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

[Plump82]

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.

Can I ask which council you're in?

In the mean time, does this help?

https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2013/03/common-repair-common-sense-guide-to-managing-tenements/documents/common-repair-common-sense-short-guide-management-tenements-scotland-pdf/common-repair-common-sense-short-guide-management-tenements-scotland-pdf/govscot%3Adocument/Common%2BRepair%252C%2BCommon%2BSense%2B-%2Ba%2Bshort%2Bguide%2Bto%2Bthe%2Bmanagement%2Bof%2Btenements%2Bin%2BScotland.pdf

North Lanarkshire .
I read similar when we were arranging quotes so technically we should have just done the full roof but I know 100% my neighbour wouldn't have been able to pay. His glat

His glat has no running water. One day I came home and his letter box was stuck up, I obviously had a nosey through it and there's piles and piles of rubbish and empty bottles so he's in a bad way. But still doesn't make me feel better that I now need to pay for his half!

And this is why leasehold or similar with regard to service charges and repairs are good in some ways.

If he refused to help you with yours, I would just refuse that you help with his, or if he does try and claim start your own claim.

We don't have "leasehold" (in the English sense) up here.

@Plump82 - have you had a Maintenance Order served on you yet? I've found this on the Glasgow CC website: https://www.glasgow.gov.uk/index.aspx?articleid=18188 Not sure if that helps - but if you have had one served, then time is of the essence.

There should be something similar on the North Lanarkshire Council website.

@prettybird no, he just knocked on my door today. I'll try and see if I can find similar for here. The guy said I would receive a letter. He got very flustered when he realised how annoyed I was and couldn't leave quick enough!

But who is paying for the messy flats roof share then? If you pay a share who is paying his part ?

Apparently the council will pay his share!

You don’t seem to be in a particularly strong position as if your deeds are silent the law seems very clear that everyone in the building would be liable for roof repairs. What seems morally right/fair isn’t relevant here.
How many dwellings are there in the building as maybe at least these repairs will be split more ways?
Did the company that repaired your part of the roof discuss the risk of the approach you took? What advice did you seek before going ahead with the partial repair?

Did you ask the council guy if they would reimburse you for his share of the repair you already did?

I really would fight this as much as you can.

This is what I feared 🙁
There's just the 3 of us in the block. The roofers we used asked but I guess it's not really their responsibility for what we decided.

@wearebob I actually asked this and he said that would be down to me to pursue directly with my neighbour. So that would go nowhere!

How did you spilt the first repair ? If you paid half each then pay the remaining amount needed to even it i and see what happens with the balance.

Yep we paid half each.

So if you're in a flat of 4, then you didn't ask the one in the flat below the one across the close from you? So they've not had to pay anything yet?

Worst case scenario, I think you might have to pay a quarter of the "new" cost - but you need to get your own surveyor to assess what needs to be done and to take into account that half of the work has already been done. So it shouldn't be as expensive as the first lot of work.

You could argue that under Tenement Law, you've fulfilled your responsibilities (I think that Scottish Government leaflet mentions horizontal splits which is why is covers my situation in a Victorian villa ) as you and your downstairs neighbour have sorted the fabric of the building both above you and the rendering. But I'm not a lawyer and it could be an expensive argument, up against the council

You might also want to contact one of your local councillors for advice/support.

Am a bit startled that someone would organise for half a roof to be repaired. The whole roof should have been repaired and the costs split equally between the 4 flats. If one flat wouldn’t pay then maybe the other 3 flats would have to pay more to cover their share but repairing only half a roof was always going to lead to problems in the future

Spoke to lawyer friend (although he says he's more a court lawyer than property )

He says that the council may well be exercising legitimate powers (Section 30? and a couple of other ones) if the flat opposite is uninhabitable. They'd split the cost 4 ways and then put a charge on the flat opposite for if/when it gets sold (although that charge lapses in 30 years) to recuperate that quarter.

Your best bet is when you get the official notification, to appeal it (as per the guidance on the GCC website that I linked to earlier). You'll have 21 days to do so. You'll probably need to engage your own surveyor to query the need to replace the whole roof and/or provide an alternative quote. And he thinks you need to speak to a lawyer. [My comment: check your house insurance to see if it includes legal advice].

It will probably end up in front of a sheriff, so you'll need that independent survey.

I seem to recall that North Lanarkshire Council had a bad reputation (arguably corrupt) for an incestuous relationship between Building Control and the companies (ALEOs - Arms Length External Organisations) with arguably unnecessary and/or overly expensive work being foisted onto private owners. So get your ducks in a row!

Thank you so much for all this info (and to your pal!)
I feel so overwhelmed by it all. I guess I'll just to wait for this letter im apparently getting and take it from there. And probably start researching lawyers!