Management director flat roof issue

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    Management director flat roof issue

    Hello all, here is my first post here. Sorry its a bit long..
    To give you some background I have a 2 bed maisonette flat in Herts, England that I have rented out for last 7 yrs.

    Recently after the long term tenant vacated, I am performing some maintenance to the flat.

    This flat has a flat roof. In the upstairs bathroom and toilet there are two skylights in the ceiling to provide additional light as there are no windows. These are approx 50 yrs old skylights that have plastic square window on top of a metal up-stand. In the side of each upstand (in effect a 30cm deep window frame) there are two vents. These two skylights were in very poor condition , with very rusty upstands and rotten wooden frames that hold the plastic window on, also all vents jammed or broken. I have arranged with maintenance company director that these will be replaced by management company funds (that we all have a share in with monthly fees, fyi we are also all freeholders). they are also replacing the original windows too - all good even if it has taken 3 months to get this approved.

    Also as part of my work to update and improve the property I have it fully rewired to modern spec. The electrician fitted feeds and all relevant wiring to fit electric hardwired ventilation fans. I proposed to the maintenance company that i would like to fit to the roof two small fan flues out to the roof as the new roof windows wont have vents in the side (roofer told me that the upstands will be fabricated from wood this time). And that this could be done when skylights are being replaced. I have been told categorically that "the roof is sacred and any modification will invalidate the roofs warranty, and that it will never happen " The roofer who is fitting the new skylights has no issue with fitting these two extra flues and I have even offered to pay for them myself. Interestingly i have seen other extract flues on the roof that other flats have fitted in the past and when I approached the director he said "they should not of done that and that they are now responsible for their own roofs." The trouble is the flat is 4 stories high and needs scaffolding to replace windows, work on the roof etc. There is also no other roof access that i know of unless scaffolding or a very long ladder is used...

    My question is can the director actually deny me modern ventilation? What are my options ? hope I can pay the roofer to "just do it" when the scaffolding is erected or try to force the management company to accept it is a modern sensible option? I'd rather be upfront but feel that the director (who has always been difficult and rude) will not accept this work. Where do i stand and start? thx

    #2
    Most private sector leases do not allow the service charge to be used to pay for improvement. At the moment, it looks to me as though they must refuse, unless you pay 100% of the cost.

    Comment


      #3
      Originally posted by leaseholder64 View Post
      Most private sector leases do not allow the service charge to be used to pay for improvement. At the moment, it looks to me as though they must refuse, unless you pay 100% of the cost.
      I don't think this is what OP is asking. OP is willing to pay - that is not the issue. The issue is whether OP can make modification to the structure of the building which might have other ramifications for later maintenance in order that OP can avoid "being denied modern ventilation".

      The problem is who bears the cost of any later problems to roof which could be remotely linked to OPs modification. OP has been been told categorically that "the roof is sacred and any modification will invalidate the roofs warranty".

      I think the answer is that OP cannot unilaterally carry out works on a building that does not belong to the OP. I suppose OP could do as suggested and take over responsibility for their own roofs - which would apply to the other lessees as well.

      Comment


        #4
        Hi all, for info, there is no one freeholder, we all own the freehold of the building. So I have a share of the roof technically already.,.. Not sure if this effects things or not.

        Comment


          #5
          Of what is the director a director, if not the freeholder? A tripartite lease with the leaseholders owning the freehold and separately controlling a management company seems to be somewhat over the top,although I suppose it could happen through enfranchisement.

          If you are tenants in common, you will need to make unanimous decisions on anything that is a freeholder decision.

          Comment


            #6
            Originally posted by Bigdry View Post
            Hi all, for info, there is no one freeholder, we all own the freehold of the building. So I have a share of the roof technically already.,.. Not sure if this effects things or not.
            You don't have a share of the roof. You have a share in the ownership of the entity that owns the roof. If I own shares in Tesco, that does not mean I own any rights to some beans on a shelf

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