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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10547
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hello, Perhaps you can help me. I live in the upstairs

Customer Question

Hello,
Perhaps you can help me.
I live in the upstairs flat of a two storey, semi detached maisonette. I am also the freeholder of the whole property. The person downstairs has a long term leasehold.
The question I have is: when the roof for the property is due for replacement, am I totally responsible for the whole roof, or am entitled to split this cost 50/50 with the person downstairs?
I look forward to your response.
Best regards
Des
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

It all depends on what your Lease says- being maisonettes, I'm afraid there is no one rule as to who is responsible for the main structure/roof.
The Lease will either say that the Freeholder is responsible for the main structure/roof, with each Leaseholder contributing 50% each or it will say that that upstairs is responsible for the roof, with the downstairs Leaseholder being responsible for the structure/foundations up to the level of the first floor.

If you have a read of your Lease, it will make it clear to you.

I hope this assists and answers your question.

Kind Regards
AL
Customer: replied 3 years ago.

Thanks Al

Expert:  Aston Lawyer replied 3 years ago.

Hi Des,

Thanks.

If you are happy with my Answer, I would be grateful if you could leave positive feedback.

Kind Regards
AL