House A and House B are mid-terrace neighbours.
The roof of house A was replaced shortly after a heavy storm in 1987. House B was unaffected and that roof is older.
When roof A was replaced, a row of curved ridge tiles was placed over the join between roofs A and B.
Roof B is now in poor condition. Several times in the past decade one or two tiles have fallen off after heavy winds. Tiles look uneven. (An observation, not by a roofer.)
The owner of house A bought the house in 2005, house B in 2022.
Recently the row of ridge tiles fell off (fortunately without hitting anyone) and needed replacing at a cost of £2000.
The owner of house B argued this was the responsiblity of owner A, because:
- The work was poorly done on the ridge tiles (confirmed by two roofers);
- The structure exists only as a consequence of replacing roof A.
Owner A disputes this arguing that it is a 50/50 shared responsibility because:
- The structure stood for over 30 years without any maintenance, so any discussion of poor workmanship is moot.
- A and B both bought the properties with this structure in place. There could have been a similar structure before 1987, no one knows.
- It is obviously a shared boundary structure, as it sits on top of the party wall between the properties.
- The roof of house B is much more than 30 years old, is in poor condition, and this contributed to the failure.
I am owner A.
Who should pay for the repair and why?