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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2487
Experience:  Over 5 years in practice.
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I have a leasehold property, a top floor flat, in Bristol.

Customer Question

Good morning Pearl. I have a leasehold property, a top floor flat, in Bristol. The roof needs replacing urgently but the freeholder is insisting that we need a surveyor to manage the building works. We have looked at a number of surveyors in our area but they all want to charge between £ 2000-3000 to manage the project. Is this a legal necessity or could we (the 3 leaseholders and the freeholder )come to some arrangement between ourselves?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Nothing at all, just trying to find cheaper surveyors
JA: Have you talked to a lawyer about this?
Customer: Yes I spoke to mine and he said the roof is the freeholders responsibility and not to touch it. The freeholder has spoken to his and has been sent the message below....... Under normal circumstances, without looking at the lease documents, the repairs of structure and communal apparatus usually lies with the Freeholder, with the Tenants/Leaseholders usually have a covenant in their leases to contribute their proportion back to the Landlord.Say, if you have a managing agent, then you can carry out an inspection, and determine if the works needs to be done, and if so, whether the works will cost more than the usual service charges proportions, and if it does, then section 20 major works consultation needs to be carried out, and funds collected for renewal of the roof etc
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no....cant think of anything else....thank you
Submitted: 4 months ago.
Category: Property Law
Expert:  UKSolicitorJA replied 4 months ago.

Please upload a copy of your lease.

Customer: replied 4 months ago.
Users/user/Desktop/Official Copy (Lease) 10.08.2007 - BL101763.pdf
Expert:  UKSolicitorJA replied 4 months ago.

I cannot access that file.