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Original poster

Roof problem

30 replies

TheMerryHiker · 09/04/2024 22:20

Hi I just bought myself a new flat. In the home report it said roof was needing category 2 repair. After couple of days of moving in roof started to leak badly. I got a roofer out, hoping that will be a miner leak, he could fix. Leak was also loads of water gushing down with two walls. But roofer told me the roof is very bad. Repair will cost me £5000 with no guarantee of future leaks, but repair is not a long term solution, i need a new roof. I had few other roofers out for quotes. All said roof is very bad, potential danger of fire, as sqarrlles had bitten electric wires, water leaking, too dangerous etc. I tried to knock on downstairs flat few time with no answer. I managed to get a reasonable quote for new roof, which i agreed and started work. Then tried again downstairs neighbours, an elderly and disabled gentleman came out, told me, he is a tenant, local council is the landlord.
Now i am trying to get half of the roof money from council. I have been told so far i shouldn't have gone for new roof without their consent. But I was forced to do that with roofers report saying it was needed urgent repair due to pofire danger to all flats. I been going through difficult times because all the above stress, now i am in worry that i might won't get half money from them. Even gentleman downstairs reported damp to local council, they came out to him and checked damp there, that is with water running from roof. Can anyone help and suggest in this situation please.

OP posts:
LadyLapsang · 09/04/2024 22:26

Did you have a full structural survey before you bought?

Original poster
TheMerryHiker · 09/04/2024 22:31

The survey was done by my mortgage company, they didn't point anything out to me about anything.

OP posts:
Dandelion24 · 10/04/2024 01:45

Your lender will not have carried out a free survey for you. Some lenders don’t even conduct in person inspections but rather carry out desktop based valuations looking through pictures evaluating whether to loan on it or not.

You would have needed to carry out your own survey either by reaching out to the surveyor your bank instructed to do an inspection if they went that route
Or have found your own surveyor to inspect the property and then you would have been given a level 2 or 3 survey depending on what you paid for.

It looks like you purchased the flat blindly unfortunately.
Not really sure what to advice in this instance.
I guess just keep all receipts, pictures and videos for evidence of how bad the roof’s condition was for your claim with the council.

CandidHedgehog · 10/04/2024 07:25

TheMerryHiker · 09/04/2024 22:31

The survey was done by my mortgage company, they didn't point anything out to me about anything.

Just for future reference, that’s not a proper survey and may not be a survey at all (despite the name). There are 3 levels of survey - a valuation, which as a PP says may just be a drive by as a derelict property may be worth the mortgage, a home buyer survey and a full structural survey.

It’s likely that only a full structural survey would have found the problems with the roof. They are expensive which is why a lot of people don’t do them.

Ginmonkeyagain · 10/04/2024 08:28

Who is your freeholder? Is it the council?

You may not own the roof so will not have actually had permission to authorise the work.

Check your lease.

Original poster
TheMerryHiker · 10/04/2024 21:23

I am owner of that roof to repair, downstairs and myself suppose to pay fifty fifty for any repairs. But unfortunately I had to rush into the repair because my flat and the whole building was a potential fire danger according to all roofers and contractors who came out to investigate and quotations. But council officials still haven't answered my calls or emails regarding above situation, apart from the counter staff which was very helpful but they only could pass on the information to the right officials for me. No one has came back yet.

Yes my lesson learnt i bought something without proper knowledge and investigation. I got a battle ahead to get half money back. Please pray me if you can🙏

OP posts:
Original poster
TheMerryHiker · 10/04/2024 21:31

Yes I got pictures and kept receipts. Also investigating report which states urgency of repair was needed. God help🙏

I totally agree that I was totally blind to get into that situation. Lesson learnt for future. Hopefully I get out from this ,only if downstairs pay their half amount of repair.🙏

OP posts:
Motheranddaughter · 10/04/2024 21:39

You should not have gone ahead without the consent of the Cpuncil
Havimg said that,you are more likely to get the money from the Council than from an individual

The fact the roof was a 2 on the Home report should have been a red flag

OneForTheToad · 10/04/2024 22:17

The council may be subletting the downstairs apartment from a private landlord. You really need to check your paperwork. If the roof is yours alone, why does downstairs have any liability? Where did you get this ‘50/50’ information from?

Original poster
TheMerryHiker · 10/04/2024 23:55

I got information it is council built and council own property, mine use to be council property at some point in past. Also I know that in those flats it is shared repair. I am on this site for some help and advise, thinking some kind people are here. Also posted here for the first time in my life. Thanks very much for your kind words and questions.

OP posts:
Original poster
TheMerryHiker · 11/04/2024 00:01

I just read 2 mean repair in future, obviously as a first timer i didn't know ins and out, already stated that. Wouldn't be here asking for help and advise if was smart enough to know 2 is red flag. Not everyone in this world is gifted being smart, i wish i was. Thanks .

OP posts:
Original poster
TheMerryHiker · 11/04/2024 00:03

Had to go ahead as contractors advised its dangerous to be left like that. I didn't mind waiting for 6 months or year to wait, situation was too bad.

