How can we ensure the management company take responsibility for replacing our roof?

CuriousCatLady

We own a property in a private road where we pay a service charge to a management company for the shared areas. The management company is responsible for our flat roof which was replaced by their contractor 2 to 3 years ago. All of the properties in the road contributed to the roof by an increase in the service charge. Since then it has leaked several times and caused significant damage to our house. Every time it leaks they send a maintenance guy to patch it up.

We now want to sell our house and have had a damp survey done as we found high levels of moisture in the walls. They advised that the roof is unacceptable and needs to be completely replaced as the contractor who did the work a few years ago did not do a good job and the roof is failing in multiple areas. They advised that repairing it is not possible as the repairs won't last.

I'd like to know where we stand with ensuring the management company take responsibility for the replacement of our roof, due to the poor workmanship of the contractor they employed. They have advised that there is no warranty as the contractor has gone into administration. We have had quotes for around £9000 to replace our flat roof, but this is something we can't really afford, However, if the roof is not replaced we will struggle to sell our house due to the damp in the walls and the constant leaks.

We'd really appreciate any advice on how to deal with this situation to get the management company to replace the roof as soon as possible to avoid any further damage and allow the walls to dry out and the damaged plaster to be repaired.

Thanks in advance

eddddy

CuriousCatLady said

We own a property in a private road where we pay a service charge to a management company for the shared areas. The management company is responsible for our flat roof which was replaced by their contractor 2 to 3 years ago. All of the properties in the road contributed to the roof by an increase in the service charge. 

Can you clarify the set-up? Do you own a leasehold house (as opposed to a flat / maisonette)? Or something else?

If you own a leasehold house - it's strange that the management company are responsible for maintaing your roof. And it's even stranger that other houses in the road have to contribute to the cost.

CuriousCatLady said

We'd really appreciate any advice on how to deal with this situation to get the management company to replace the roof as soon as possible

Has your surveyor written a report saying that the roof needs replacing?

(What kind of surveyor was he/she - a RICS building surveyor, or something else?

I ask because damp treatment companies sometimes call their salespeople 'surveyors', and they offer free 'surveys'. But they're often not very reliable.)

Have you told the management company that the roof needs replacing, and you think they should pay for it out of their own funds? If so, what was their response?

i.e. is the situation…

• The management company don't agree that the roof needs replacing - but you believe it does, and you want the management company to cover the cost of replacement out of their own funds (because you believe they were negligent in dealing with the previous replacement)

Or

• The management company agree with you that the roof needs replacing - but you want the management company to cover the cost of replacement out of their own funds (because you believe they were negligent in dealing with the previous replacement)

Or something else?

m0bov

Get a survey done, get two quotes for repair. Send the results to your freeholder and give them 14 days to resolve.

If they don't agree then contact your insurance and use legal cover to sue for the cost of repairs.

jones_guitar

Need more info, but this is unfortunate.

I personally I'm sceptical of a leasehold setup. If you take them to court, more cost and waiting times. Maybe the threat will help.

It would also depend on the property value, if it means you can sell it, and it is a high value property. Might be better just to do it - even then you might need the freeholders permission. I think you need to see whst offers come in?

gm0

The fact the contractor did questionable work. And then went bust. Does not on its own create negligence on the part of the manco. It can happen (easily and fairly often) without that being true. And they likely will resist anything other than a "do it again recharge to leases" scenario - depending on the lease setup

If you try to insist a) they do it now as full replacement b) they pay. Then they will most likely sit on their hands and drag things out legally until the "don't have to pay" aspect is dealt with (legal involvement and dispute).

You can attempt multiple actions - one to force the freeholder (and agent) to do what they are obliged to under the lease i.e. repair common structure as notifed. But again - if you do that and they issue notices for rechargeable works to be done (under leases) and you immediately dispute said notices on the grounds that you intendend to push for payment from them not you. Then the work stops. While the dispute happens.

A manco doing admin at 15k pa doesn't pick up 100k roof costs lightly. Or indeed at all. Fold not likely. Possibly fold the company (if a small highstreet outfit) and drop your setup in a mess with no handover.

If you don't have a strong prima facie case with proof of negligence in planning and procurement of this work and a manco with the size and resources to be worth chasing then you will struggle to do much other than create months or years of delay to repairs and indeed a dispute hanging over your sale.

So be sure it's worth it. Be sure they are viable to chase. Be sure you have proof

Feeling it's unjust to have to pay for duff roofing contractors more than once. Is a common sentiment indeed with flat roofs particualarly

eddddy

m0bov said

Get a survey done, get two quotes for repair. Send the results to your freeholder and give them 14 days to resolve.

If they don't agree then contact your insurance and use legal cover to sue for the cost of repairs.

If it's the freeholder's responsibility to repair the roof - it's very likely that the freeholder owns the roof.

It's risky to repair a roof that doesn't belong to you, especially without the roof owner's consent.

(In some ways, it would be a bit like if somebody repaired your roof without your consent, then asked you to pay for the repair.)

jones_guitar said

It would also depend on the property value, if it means you can sell it, and it is a high value property. Might be better just to do it - even then you might need the freeholders permission.

Repairing the freeholder's roof without consent is likely to be a breach of lease.

If the buyer or their solicitor discovers there's been a breach of lease, the sale is unlikely to go ahead until the breach is resolved.

(For example, the freeholder might claim that the OP's roof replacement was not done to an adequate standard, so the OP has to pay for the OP's new roof to be removed, so that the replacement can be done to a better standard.)

It sounds like the OP is asking for initial advice - so the best advice would be to have a discussion with the management company. And maybe get a professional survey of the roof.

But if this issue really does end up 'going legal', the more usual advice would be for the OP to go to court to get a court order that orders the freeholder to replace the roof.