Elmfield Posted September 6, 2014 Report Share Posted September 6, 2014 Hi, In my BTL I share a wash house with the flat above mine, the new owner of the flat above has gone and repaired the wash house spending several thousands on the work. I was not asked for my opinion or to contribute to the repairs before the work was done. When questioned the neighbour said that he had thought that he fully owned the shared wash house. He is now asking for my contribution or for me to sign over the wash house to him and me to pay the solicitors fees. I also think that he paid far too much for the repairs. I am not sure what to do next, any suggestions or information is appreciated. Thanks in advance Elmfield Link to comment Share on other sites More sharing options...
Richlist Posted September 6, 2014 Report Share Posted September 6, 2014 Assuming the wash house is a shared facility and that arrangement is already formally documented in some way eg....its in the leases or its a separate agreement then it IS a shared facility. Your neighbour has therefore made a mistake and must take responsibility for : * His/ her failure to check the douments or have their solicitor check the documents and * The work that has been carried out. In my opinion you are not at fault and ae not required to provide payment, compensation or sign over the shared facility to them because of their error. What should you do next ? You have many options......here are a few:- 1. Do nothing. 2. Offer to pay your share of the repairs. 3. Estimate what you would have been prepared to pay for repairs to the shared facility and make that your contribution. Link to comment Share on other sites More sharing options...
Elmfield Posted September 6, 2014 Author Report Share Posted September 6, 2014 Richlist, Thanks for the information and the quick reply. The wash house is shown as a shared facility on the land register. Link to comment Share on other sites More sharing options...
Melboy Posted September 6, 2014 Report Share Posted September 6, 2014 You need to show your neighbour the details of the land registry docs. Inform him that he has made a serious error of judgement by not discussing this matter with you before proceeding with repairs etc. and ask him did why he not know that it was jointly owned in the first place? His "thoughts" do not come into the discussion in any legal sense. Link to comment Share on other sites More sharing options...
Chestnut Posted September 6, 2014 Report Share Posted September 6, 2014 Following Mel's advice to show proof of shared ownership and inform co-owner of error, I would then offer what you regard as a reasonable contribution (RL's option 3). I am assuming that repairs were actually necessary and that your tenant will get a benefit from them. Link to comment Share on other sites More sharing options...
Mortitia Posted September 7, 2014 Report Share Posted September 7, 2014 Or you could show the neighbour the relevant documents over shared ownership and demand money from him for carrying out works to the shared premises without your consent. Then back down and accept the improvements but refuse to contribute to them. I would be interested to see any solicitor's letter trying to force you to pay for any of the work. Link to comment Share on other sites More sharing options...
Chestnut Posted September 7, 2014 Report Share Posted September 7, 2014 You need to determine whether work was 'repairs' (as you said in OP) or, as Mortitia says, 'improvements'. If latter, i.e. OK before and no benefit to your own tenant, then you could be justifiably reluctant to contribute to cost. Link to comment Share on other sites More sharing options...
Richlist Posted September 7, 2014 Report Share Posted September 7, 2014 Assuming you have a leasehold flat :- * Repair costs for common areas are normally paid from the service charge account.....not by individual leaseholders. * Improvements are not usually permitted without prior approval of the freeholder & or their managing agent. Why is it different with your property ? Can you give a bit more detail please ? Link to comment Share on other sites More sharing options...
Elmfield Posted September 7, 2014 Author Report Share Posted September 7, 2014 Hi, Thanks to all for your advice, information and comments. Tha property is in Scotland and is part of a two flatted building with the flats sharing a common garden area & former wash house, the formar coal cellars are dived between the two properties. The land register contains the details of the shared and owned areas. There is no service charge or factor for the properties. Our property is unemcumbered and we do not use a leasing agent. There is also no fue duty or similar to pay. Link to comment Share on other sites More sharing options...
Richlist Posted September 7, 2014 Report Share Posted September 7, 2014 Scotland has a different set of rules. I don't knowingly do answers on Scottish anything, please disregard my previous input as it may not now apply. Seems the majority of Scots want to go it alone and some of us in England are feeling more than a little upset about it. If the vote is a YES to independence its best not to underestimate the size of the backlash that is likely to ensue when the English realise just how it will adversely affect them......especially as we have had no say in the matter. Link to comment Share on other sites More sharing options...
Mortitia Posted September 8, 2014 Report Share Posted September 8, 2014 I don't think any of us are qualified to comment on Scottish housing laws. Even more so if you get independence. The unhealthyest people in the EU it is said - we should be glad to be shot of them and help the NHS budget. Forced re-patriation could be on the cards........ Link to comment Share on other sites More sharing options...
Melboy Posted September 8, 2014 Report Share Posted September 8, 2014 Speaking as a dual nationality person Welsh /.English I hope the Scots. see sense and do not vote yes for independence. If they do then it must be a rapid clean break so that President Salmond can feel the full force of what he has done in the break-up of the UK. It will cost the Scottish people dear in raised taxes which is a certainty. Often forgotten is the fact that there are only 4 million Scots and it is not financially possible to support their current social/health/schools etc. services with that number of limited taxpayer's. Link to comment Share on other sites More sharing options...
Mortitia Posted September 8, 2014 Report Share Posted September 8, 2014 Yeah but the Jocks think their oil will pay for it all! LOL Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.