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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 11107
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have recently purchased a 1st floor flat the roof needed a

Customer Question

I have recently purchased a 1st floor flat the roof needed a re slate and I engaged a roofing company to re roof can I have 50% of the cost assigned to the ground floor flat?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have just engaged the roofing contractor the ground floor flat is going to a property auction
JA: Where is the flat located?
Customer: Wirral merseyside
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just the question could I have the money outstanding assigned to the new owner of the flat once it is sold
Submitted: 7 days ago.
Category: Law
Expert:  Aston Lawyer replied 6 days ago.

Hi, it all depends on what your Lease says as regards who is responsible for the maintenance of the main structure/roof. Do you have a copy of the Lease to hand? Al

Customer: replied 6 days ago.
No I do not but I can get a copy ,but the previous owner stated she had paid the owner of the ground floor flat £800.00 towards a refurb of the drainage system if this helps
Expert:  Aston Lawyer replied 6 days ago.

Hi, thanks. It would be normal for both parties to share 50% cost of any communal or structural repairs but without seeing the Lease I can't give you tat 100% guarantee.

What I can say however, is that if you carry out the re-roofing and pay for it 100%, you will find it hard to try and recoup 50% from downstairs at a later date. This is because, if the Lease does make each party 50% responsible, both parties should agree on what work needs to be done and the cost and then get the works done.

I can only therefore suggest that you delay the work until the new owner of downstairs has completed their purchase and you have had the chance to discuss matters with them. If you go ahead now, the new owner of downstairs could just refuse to reimburse you.

I hope this assists and if so, I would be grateful if you could rate my answer with 3-5 stars.

Kind Regards Al