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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice.
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Hi I have a problem concerning my maisonette as it had finlock

Customer Question

Hi I have a problem concerning my maisonette as it had finlock guttering (concrete gutter) which caused damage to my maisonnette which is on the first floor and also the neigbours property which is directly below. There are 4 maisonettes on the block.

I have had to have the finlock guttering removed and my property re-decorated but now the neighbour downstairs is claiming that his property incurred water damage also.

Can you advise me who is normally responsible for the repair of drainage and guttering on maisonettes.

I have obtained the title which does list the leasholders but these are not the individuals I was told were the current owners of the land. Can you also advise me where to go to to find out who are the current leaseholders and how I can find out who is responsible for what.

Many Thanks
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What does the lease say about who is responsible for roof and outside and structural repairs?

Customer: replied 4 years ago.

What i have is the title register but I dont know where to get hold of an actual copy as i believe the original leasholders no longer own the lease?

Expert:  Remus2004 replied 4 years ago.

You can find out who is the freeholder of the property by getting the deeds from the land registry which you can get from this link. The deeds and the plan cost £3 each.

You can also get the deeds of your property.

You appear to already have the leasehold title deeds what you now need are the freehold title deeds which are different. The leasehold title deeds that you have may give you the freehold title number.

You can contact the land registry and get a copy of your lease.

The lease is the definitive document which says who is responsible for what and the gutters may be responsibility of the freeholder or the leaseholder of the top property or it may be the responsibility of all leaseholders jointly.

It is likely to be the freeholder’s responsibility was a bus is the case, you should not have replaced them.

If the water damage is as a result of your replacement, then you are responsible for that damage.

Can I clarify anything for you?

Customer: replied 4 years ago.

just to clarify I had to remove the guttering to stop the water from coming into both properties. I wil contact the land registry office to obtain the freehold title deeds which should hopefully clarify the situation.

Expert:  Remus2004 replied 4 years ago.
I appreciate that and even if the landlord is responsible and object's, you can rely on the doctrine of self-help.

If you have any queries once you have the land registry deeds, please ask for clarification
Customer: replied 4 years ago.

Yes I ordered the freehold title deeds and they only seem to list all of the properties that are under the lease, the start date and term.There is no reference to the actual properties. Is there any other documentations i can obtain from anywhere that will have that information?

Expert:  Remus2004 replied 4 years ago.
The freehold title will say who owns the freehold.

The repairing obligations are contained in each of the individual leases referred to in the leasehold title.

The lease is cost about £20 each if you do not have them already and are not usually available online