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Is it necessary to pay, or not to pay?

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  • Is it necessary to pay, or not to pay?

    Hi,

    I live in a Victorian house which was converted into 2 flats some time ago.
    Ground floor, 1 bed flat -> I live and own this flat
    First and Second floor 3 bed flat -> Owned by a non residing lady, who rents out rooms

    The house initially had an absentee landlord, and so together we jointly purchased the freehold.

    The issue is, often there are issues with the flat above and I really have no idea whether I have to pay for them, specifically because the owner of that flat, always seems to say. "i will get in touch once i know what work is required", which loosely translates as, once I have some quotes we split it 50/50.

    In the past, there have been issues with the gutter, that is on the roof of the property, and this had become full of leaves and the overspill was running down the wall and causing damp inside my kitchen, this kind of issue I was happy to meet her halfway and resolve the issue.

    But, the latest problem, is she has a damp patch forming in her bathroom. My property is unaffected. She is suggesting she would like the brickwork around an old cast iron ventilation pipe on the outside of the house re-pointed.

    About 2 years ago, I had my flats back walls repointed because they were in dis-repair, but I was told my the builder my responsibility was to only do up the floor height of the upstairs property. I never dreamed to ask for a financial contribution from her.

    Generally, to sum up, there are often issues where the object in disrepair is above the ceiling of my property.

    For example, the roof. Now if the roof was to blow off, of course rain and gravity would eventually cause issues to my property, so I assume a roof repair would be something I am liable for.

    Its really hard to know the legal boundaries of what I am responsible for and what I am not.

    Another example, which actually happened, was a surveyor came to my property, and whilst he was pottering around in the cellar, he informed me one the walls, (a spinal wall as he called it), was totally unsupported and literally free floating, he advised the insertion of an RSJ which, that work I went on to do, and pay for solely by myself. But this spinal wall runs from the cellar literally up to the chimney, but she refused to pay.

    Its a common theme, her issues seem to require my wallet. My issues, seem to be met with "good luck, hope it works out".

    On another occasion, one of her tenants spilt a large amount of liquid, and it seeped through to the ceiling of my property and left a huge brown patch, when I asked her about this, she offered me a tin of paint which was half used. I declined, but I think surely on that occasion she should pay towards the repair.

    Its a fine line between keeping a cooperative relationship for the upkeep of the building our properties are in, and falling out by ensuring she pays for the damage she caused, but on this occasion I want legal advice because I think its going to far now.
    There is nothing in my lease which says I am responsible for anything above the ground floor.

    Any advice on this matter is greatly appreciate, thank you in advance for taking the time to read through this post.
    Last edited by snomys; 10th January 2024, 05:19:AM.
    Tags: None

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