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Leasehold Roof Repairs

I own the leasehold on a top floor maisonette. My Landlord is the Freeholder and they directly rent out the lower floor. I have identified that work needs doing to the roof. Initially their solicitor said that it was 100% down to me. I pointed out that this is wrong - the roof is in my demise but costs to repair are to be shared. He agrees to this now and insists that I effect the repair and claim it back. The tone of his response is rather aggressive. I don't mind doing this in principle and I don't mind providing 3 quotes. However:

- he is saying that those wishing to carry out the works have a section 20 responsibility without which the expense will not be recoverable

The repairs are over £250. Section 20 is written in the way that Landlord's have obligations but not the other way round. The main part seems to be supplying 3 quotes - however there are some details about serving notices etc.

I fear that they will try and not pay by attempting to find a technicality that they can say I should have done under Section 20. Does Section 20 apply to me? Or if I follow the principle and attempt to follow the detail should that be sufficient?

Thanks!

Comments

  • eddddy
    eddddy Posts: 16,294
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    So the lease is clear that you are responsible for maintaining the roof? (but with the cost shared)

    Because it's possible that the roof space is included in your demise, but the roof itself is the responsibility of the freeholder.


    As it's just two of you - you and the freeholder - the ideal approach would be that you both informally agree on the roof repairs.

    e.g. You get 3 quotes, and you agree between you which quote to accept, and each agree to pay half the cost (and maybe sign a simple agreement, so that nobody can deny that everything was agreed).


    The benefit to the freeholder being that if their solicitor is correct that you need to do a s20 consultation (but don't concede that the solicitor is correct - they may not be) ...

    ...you'd probably need professional help (e.g. a solicitor) to prepare notices etc, and the freeholder would have to pay half those fees.
  • eddddy
    eddddy Posts: 16,294
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    Just to add...

    Having had a quick browse of the legislation (Landlord and Tenant act), I'd say it doesn't apply in your case:
    (2)In this section “relevant contribution”, in relation to a tenant and any works or agreement, is the amount which he may be required under the terms of his lease to contribute (by the payment of service charges) to relevant costs incurred on carrying out the works or under the agreement.

    link: http://www.legislation.gov.uk/ukpga/1985/70/section/20


    So the act applies to tenants whose leases require them to pay a service charge.

    Your freeholder isn't a tenant with a lease.

    i.e. They have to pay a contribution because they are the freeholder, not because they are a tenant with a lease.

    So none of the extra legal protection provided to leaseholders by the Landlord and Tenant act apply to the freeholder.

    (Which probably puts you in a much stronger legal position, and the freeholder in a much weaker legal position.)
  • Thanks loads. The lease isn't explicit on who has to pay but the roof is in my demise so I am being told it's not the freeholders responsibility. I don't think Section 20 applies to me as you say - I think their solicitor is simply being awkward. I may have to take legal advice...which I'd love them to pay half of :-)
  • G_M
    G_M Posts: 51,977
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    Please quote the exact wording in the lease.
  • Tom99
    Tom99 Posts: 5,371
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    edited 19 January 2020 at 7:45AM
    Thanks loads. The lease isn't explicit on who has to pay but the roof is in my demise so I am being told it's not the freeholders responsibility. I don't think Section 20 applies to me as you say - I think their solicitor is simply being awkward. I may have to take legal advice...which I'd love them to pay half of :-)
    With maisonettes the leases are often set up so that the tenants rather than the freeholder repair the building structure and external fabric. The ground floor owner repairs the foundations and lower external walls and the 1st floor owner repairs the roof and upper floor external walls. There is no sharing of payment.
    It sound like you have such a lease. Your lease almost certainly says you must repair your demise and your demise includes the roof. Unless there is a specific provision in your lease to say the freeholder is responsible for a share then the whole cost is down to you.
  • It's clear that the cost is shared. My burning question is do I have to follow Section 20 as had been suggested by their solicitor - and he's saying if I fail on a technicality they won't pay. Very unpleasant bully tactics
  • Tom99
    Tom99 Posts: 5,371
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    It's clear that the cost is shared.
    Where is it clear?
    The lease isn't explicit on who has to pay but the roof is in my demise.
  • Yes, the lease isn't explicit on who has to pay.
This discussion has been closed.
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