Roof maintenance and loft space

[Newbie2019]

The property is a standard Victorian house, ground floor flat and 1st floor flat, it’s cross reversion shared freehold between myself and the neighbours above. The neighbours above are seeking a 50% contribution to repairs to the roof, I’ve checked my lease and it does state that roof repairs are a shared obligation etc. But the loft space has been converted, I.e borded up, electricity, bed, roof window and has a proper staircase leading up to it. I am not sure when this was done, it could of been 5 years ago or 50 years ago, there is no mention of the loft space mentioned on the lease.

As it’s shared freehold should I have share in this loft space and should it of been purchased from me? Should it be in the lease? Should they be allowed to use it as a habitable space without my consent? Even if it was converted before I bought the downstairs flat.

Would it be reasonable to assume that if they are using the loft space shouldn’t they then be responsible for roof maintenance as it’s been plasterboarded and the roof window may have compromised the structural integrity of the roof?

I don’t think I should be responsible given the points above but I’m not sure how a judge would view things if the case is taken to court to seek retrospective contribution from me for roof repairs.

They actually need access to put up scaffolding in my private courtyard, I’ve refused access as they’ve made it clear they intend to seek contributions from me if they pay the full cost.

I have previously contributed 1k to a new roof at the back, where there is no loft room, there have been ongoing disagreements about maintenance issues and expectations, they always want to carry out work where it benefits their property 95% and issues that effect my property such as leaks from upstairs or window sills downstairs which are crumbling they aren’t interested in.

Given the history of problems I wonder if it has skewered my judgement, what do you think am I being unreasonable or do I have some valid points?

Thanks

I think YABU. Your lease says you have to contribute. They can’t get work done without scaffolding, and you are putting up uneccessary barriers to that. Its normal for people with top flats to have rights to the loft space.

If the roof leaks you are likely to suffer damage to your property too (I had a Victorian house with a leaky roof- it all collects on the ground floor in the end...once it’s run down the insides of the walls.

You can always ask to see quotes, talk to the roofer to work out why the roof needs sorting. If it is a problem due to conversion then it would come up then. But roofs do need looking after, and have bits that perish/need redone.

You can't refuse access for necessary repairs.

Access to Neighbouring Land Act 1992.

Do you benefit from the garden? Can you extend outwards for more space? I am in an similar conversion, and I get the loft, they get the garden. Pros and cons to each flat. Of course I have maximised use of the loft space, and when it needed a new roof, they paid half.

Is the work necessary?

I would ask for an inspection, then 3 quotes. It maybe repairs could be carried out rather than a whole re-roof.

You should pay for the roof repairs as per your lease. However, it may be worth speaking to a surveyor regarding the attic space as, if it was once communal, they should have bought your interest in it before converting.

Thanks for the comments, if the loft space was converted prior to my purchase then I’m guessing I can’t do anything is that right?

Yabu the loft space is part of the top floor flat regardless of when converted. The roof is part of the exterior which also covers your flat. Which you are jointly responsible for. I have never heard of a communal loft space with the flats below, I don't know where you got this idea from.
The only thing I would say is to check what the quote for roof includes. If you feel some is for the interior space rather than the fabric of the building you may have an argument there

Yabu... Wow do we really need an abbreviation for that word? Lol

Well I disagree, loft space doesn’t always belong to the first floor Flat, as you can see from some of the posts above, seems like you should get your facts right before mouthing off!

Nobody is going to be able to advise OP without seeing a copy of the deeds, and they would probably need to know when the loft was converted too.

I would suggest you seek legal advice from a solicitor rather than posting in AIBU. It doesn't sound straight forward.

Well I can see that I will need to contribute to roof repairs and I can say that the loft was converted over 10 yrs ago whilst the property was one house and later divided into 2 flats, so I don’t think I have any claim to the loft space. I was just pointing out to one of the posters it’s not always clear cut as they suggest especially as there’s No reference to loft anywhere on the deeds/lease.

Thanks all for the advice.

loft space doesn’t always belong to the first floor Flat, as you can see from some of the posts above

Every post has said that it does belong to the top floor flat. In most houses, as in yours, that is the first floor flat. It never gets shared with other flats as you are suggesting.

I can say that the loft was converted over 10 yrs ago whilst the property was one house and later divided into 2 flats, so I don’t think I have any claim to the loft space.

Do your deeds not show who owns which parts of the building? I had a criss-cross lease previously and it had floorplans showing which parts of the building belonged to each flat/maisonette and which parts were shared.

Here is one post “However, it may be worth speaking to a surveyor regarding the attic space as, if it was once communal, they should have bought your interest in it before converting.”