I'm sorry, I didn't mean to respond to this.
I will opt out for others.
Are you or the other leaseholder or both of you responsible for the exterior and roof of the building or is the landlord and if so, is that paid for through the service charge?
Why is the leaseholder doing the repair to the roof rather than the landlord?
Has the landlord served a section 20 notice with regard to the extent and total cost of the works to be undertaken
Is your concern that the person will go ahead with the repairs saying that you can chip in if you like and then they will simply come to you for a large chunk of money?
It depends what the lease says as to whether you or both of you are responsible for the roof and the structure.
Sometimes you are jointly responsible for it all, sometimes part of it, sometimes the person in the upper flat is responsible for the roof, sometimes all the flats are responsible. Sometimes it’s the landlord’s responsibility and he may or may not be able to charge for that through service charge.
A copy of the lease would be really useful because at the moment, I am just speculating.
Please put my name on it, and UK law, and send it to *****@******.*** and it will be forwarded to me
No problem. Noted
Not yet. They can take up to 24 hours to arrive because they are forwarded manually.
They are just heads of terms. It’s not a legal document, it was just what was agreed and which the lease was based upon. It is likely that the lease will mirror that we cannot be sure until we see the lease.
You will see that the extent of the property includes the roof. Presumably the other tenant has the same provision.
At the bottom of the first page, there is a liability to keep the premises in good repair.
Then, on page 2 there is the liability to pay 50% of all the various costs including the roof.
However it would be unusual for the tenants to be responsible for actually doing the work rather than paying for it. I do still need to see the lease because at the end of the day, the lease is the binding document.
Will do. It isnt here yet.
I have the documentation now thank you. The initial report on title is a little thin on advice.
The initial report on title says in clause 5,that the lease is enclosed and referred to the report on lease. However, I don’t have that report. It may be that what was reported to you was defective but I’m unable to say at this stage.
I have looked at the lease itself To see what your liabilities are and these are in the 4 schedule which is in page 16.
Under clause 1a you are responsible along with the other leaseholder for the cost of repairing the main structure and the roofwhich is described in the 4 schedule. The obligation to pay 50% arises under clause 3c.
Under clause 5e, it says that this is the lessors responsibility to carry out the work in the 4 schedule.
Hence, this is not a job for the other leaseholder. You and the other leaseholder are responsible for 50% of the cost of repairing the roof but that work must be done by the landlord.
If the landlord is going to do work which will cost more than £250 per tenant, he must serve a section 20 notice otherwise he cannot recover that money.
Can I clarify anything for you?
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I can still clarify things for you.
You don’t need to pay for the work which is proposed by the leaseholder because he has no right to do it.
If the work is needed, it has to be done by the freeholder and then, you are responsible for 50% but he cannot enforce that unless he gives a section 20 notice first.
I would certainly make sure that the landlord knows what the leaseholder is up to because the landlord is likely to want to have control over what happens to his building