OP posts:
Motheranddaughter · 11/04/2024 08:10

I think you should take legal advice on this

Ginmonkeyagain · 11/04/2024 08:11

Hmmm. You really need to check your coveyancing papers and lease.

So far you have said you have said a lot of contradictory things.

Firstly that you own the roof. That would be unusual in a flat. Some maisonettes do have arrangements where the upstairs flat owns the roof and the downstairs flat owns the drains etc.. but it is not common.

Then you say responsibilty for repairs and costs is 50/50 between you and the downstairs flat. If that is the case it would probably be a share of freehold situation where you and the downstairs owners jointly own the freehold and are equally responsible for repairs to common areas like the roof. In that case you should have consulted them on any work.

Finally you say that the property is a council property but your flat is private (presumably sold under right to buy at some point) and the downstairs is still rented out by the council property. If that is the case the council will be the freeholder and responsible for repairs and maintenance of the common areas like the roof (but can charge you a share of the costs). If that is the case you did not have the right to do anything to the roof.

It all sounds hopelessly confused.

Get legal advice.

Startingagainandagain · 11/04/2024 08:27

Are you a leaseholder? do you pay a monthly service charge?

The you need to first alert the freeholder (the council) as they are responsible for maintenance and repair.

They would then inspect the damage and hire a contractor and divide the cost between the two flats.

Freeholders insure the building too.

Your solicitor should have spoken to you about this during the conveyancing process and you need to check what is written on your lease.

In term of survey, the mortgage company just check the value of the flat, usually they just do a desktop survey...you should have commission your own survey to check the condition of the flat.

Hope you get it sorted as it must be really stressful.

Ginmonkeyagain · 11/04/2024 08:30

I am surprised, if the roof was that bad, you didn't see any damage inside the flat when you viewed it or as others said when yiu had an internal survey.

The time for those types of questions about the roof and its condition would have been during the conveyacing process.

Sounds like your solicitor was a bit shit.

CandidHedgehog · 11/04/2024 08:36

Ginmonkeyagain · 11/04/2024 08:30

I am surprised, if the roof was that bad, you didn't see any damage inside the flat when you viewed it or as others said when yiu had an internal survey.

The time for those types of questions about the roof and its condition would have been during the conveyacing process.

Sounds like your solicitor was a bit shit.

Edited

It isn’t clear there was a survey. It may well have just been the mortgage company valuation. Usually people are charged for anything more and it doesn’t sound like the OP was.

Ginmonkeyagain · 11/04/2024 08:39

Yeah I get that, but surely if the roof was in such a poor state it required an immediate repair, damp or water damage could have been visible inside the flat at the viewing?

Motheranddaughter · 11/04/2024 08:39

In th OP it says there was a Home report
Is that not a survey
The solicitor who acted in the purchase should have advised you about liability for maintenance of the roof etc so go back to them on this

Original poster
TheMerryHiker · 11/04/2024 22:10

Legal reference
Tenements (Scotland) Act 2004 section 13
Emergency repairs
As always, check your title deeds to see if they make reference to emergencies. If not, this is what you do.
In the case of emergency work, any owner can instruct work and recover the costs from others. Emergency works are those defined as repairs which:
can't wait for a scheme decision to be made
are required to prevent damage to your building
are in the interests of health and safety
If you live in a building where it is easy to contact other owners, it should be possible to go through proper procedures to get majority agreement before carrying out the emergency work. In this case, the definition of what is an emergency will be more strictly drawn in terms of 'life and limb'.
Where it is very hard and time consuming to contact your co-owners, the definition of emergency repairs could include works required to prevent damage to the building.
After you have carried out the emergency work, you should write to other owners and explain why you took emergency action, and other details about the repair when sending the bill.
If you have to do an emergency repair and you're able to get a surveyor or technical professional to take a look immediately at the issue, this may help you if you need to go to court to recover costs from other owners reluctant to pay their share of the repair.

OP posts:
Motheranddaughter · 11/04/2024 22:37

My reading of this is that it allows you to get a patch up job done without consent of other owner but not a replacement roof
The Act only applies if titles are silent in roof repairs so you need to check the title

Original poster
TheMerryHiker · 11/04/2024 23:58

A reply from my lawyer

The roof is common to all proprietors within the block and therefore all have a share in the cost of the maintenance of same.

OP posts:
Original poster
TheMerryHiker · 12/04/2024 00:02

Another reply from my lawyer, bit of hope, fingers crossed 🤞

I’m sorry to hear about the issues you have faced.

Hopefully the fact that you have had multiple quotes/reports regarding the issue with the roof and the emergency nature of the repair will stand u in good stead in terms of trying to recover some of the costs from the Council.

OP posts:
Ginmonkeyagain · 12/04/2024 08:22

I don't understand why you didn't contact the council as soon as the serious roof issues became apparent.

Have you established that they are your freeholder? This is very important going forward for any other issues that might occur.

Ginmonkeyagain · 12/04/2024 08:23

Oh. Just seen your post. Are you in Scotland? If so do you not have a Factor you can contact about this?

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