Neighbours Won't Repair Our Roof

Question

I live in the ground floor flat, and my neighbours on the 1st floor flat - above them there is the roof.
We are both leaseholders of our separate flats, and by contract the ownership of the roof belongs to them.
The roof has multiple holes, and due to a recent storm tens of tiles have slipped down causing enough damage that when it rains, it rains heavily into my flat, as well as theirs.
I spoke to them and as they are planning to move out at some point in the future, they refuse to carry out any maintenance work. We are paying into an insurance that covers repairs, but they would have to pay up to £2000 of extra, which they refuse to do also. 
I am extremely concerned by this situation and would like to know how to convince them to take care of repairing the roof?

Gary · Accepted Answer

Hi,

(Without Prejudice)

In my opinion, I would:

First: Get your facts straight- establish who is legally responsible.

Second- (If they are indeed responsible) - I suggest that you write them a letter explaining your concerns, including their legal responsibilities within the contract they signed. Also, set a time that you wish to hear their response by (7- 14 days perhaps)

If they try fobbing you off:

Third: Explain tactfully in a letter again, that you are saddened by their reply, because do not wish to go down the legal route. However, if they continue to ignore the situation you will have no other choice but to get a solicitor involved. (Give 3 days to reply)

If you’re legally in the right, let the solicitors do what they’re good at and instruct them to “solicit with your neighbours living above regarding the situation.” 
If they are in the wrong, they will eventually have to pay up for the work plus damages and solicitors fees. It’s something they cannot ignore, even after they have moved.

Note: Keep your communication respectful, to the point, let them know you are serious. Importantly don’t retaliate if they get annoyed and keep copies of all letters in particular and any other communication.

Hope you get it sorted!

Qaiser · Answer

Best thing would be to get it solved before it causes you further damage the battle who pays will drag for long time but ideally it should be the landlord of property to repair it.

Robin · Answer

I would tell them it needs to be done as it is only going to cause more problems in the future

Peter · Answer

That sounds a legal matter to me . Have you had a quite and where ar e you based

Colin · Answer

If the contract states they must maintain the said roof, its their duty per contract to do any nessary maintenance or repairs,especially if its effecting your property. Colin Property Fix

Craig · Answer

Well if they are moving out they will have to have the roof addressed if they are going to sell there lease hold a damaged roof will reduce the sale of the flat significantly so it’s better for them to pay 2k or lose 5 to 6k after it’s been valued

Dermot · Answer

have you thought about crying elsewhere or moving out?

Thomas · Answer

Get Ur roof sorted would be the first thing all person got a share in roof got pay bill if not u can go head with Ur job pay bill to builder and take other to court to get Ur money hope it help

James · Answer

Get a company like JJK roofing to go up takes some pictures of the holes , then get your documents that show they have to fix them and take them to your lawyer

Neighbours Won't Repair Our Roof

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