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Original poster

Do we have a leg to stand on? Being charged roof repairs.

42 replies

Plump82 · 09/06/2022 15:19

We live in a small block of flats and last year we had to replace the roof. We're the upper floor and there was water running down the walls with various other leaks so it was pretty urgent. My neighbour below me contributed but my neighbour on the same floor as me couldn't due to his financial situation. He has various health conditions as well as not working so we knew we'd never get money from him. We agreed to replace my half only.

To cut to the chase my neighbour who couldn't contribute has now got the council involved who are arranging for the roof to be repaired/replaced and of course we're having to foot some of the bill.

I'm pretty sure I know the answer is going to be there's no way we're getting out of this but does anyone know if there's even a small chance we could. I'm also worried if they decide to replace that they will want to replace our side as well despite it only being done a year ago. Could they do this? Also do we get a say in who does the work, quotes etc.

I'm really panicking as this is something we absolutely can't afford after taking a huge loan out last year for our half.

OP posts:
Original poster
Plump82 · 09/06/2022 15:24

Should add we're in Scotland and the building isn't factored.

OP posts:
BlanketsBanned · 09/06/2022 15:25

Do you have a lease, does it say who is responsible for roof repairs, is there a fund. Could the repairs go through the buildings insurance, why did you have to pay. Why are the council involved, is it a council owned block.

BlanketsBanned · 09/06/2022 15:25

Just seen your update

LBOCS2 · 09/06/2022 15:26

Check the lease, in this situation the lease will dictate apportionments and obligations.

Original poster
Plump82 · 09/06/2022 15:27

The block isn't council owned. We all own our own flats.
The guy was from the waste solutions department of the council and I think it's because the house is so uninhabitable that they're now involved. He has no running water and hasn't been living the for at least 18 months.

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LBOCS2 · 09/06/2022 15:28

Sorry - Scotland. Title deeds/deed of conditions/TMS?

Original poster
Plump82 · 09/06/2022 15:28

We checked our title deeds last year which don't mention anything about who is responsible. I told the council person this and he said well that definitely means you're liable.

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Auntieobem · 09/06/2022 15:29

No good deed goes unpunished.

BlanketsBanned · 09/06/2022 15:30

Agree, it will state in your title deeds or tms who is responsible for what repairs, there should be buildings insurance..

Original poster
Plump82 · 09/06/2022 15:38

I have building insurance but not sure this would cover that?

We definitely couldn't see anything in the title deeds that said who was responsible.

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MrsMoastyToasty · 09/06/2022 15:41

Is your flat owned freehold or leasehold?

BlanketsBanned · 09/06/2022 15:43

I would ring your insurance company. Is the work you had guaranteed, it seems a bit daft to repair it again if its just been done.

Original poster
Plump82 · 09/06/2022 15:45

MrsMoastyToasty · 09/06/2022 15:41

Is your flat owned freehold or leasehold?

We're in Scotland.

OP posts:
Original poster
Plump82 · 09/06/2022 15:46

BlanketsBanned · 09/06/2022 15:43

I would ring your insurance company. Is the work you had guaranteed, it seems a bit daft to repair it again if its just been done.

It's a 10 year guarantee. I actually saw the roofers we used out looking up at my neighbours so I suspected there might be something happening.

I'll call my insurance company to see what they've said. I've also emailed my local citizens advice.

OP posts:
BlanketsBanned · 09/06/2022 15:51

You could try Shelter Scotland too

Original poster
Plump82 · 09/06/2022 16:06

BlanketsBanned · 09/06/2022 15:51

You could try Shelter Scotland too

Just called them. They told me to contact citizens advice.

OP posts:
BlanketsBanned · 09/06/2022 16:28

Did the insurance pay for any internal repairs

Original poster
Plump82 · 09/06/2022 16:32

BlanketsBanned · 09/06/2022 16:28

Did the insurance pay for any internal repairs

No we never claimed on our insurance. We just fixed it ourselves.

OP posts:
prettybird · 09/06/2022 16:50

I would imagine that you would be covered by the Law of the Tenement and that all of the flats would have to share equally the costs of essential repairs (eg roof, foundations, pointing).

It doesn't just cover tenements Wink - we're in what dh calls a "horizontal semi", ie the upper half of a Victorian villa, so we share the costs of roof repairs.

I seem to recall that the law was changed in recent years to make it easier for councils to compel owners who don't want to share the costs to do so, if the repairs are essential. But I might be imagining that.

prettybird · 09/06/2022 16:54

Just read your OP again properly: if you repaired your side last year, then I would refuse on the basis that your side is no longer an essential repair.

I have a friend who is a property lawyer for a council. He's on holiday at the moment but I'll ask him when he gets back what your options are.

Original poster
Plump82 · 09/06/2022 17:22

prettybird · 09/06/2022 16:54

Just read your OP again properly: if you repaired your side last year, then I would refuse on the basis that your side is no longer an essential repair.

I have a friend who is a property lawyer for a council. He's on holiday at the moment but I'll ask him when he gets back what your options are.

That would be great if you could. I was so stressed with the state of our roof and was glad it was all over and now this!
The man said if I refused to pay I'd be served some sort of legal notice.

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prettybird · 09/06/2022 17:34

He's not back till after the weekend but I'll ask him as soon as I can.

prettybird · 09/06/2022 17:37

Am I right in visualising that you're in the left side of the close and repaired the roof on that side, whereas the roof that wasn't repaired was on the right side of the close (or vice versa Wink - which way round doesn't really matter Grin)

So there's no immediate problem with the roof on your "half" of the property?

Original poster
Plump82 · 09/06/2022 17:52

prettybird · 09/06/2022 17:37

Am I right in visualising that you're in the left side of the close and repaired the roof on that side, whereas the roof that wasn't repaired was on the right side of the close (or vice versa Wink - which way round doesn't really matter Grin)

So there's no immediate problem with the roof on your "half" of the property?

More or less. So the roofers took my new roof up to where my neighbours flat starts. No problems with our half at all. We had all the skylights replaced, the chimneys repointed, the building nextdoor (different block) sits higher than ours and that's where water was running in so had that all sealed and re-rough cast. The full bhuna basically!

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