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I own the leasehold of a top flat in a terrace property. I have tenants staying.

The flat roof is letting in some rains which leaks through the ceilings of my property.

Who is responsbile for the maintenance/repairs: myself , myself and the owner of the flat below, solely the freeholder ?

The f/holder's agents responds extremely slowly and always denies responsibility so I was wondering whether to go ahead on my own and then claim a refund by clawing back on the annual insurance premium/ground rent payments. Or will I go against the law ?

Thanks for your advice.

The matter appears to be rather urgent with all the rains tha is forecast for the rest of the week ..!



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In a lot of cases in can be the Freeholder but it depends how your contract is worded between the Freeholder and you, the Leaseholder.

This is what you need to find out before going any further.


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It's usually split between all the flat owners. It will be in your lease documents (your mortgage co. may have them) you need to dig them out and have a read.


I have found the lease which states:

The lessor hereby covenants:


at the request and cost of the lessee (...) subject to the payment of the lessee of one half of the cost of such work (...) to repair, maintain, rebuild and cleanse the roof (...) water pipes.

So there is the answer. Thanks.

The lessor is responsible to arrange for the repair but each lessee contributes to the cost.

SO I take it it is the freeholder or his agents to quickly arrange these repairs or else he will be somehow liable for breach of the lease ?

I have correspondence going back years to the managing agent and they have done nothing. In one letter they have even accused to make a fallacious claim of water leaking when in fact I have got photos to prove it !

Shall I sue ??

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