PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Council refusing to pay share of repairs

Options
bairn7
bairn7 Posts: 579 Forumite
First Post First Anniversary Combo Breaker
in House buying, renting & selling
**I had previously posted this in the DIY forum by mistake**

Hi all

I had to get some urgent roof repairs instructed last week. I'm the owner of a first (and top) floor flat and the council owns the flat underneath.

Last year I had a roof leak and contacted the council who come out and simply placed a plastic sheet under the leak. It took months for them to actually repair.

This time the leak was in a different spot and was much more urgent so I had to get it done that day (was coming through the ceiling into my bedroom.

The title deeds say that both flats have joint responsibility for the roof.

The council are saying that, because they were not consulted, they will not be paying their share of the costs.

Can they do this?

Comments

  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Are you in Scotland?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Options
    Rosemary7391 wrote: »
    Are you in Scotland?

    I would presume so, from the context and the username.


    Unless the titles say anything else, then I would say it's implicit that any flat owner is entitled to instruct urgent repairs without consultation.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    Options
    I'd agree with david, but it may take legal action to actually get the money out of them (or maybe just the threat of it).
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    I agree. Suggest you send a formal letter explaining, with the invoice, and a request for payment within 10 days.

    If they ignore, or refuse, you'll need some professional help (Shelter? CAB? Leaseadvice?) to review the exact lease wording, the relevant case law (eg for courts adopting implied terms as david suggests) and advise on next step.

    How much was the invoice? If minimal, it might not be worth pursuing beyond the initial formal letter.
  • bairn7
    bairn7 Posts: 579 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Thanks all. Yes I'm in Scotland.

    And yes the amount is minimal, a couple of hundred pounds, so unlikely to be worth pursuing. It is incredibly frustrating however that, if I want or need to do repairs to my property to maintain it, I need to wait until the Council get round to doing it otherwise I have to pay their share. I have no doubt it would have taken at the very least a few days for a repair to be instructed. In the meantime I have to live with buckets in my bedroom and the constant drip, drip, noise and overall stress of knowing that my property is suffering from water ingress.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Options
    If you incur further costs you can always add them up and if necessary pursue the council when it becomes more economic to do so.

    Registering a Notice of Potential Liability over their title at least means you'll get the money back eventually, but maybe many years before they sell and have to pay you back.
  • mysterymurdoch
    mysterymurdoch Posts: 139 Forumite
    Options
    Which council is it? I'd kick up a storm on facebook, also contact your local MP.
  • stator
    stator Posts: 7,441 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Options
    Formal letter. Letter before action. Small claims court.
    Just make sure you followed the conditions set out in the lease.
    Changing the world, one sarcastic comment at a time.
  • sgun
    sgun Posts: 716 Forumite
    Name Dropper First Post First Anniversary
    Options
    I'm assuming you aren't in Edinburgh as they have a pretty relaxed no-quibble repairs policy these days as long as the homeowners are sorting it out themselves. (If you are Edinburgh let me know and I'll pass on our contacts at the council).

    I'm guessing the council are refusing to pay as you didn't consult. To all those replying who don't know anything about the Scottish system it is a long drawn out process where everyone has to be consulted, meet to discuss, vote, be given 28 days to pay into a non-interest current account,refunded if work hasn't started in 28 days...I'm sure I'm forgetting something but by the time we had organised a roof repair that involved 16 flats 18 months had passed and we had to get quotes all over again!

    If I were the OP I would be going down the route of emergency repairs that are hazardous to health (not just "urgent" i.e a roof leak into the corner of your living room might be urgent but unless it is hazardous to health other owners won't have to contribute to the costs is they weren't consulted first).

    This is the only way you can get repairs done without consulting other owners and I would assume that if the water was streaming into your bedroom it was hazardous to your health (as it was all over your bed and the carpet, sheets etc were wet through) Photos would help here.

    You don't have to wait for the council to repair stuff - they'll bodge it up anyway - just go through the correct consultations and get it done yourself. Yes it does take time and is a right pain but they can't refuse to pay if you go through the correct procedures. In this case though use the hazardous to health emergency repair and they will pay eventually. Have you got one person to deal with - this makes it much easier than just contacting the repairs department.

This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards