Who pays for repairs?

[derek]

Hello,
There are 5 flats arranged as 4 conversions in a house and 1 adjoining the house. The 5 owners have the freehold and a Limited company with each owner having 1 share each.
If the adjoining flat requires roof or structural repairs would all 5 owners share the cost, or is the adjoining property solely liable for the costs? If structural or roof repairs are required to the main house would all 5 owners share the cost or the 4 owners in the main house and the adjoining property not contributing to the cost?
What would be the normal expectation? If there is no 'normal' where would we find out what applies to our flats?
Thank you!
Derek

[stevemLS]

Re: Who pays for repairs?

It is "normal" for internal repairs to be the responsibility of each flat owner and for repairs and maintenance of the structure and common parts to be the responsibility of the freeholder.

It does tend to be a bit of a merry go round though as the freeholder can usually recover the costs of any repairs he pays for through the service charge.

There is no inherent reason why your arrangement should be diffferent, but you should check your lease.

For example, where I live there are 72 flats two of which have their own front door and therefore no access to the common parts, they pay a lesser service charge, but would have to contribute the same share for structural repairs.

[Kati]

Re: Who pays for repairs?

Hello,
There are 5 flats arranged as 4 conversions in a house and 1 adjoining the house. The 5 owners have the freehold and a Limited company with each owner having 1 share each.
If the adjoining flat requires roof or structural repairs would all 5 owners share the cost, or is the adjoining property solely liable for the costs? If structural or roof repairs are required to the main house would all 5 owners share the cost or the 4 owners in the main house and the adjoining property not contributing to the cost?
What would be the normal expectation? If there is no 'normal' where would we find out what applies to our flats?
Thank you!
Derek

What does it say in your tennancy agreement in regards repairs? Usually there's something in there somewhere

[derek]

Re: Who pays for repairs?

stevemLS,
I can see that it would make sense for internal repairs to be the responsibility of each flat owner and for repairs and maintenance of the structure and common parts to be the responsibility of the freeholder. We are all the freeholders so in this case you would suggest it likely that each flat shares 1/5th of the cost regardless of whether the repairs are to the main house with 4 flats, or to the single flat adjoining?
You said that "the freeholder can usually recover the costs of any repairs through the service charge". We are the freeholders so we don't have a service charge other than what we choose to pay.


Kati,
You asked what does it say in the tenancy agreement in regards repairs? We are the freeholders/owners. There is no tenancy agreement.

We are just wondering how the costs for roof or structural repairs should be split between us, as 1 flat is adjoining with its own external walls (except the single adjoining side) and roof, while the other 4 flats are within the main house with its own external walls and roof. So should the 4 flats in the main house bear the cost of maintaining the main house and roof, and the 1 flat adjoining be responsible for maintaining its walls and roof? Or should all 5 share the cost of both parts of the property?

Thank you for your help.

[stevemLS]

Re: Who pays for repairs?

Hi

Legally, who is the registered proprietor of the freehold, is the the Ltd company or each of the 5 of you jointly? (I didn't think you could have more than 4 but that is a hazy memory).

I think the principle is that, even though you may not benefit directly from repairs to, eg, the roof of the adjoining single flat (assuming that isn't you), you each have an interest in maintaining the integrity of the whole. So, using the same example, if the owner of the single flat allowed his property to go into rack and ruin, it is gonig to do nothing for the value or saleability of your flat to have some knackered old shed clinging on the side of it.

By the same token, where I am is split into 1 large and two smaller blocks. The owners of block A have an interest in the maintenance of block B on the same basis described above.

I am sure there will be provision for a service charge to be recovered in the individual leases otherwise the properties would be unmortageable.

[Crazy council]

Re: Who pays for repairs?

Hi

what stage is this at ?, The insurance policys and building conditions/regs, in these type flats usualy cover terms relating to the roof, as itsa usually a structure required by all. The questions regarding the other flat roof, may depend on when it was built in relation to the main roof Usually, it would be a split between all affected properties ( all flats ).

Then, any lack of maintenance by either side, or, changes due to structural changes, would be used in the negotiations,

What would be interesting and probably up for interpretation by both sides, would be wither the 4 flats under the same roof, would be counted as one, in relation to dividing the costs

Again, were the damage is, what caused it, would factor into this.

Just had a re-read, if the damage is on the roof for the flat at the back, then, at a guess,

if there is no separate provision within the terms of the arraignment everyone has signed, and if the roof structure is the same one as when the agreements were signed, then the whole roof would be classed as part of the structure, regardless of whose fault it covers, and costs split evenly

if there is any general fault with maintenance of the rear roof, or there has been any remedial works, just by the owners of the rear flat, then that may make a difference

[derek]

Re: Who pays for repairs?

StevenmLS and Crazy council, thank you for the replies.

I think the proprietor of the freehold is the Limited company, I will need to check. I don't believe there have been any changes to the roof or structure of either part of the building since the freehold was acquired by the 5 owners.

Using the logic you suggest, it does make sense for all parties to share the costs regardless of whether it is the main building or the adjoining building that needs repairs, as if either fell into disrepair it could affect the value of the other.

Thanks again.

[dan_1207]

Re: Who pays for repairs?

I might suggest checking the transfer deeds for any covenants re: repairs. Usually in the TP1 etc.

[derek]

Re: Who pays for repairs?

Thanks.