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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8539
Experience:  I have been practising for 30 years.
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My neighbour has use my flat roof of my two shops . All

Customer Question

My neighbour has use my flat roof of my two shops for 18mths. All workmen has use it steel works scaffolding for 9mths bricks. Now there build is coming to an end the want to charge me £3000. To help repair the flat roof.
Which leaks like a running tap they had no permission from me or the landlord or party wall
Submitted: 5 months ago.
Category: Law
Expert:  F E Smith replied 5 months ago.

If it is your roof and it has been damaged by the workmen, on what basis and who wants £3000 to repair it?

Customer: replied 5 months ago.
The owner of the build wants me to pay 3,000 of the 6,000 quote he got to repair the roof has my landlord saying the roof repair is down to me. I have the lease on both shops I pay building contents an have public insurance
Expert:  F E Smith replied 5 months ago.

Do you lease the shops on a full internal and external repairing lease? With regard to normal wear and tear, are you responsible for repairing the roof?

Who allowed the neighbour to use the roof of the shop?

I’m wondering why the owner of the shops from whom you lease them is wanting you to pay for this damage when clearly it wasn’t caused by you?

Before these builders started doing these works, was the roof in perfect condition?

Customer: replied 5 months ago.
Apparently I have maintain the building. According to my landlord.
The roof was sound an would eventually need work carried out on it.
No one gave the contractors permission to put scaffolding on my roof , they stored bricks on the roof every tradesmen use my roof.
The owner for the build is repairing the back off the roof were they destroyed it so in order for the pipe work to flow off the roof my whole roof needs repairing, has its completely destroyed. Saturday 11th I was unable to work until the water stop coming in my shop.
So the owner of the bill wants me to constibute £3,000 towards the roof.
I put up with so much in 18months both of my shops needs repairing inside because of the effect it this build.
Expert:  F E Smith replied 5 months ago.

You have an absolute responsibility under the terms of the lease to repair the structure of the building under the terms of your lease the landlord is telling you, which would include the roof. If that’s the case then this is the situation:

However if the workmen have damaged the roof during the course of whatever it is that they were doing, then you have the right to offset those costs against the amount of damage caused by the builders. If the roof was in perfect condition before they started, they are liable for all the cost.

If the roof was in less than perfect condition, then they would be responsible for part of the costs depending on how much of the work would have been required in the near future in any event.

You have to decide whether you owe money or not in respect of this and then offered to pay that to the landlord. If the landlord decides to sue you for the cost of the damage because you have not paid it, then you will have to defend his claim or defend part of it and bring the builders in as second defendants to the claim.

Don’t necessarily take your landlord’s word for it however you are responsible for the roof, you need to check the lease to make sure that you are responsible because the landlord may be simply trying it on.

Can I clarify anything for you? Please do not forget to rate the service positive. It is an important part of the process by which experts get paid.

Best wishes.

FES

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