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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own the freehold of a building. The flat above is leased.

Customer Question

I own the freehold of a building. The flat above is leased. Within the lease the tenant is responsible for the roof and chimneys of the building which are now in poor repair. Work to replace the roof is planned which is good. I have concerns about what standard of work will be done and also about the possibility of damage to my property. I have asked the roofing company for a scope of works and verification of insurance and they are pretty much saying they will give it to the tenant but not to me. This is of concern as previous contractors used by the tenant have caused damage to my property which is an ongoing separate issue. What are my rights?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Sadly your options are limited. The contract will be between the tenant and contractor, not you. Therefore there is no contractual obligation that they can or should release this information to you.
As for the standard of repair or damage, sadly you can't do anything about that unless it actually happens. if you went to Court the Judge would ask, what is your loss. You would say, well I dont have a loss but I might. A Court would then say well I can't do something for a theoretical situation.
If you know there will be damage or it will be poor, action can be taken but sadly not before.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex