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Category: Property Law
Satisfied Customers: 33517
Experience:  Barrister at Self Employed Barrister
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I am being asked to pay 50% of a repair of shared garage

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I am being asked to pay 50% of a repair of shared garage roof. My side of the roof has no damage, and I don't use it at all (nor do my tenants). The other side has tenants who use the garage and now has a hole in the one corner where water is falling through. Can I refuse to pay 50% and say pay 20 or 25% on the basis that I do not require the repair, and that I do not use the structure to which the repair needs to be made?

on what basis do they make the claim?
Customer: replied 2 years ago.

They claim as it is a joint structure that I must pay 50% and they have provided two quotes. Their letter does not state anything about the party wall act but I know they are relying on this as the means to make me fund half of the cost. They must complete the work for their side (meaning they have to replace the whole roof) as their tenant is complaining and their side won't last the winter whereas mine will. I am happy to contribute but not 50% unless I must.

I think that the difficulty that you have is that with shared fixtures such as this then he normal order which a court would make is a 50-50 split unless you can show that the damage solely comes from them - if you can then you can advance an argument that in fact they should pay for all of it - arising from their negligence.Happy to discussPlease rate positively
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