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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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hello, I have share of freehold property. My neighbour never

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hello, I have share of freehold property. My neighbour never keeps to agreement and we have roof works and painting to be carried out. the neighbour refused to sign a agreement and started painting which is before any repairs or roof work is carried out. Can she do this without written notice or notification?  We have first floor flat and they've the ground

Alex J. :

Hi, Thank you for your question and welcome. What part of the property is she actually painting? Will she pay for the roof works? Kind regards AJ

Customer:

Hi, we both have leases and own 50% share of the freehold. She painted the ground floor part when I was consulting her regarding the roof/ painting/ drainage and other minor repairs. I cannot paint the top without a scaffold and have a feeling she doesn't want to do the roof, by her lack of response. the paintwork and damage to the brick work on the top is more costly to repair due to the delay in repairing the roof. She refuses to pay jointly for a building surveyor.

Customer:

Also, in no where in the leases does it state that she owns the bottom part of the building which she painted.

Alex J. :

Hi, Thank you. Normally the freehold comprises of the building structure, and the long lease part details your demised premises of which you have exclusive possession. Is she asking you to pay for the part she has painted? Also do you have any confirmation that the roof is in urgent need of repair? Unfortunately if she refuses to pay for the repair, you will have to pay for it your self and the sue her to recover her share. Does it say in your lease you have an obligation to maintain the premises? Kind regards AJ

Customer:

Hi, thanks for coming back to me. Yes, there's two leaks in different parts of my flat and several issues need that need addressing to rectified the problem with the roof. I will instruct a building surveyor to carry out a full survey so I can cover myself if she said the work didn't need doing. What is the correct steps to take in order for me to get the work done and get reimbursed for paying their half? How much does it cost to go to court and do I have a chance of losing? Yes, it says we have to maintain the premises.

Alex J. :

Hi,

Alex J. :

Thank you. To ensure the money is recoverable, you have to make a proper demand for payment under the terms of your respective leases. If she then does not pay you will have grounds to consider suing her. The best suggest I can give you is to contact this Government Service - http://www.lease-advice.org/publications/documents/document.asp?item=14

Alex J. :

This service is specficially set up to give free legal advice on Landlord and Tenant issues and you will be able to confidentially disclose your lease to them so then can talk you through serving the notice.

Alex J. :

The problem I have is I would need to see the lease in order to discuss what form the notice would take.

Customer:

thank you for your help!

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