SMF - Just Installed!

Free Holders Legal Duty of Care? Leaking Roof!

Started by Stevo, October 25, 2023, 11:56:15 AM

Previous topic - Next topic

Stevo

Good afternoon all!

Can anyone please offer some sound advice with regards to a leaking roof on a block of flats... and my legal position?

I "let" a top floor flat which recently has developed a leak in the roof. I am the leaseholder.

There are no water pipes or utility pipes whatsoever above us (it is a blank void), the only ingress of water can be from rain.

My tenet came home today to discover the ceiling was leaking (which very simply means the roof is leaking).

The Freeholder is a miserable git, and in the past has done whatever he can to avoid paying for repairs (for structural works).

My landlord insurance (as said by my insurance company covers only internal issues, (Ie. leaking bath, sink, toilet) but not roof.

Question 1: Is he exempt from repairing the roof? (Is that not his duty-of-care)?
Question 2: Am I required to get a "Quote" or "Statement of Damage" (Ie. have the damage/leak assessed) before he starts work to fix the leaky roof?

I ask this as he is very likely to throw this back at me and say it's NOT his problem until I PROVE that it is his problem!

Any and all advice very much appreciated.

Thank you

Stevo

 

HandyMan

Quote from: Stevo on October 25, 2023, 11:56:15 AMI ask this as he is very likely to throw this back at me and say it's NOT his problem until I PROVE that it is his problem!

You should consult your lease and then, in writing, refer the Freeholder to the relevant clauses.

heavykarma

From my experience of leasehold, the freeholder is almost certainly  responsible for putting this right. You can't expect your tenant to put up with rain coming in, so after checking the lease you should insist he deals with this.  It is not up to you to deal with his insurers or get reports.