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Original poster

Leaseholder/freeholder - roof repair

17 replies

Bloominglush2024 · 06/10/2023 07:49

Hello, to keep this brief, it turns out that the roof off the block of flats Im in (there are only 3 is in poor repair and needs to be replaced).

the top floor flat was bought a few months ago by a builder who owns his own firm. He’s been a nightmare - but that’s another story - and has been lobbying the freeholder to carry out the work.

he submitted an initial quote that was almost double what everyone else quoted but has now offered the cheapest which the freeholder is going with.

however the freeholder has sent us an email asking us to pay our third of the cost whilst saying that the flat above will be invoiced directly by the builder (I’m assuming he means their company).

is that legit or normal?

I’ve asked him if we can not all pay him directly and why some leaseholders are paying him and the other is paying the builder but he’s not answered that. I’ve also asked him if I can see an audit trail of invoices and receipts and he’s not answered that either but I assume he’ll say no.

OP posts:
TizerorFizz · 06/10/2023 08:34

Have you checked your lease? The roof is normally a freeholder responsibility. Not leaseholder cost. So I would not be expecting to pay anything. See attached but you need to check your legal position in your lease. Freeholder is usually responsible for the fabric of the building. You need to find out what your responsibilities are.

Leaseholder/freeholder - roof repair
20questions · 06/10/2023 14:03

You will have to pay for your share through the service charges.
I would NOT pay the individual contractor but the freeholder through the formal service charge demand.

thinkfast · 06/10/2023 16:01

TizerorFizz · 06/10/2023 08:34

Have you checked your lease? The roof is normally a freeholder responsibility. Not leaseholder cost. So I would not be expecting to pay anything. See attached but you need to check your legal position in your lease. Freeholder is usually responsible for the fabric of the building. You need to find out what your responsibilities are.

That's not correct advice. Usually the freeholder is responsible for the structure of the building, including the roof, but can charge the cost of the repairs to the leaseholders in accordance with the terms of the lease. In addition they have to follow the correct section 20 procedure if they want the leaseholders to pay.

I'd be quite concerned about one of the leaseholder's building company doing the works. Will they be supervised by a surveyor to check for quality etc?

Ginmonkeyagain · 06/10/2023 16:12

Yep as I said on your other thread, they need to carry out a S20 consultation (If they are planning to spend more than £250 per flat which I assume for a roof replacement they will be). If I were you I would object strongly to another leaseholders company bidding for the job.

The freeholder should pay the contractor. You only pay money to the freeholder.

TizerorFizz · 06/10/2023 21:42

A bit sad that the legal advice I attached was wrong then. Surely read the lease!

Original poster
Bloominglush2024 · 06/10/2023 22:09

Hello everyone, thank you for your advice.

there is obviously some dodge going on. Just to clarify I am paying my freeholder who will pay the builder. It’s just the other leaseholder (who is also the builder) is invoicing and paying himself - ie i assume his company is invoicing him and he pays his company.

the whole thing seems very suspect. But im not sure there’s much I can do.

I objected to my freeholder and got told it wasn’t my concern how the other leaseholder pays their third.

OP posts:
Ginmonkeyagain · 07/10/2023 07:13

Have they consulted? That is your route to object to tne leaseolder's company doing the work.

If they haven't consulted they can't levy for the money.

Original poster
Bloominglush2024 · 07/10/2023 08:13

They did consult and they issued a section 20 notice and they got three quotes. He’s still decided to go for the leaseholder above to do the works.

OP posts:
Ginmonkeyagain · 07/10/2023 08:16

Ahh. I see. Well that is annoying.

TheOccupier · 07/10/2023 08:49

I would suspect that the builder is going to skimp on the job so that his "share" ends up being much smaller, but if he falsifies invoices etc so it all looks kosher on paper there may not be much you can do.

How does your other neighbour (not the builder) feel about the situation?

Torturedsoul · 07/10/2023 08:52

TizerorFizz · 06/10/2023 21:42

A bit sad that the legal advice I attached was wrong then. Surely read the lease!

It isn't wrong as such, just that there is likely another section regarding recharging each property their fair share of the costs.

AnOldCynic · 07/10/2023 09:15

Is the builder VAT registered? There might be a bit of a tax dodge going on.

Original poster
Bloominglush2024 · 07/10/2023 09:23

I think that’s exactly what he’s going to do. The other neighbour in this is the freeholder who has to pay the other third, he says.

OP posts:
Original poster
Bloominglush2024 · 07/10/2023 09:24

Sorry that was in reply to TheOccupier

it’s very frustrating that things are not straightforward or upfront.

OP posts:
Winter2020 · 07/10/2023 09:40

Going back a step has there been independent advice that the roof does need replacing and can't simply be repaired. (Not from the buyer/builder of course) Seems a bit suspect this guy buys a flat and immediately his firm is replacing the roof. No doubt he'll sell it on soon after with a new roof as a selling point.

Ginmonkeyagain · 07/10/2023 09:41

That is a good point. I would want to see a surveyors report.

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