, why is the roof repair not able to be claimed on that?

Because "fixing stuff which is worn out" isn't a normal insured risk, otherwise the insurers would all be bankrupt very quickly. Insurance claims for roof repairs would be because "it's been blown off in a storm" or "it caught fire", not inevitable maintenance.

Fair point

Hoenir

Socialworkguy said:

Hoenir said:

 Socialworkguy said:

 indicated 'roof will need work - currently in investigation stages'.

 The ls1 did also say that there isn't enough money in sinking fund to cover section 20. 

The combination of the two is a red flag.  

Pointless comment though really, but cheers 

Catch 22 if there isn't the money then the roof isn't going to get fixed. Could be an expensive repair/replacement  potentially costing thousands. There's no magic fix I'm afraid to say. 

eddddy

With most leases (but not all), the situation will be as follows:

• The freeholder is responsible for getting the repair done, but the cost of the repairs will be shared by the leaseholders.

• (It sounds like your freeholder has appointed a Management Company to look after things like repairs, claiming money from leaseholders etc)

• If the repair is urgent - e.g. water is coming into your flat and causing damage - the freeholder/management can repair the roof without doing a section 20 consultation. Instead they could do the repairs, and then apply to a tribunal for dispensation. (But they might be nervous of doing that, in case dispensation isn't granted.)

If you want, you could try arguing that the freeholder/management company are being negligent because they're not acting in a reasonable manner - it would be reasonable to fix the leak, and then apply for dispensation.

And it is not reasonable to wait months to complete a section 20 consultation, while your flat is suffering more and more damage.