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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I live in a groundfloor flat with one other flat above me.

Customer Question

I live in a groundfloor flat with one other flat above me. We both own a share of the freehold. There are problems with the roof and the chimney pot that require considerable repairs and they are asking for half of the costs from me. I have also recently incurred significant costs for dry rot treatment in the foundation joists - is that also a half/half cost situation given it's structural?
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer : Hello. The liability will depend othe wording of the lease. Your neighbour's lease will state what he's liable for. If his lease includes the attic space, then generally it will mean he is fully responsible for the upkeep of the roof. The same will apply to your dry rot issue - your lease should state exactly what you are responsible for. To be honest, structural issues (the roof would generally fall into this definition) are usually the responsibility of the freeholder. However, I think dry rot would be too. To make life easier, I suggest you ask the neighbour to confirm on what legal basis he thinks you are liable to pay.