UK Landlord Forum / Life

Hello, please bear with as new to site ( and property)
We are the freeholders of a first floor maisonette with a leaking roof. Lease states joint responsibility for repairs.
We have followed the spirit of a Section 20 over the last year ( 3 estimates etc) all via email.
Leaseholder refused to discuss repairs until his lease was extended which was finalised recently.
The very wet autumn meant we had to get the roof replaced urgently to prevent further damage to our property.
To recover 50% of cost should we serve a retrospective Section 20 or go to the Claims court with email and photo evidence? Many thanks for any help

In what way have you followed the "spirit" of a section 20 notice?
There is no "spirit" of that process, you either follow that process or you don't.

If the works are more urgent than that process allows, you can request an exception from a tribunal (or a court).
The leaseholder cannot refuse to discuss a section 20 notice (well, they can, but it has no effect).

Thank you for your reply
What I mean is, we have explained why the work is necessary, provided quotes,
suggested getting their own quote etc.
Section 20 seems to be used in blocks of flats with multiple leaseholders and service charges so was unsure if it was necessary in this circumstance.

Is the other leaseholder also the owner of the freehold or are you the only freeholder?

We are the only freeholder

In which case, you should have used the section 20 process when the leaseholder wouldn't engage. That's what it's for. You can't do that retrospectively.

You'll need to persuade them to accept their half of the costs, by showing that the work was unavoidable and that the cost is reasonable. If they choose not to be helpful, that can be really difficult. And because you didn't use the proper process, they're probably quite within their rights to be unhelpful.